MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Judiciary A
By: Representative Whittington, Watson, McBride, Brown, Barnett (116th), Fredericks, Mayo
AN ACT TO AMEND SECTIONS 25-7-9 AND 93-21-117, MISSISSIPPI CODE OF 1972, TO INCREASE THE FILING FEE IN DIVORCE ACTIONS TO GENERATE REVENUE FOR THE DOMESTIC VIOLENCE FUND; TO PROVIDE THAT A PORTION OF THE MONIES IN THE FUND DERIVED FROM THE FEES SHALL BE USED FOR SUPPORT OF CHILDREN'S PROGRAMS UNDER THE OPERATION OF ANY DOMESTIC VIOLENCE SHELTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document........................................ $ 1.00
(b) Recording deeds, wills, leases, amendments, subordinations, liens, releases, cancellations, orders, decrees, oaths, etc., including indexing 6.00
Sectional index entries per section or subdivision.. 1.00
(c) Recording deeds of trust.................. 10.00
Sectional index entries per section or subdivision.. 1.00
(d) (i) Recording oil and gas leases, etc., including indexing in general indices.......................................... 12.00
Sectional index entries per section or subdivision.. 1.00
(ii) Recording oil and gas cancellations, assignments, etc., including indexing in general indices:
First page.......................................... 5.00
Each additional page................................ 2.00
Abstracting each section or subdivision............. 1.00
Sectional index entries per section or subdivision.. 6.00
(e) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee, per page. .50
If performed by any other person, per page.......... .25
(f) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each................................. 20.00
(g) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding....... 1,500.00
(h) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each 30.00
For the second chancellor sitting, clerk only....... 30.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(i) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(j) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding5,000.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but said fees may be demanded before the document is recorded.
(2) In accordance with Uniform Chancery Court Rule 9.01 as approved by Order of the Mississippi Supreme Court, the following fees shall be a total fee for all services performed by the clerk with respect to a complaint which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee to wit:
(a) Divorce to be contested.................. $125.00
(b) Divorce uncontested....................... 80.00
(c) Alteration of birth or marriage certificate 25.00
(d) Removal of minority....................... 25.00
(e) Guardianship or conservatorship........... 75.00
(f) Estate of deceased, intestate............. 75.00
(g) Estate of deceased, testate............... 75.00
(h) Adoption.................................. 75.00
(i) Land dispute.............................. 75.00
(j) Injunction................................ 75.00
(k) Settlement of small claim................. 30.00
(l) Contempt in child support................. 75.00
(m) Partition suit............................ 75.00
(n) Any cross-complaint....................... 25.00
The clerk shall deposit Fifty Dollars ($50.00) of each fee collected for a divorce, whether contested or uncontested, in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 2. Section 93-21-117, Mississippi Code of 1972, is amended as follows:
93-21-117. There is hereby created in the State Treasury a special fund to be known as the "Victims of Domestic Violence Fund." The circuit clerks of the state shall deposit in such fund on a monthly basis the additional fee charged and collected for marriage licenses under the provisions of Section 25-7-13, and Fifty Dollars ($50.00) of each fee charged and collected in contested and uncontested divorce actions under the provisions of Section 25-7-9. In addition, all other monies received from every source for the support of the program for victims of domestic violence, established by Sections 93-21-101 through 93-21-113, shall be deposited in the "Victims of Domestic Violence Fund." The monies in the fund shall be used by the State Department of Health solely for funding and administering domestic violence shelters under the provisions of Sections 93-21-101 through 93-21-113, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections 93-21-101 through 93-21-113. Not more than ten percent (10%) of the monies in the "Victims of Domestic Violence Fund" shall be appropriated to the State Department of Health for the administration of domestic violence shelters. That a portion of the monies in the fund derived from the additional fee charged for divorce actions under Section 25-7-9 shall be for support of children's programs under the operation and direction of any domestic violence shelter defined in Section 93-21-101(b) that meets the qualifications for receiving state funding as established by Sections 93-21-105 and 93-21-107.
SECTION 3. This act shall take effect and be in force from and after July 1, 2003.