MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Public Health and Welfare; Judiciary, Division A
By: Senator(s) Chaney
AN ACT TO AMEND SECTIONS 93-21-303, 93-21-305, 93-21-311 AND 25-7-9, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL PURPOSES FOR THE MISSISSIPPI CHILDREN'S TRUST FUND TO INVESTIGATE AND PROSECUTE CHILD ABUSE AND NEGLECT, TO AUTHORIZE TRUST FUND GRANTS TO AN ESTABLISHED CHILDREN'S ADVOCACY CENTER AND A MULTIDISCIPLINARY FACILITY AT THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER, AND TO INCREASE FEES CHARGED BY THE CHANCERY CLERKS WITH A CERTAIN INCREASE TO BE DEPOSITED INTO THE CHILDREN'S TRUST FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-21-303, Mississippi Code of 1972, is amended as follows:
93-21-303. The Legislature of the State of Mississippi finds and declares the policy of this state as follows:
(a) The children of Mississippi are its single greatest resource and our children require the utmost protection to guard their future and the future of this state;
(b) Child abuse and neglect are a threat to the family unit and impose major expenses on society in addition to the individual and collective damage on the children of this state;
(c) There is a need to assist private and public agencies in identifying and establishing community-based educational and service programs for the investigation, prosecution and prevention of child abuse and neglect;
(d) An increase in investigative, educational, service and prevention programs will assist in breaking the cycle of child abuse and neglect and will assist in reducing the breakdown of families and thus reduce the need for state assistance and intervention and state expenses; and
(e) Programs to investigate, prosecute and prevent child abuse and neglect should be partnerships between citizens, local communities and the State of Mississippi.
SECTION 2. Section 93-21-305, Mississippi Code of 1972, is amended as follows:
93-21-305. (1) There is hereby established in the State Treasury a special fund to be known as the "Mississippi Children's Trust Fund."
(2) The fund shall consist of any monies appropriated to the fund by the Legislature, any donations, gifts and grants from any source, receipts from the birth certificate fees as provided by subsection (2) of Section 41-57-11, and any other monies which may be received from any other source or which may be hereafter provided by law.
(3) Monies in the fund shall be used only for the purposes set forth in Sections 93-21-301 through 93-21-311. Interest earned on the investment of monies in the fund shall be returned and deposited to the credit of the fund.
(4) Disbursements of money from the fund shall be on the authorization of the Division of Family and Children's Services of the State Department of Public Welfare.
(5) The primary purpose of the fund is to encourage and provide financial assistance in the provision of direct services to investigate, prosecute and prevent child abuse and neglect.
SECTION 3. Section 93-21-311, Mississippi Code of 1972, is amended as follows:
93-21-311. In making grants or loans from the trust fund, the division shall consider the degree to which the applicant's proposal meets the following criteria:
(a) Has as its primary purpose the development and facilitation of a community-based prevention program in a specific geographical area, which program shall utilize trained volunteers and existing community resources where practicable;
(b) Is administered by an organization or group which is composed of or has participation by the county department of public welfare, the county health department, the youth court or chancery court, the office of the district attorney, county or municipal law enforcement personnel, county or municipal school officials, local public or private organizations or agencies which provide programs or services for the prevention of child abuse and neglect and educational programs for the prevention of problems of families and children; * * *
(c) Demonstrates a willingness and ability and has a plan to provide prevention program models and consultations to appropriate organizations within the community regarding prevention program development and maintenance;
(d) Is an established Children's Advocacy Center with full membership in the National Children's Alliance; and
(e) Is an academically based multidisciplinary facility housed at the University of Mississippi Medical Center dedicated to the investigation, assessment and prosecution of child abuse.
SECTION 4. 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; for the first fifteen (15)
pages................................................. $ 10.00
Each additional page........................ 1.00
Sectional index entries per section or subdivision
lot................................................... 1.00
(c) Recording deeds of trust, for the first fifteen (15) pages $ 15.00
Each additional page........................ 1.00
Sectional index entries per section or subdivision
lot................................................... 1.00
(d) Recording oil and gas leases, cancellations, assignments, etc., including indexing in general indices; for the first fifteen (15) pages $ 18.00
Each additional page........................ 1.00
Sectional index entries per section or subdivision
lot................................................... 1.00
(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...... $3,000.00
(h) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each$ 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 exceeding. $5,000.00
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................... $80.00
(b) Divorce uncontested....................... 35.00
(c) Alteration of birth or marriage certificate 30.00
(d) Removal of minority....................... 30.00
(e) Guardianship or conservatorship........... 80.00
(f) Estate of deceased, intestate............. 80.00
(g) Estate of deceased, testate............... 80.00
(h) Adoption.................................. 80.00
(i) Land dispute.............................. 80.00
(j) Injunction................................ 80.00
(k) Settlement of small claim................. 35.00
(l) Contempt in child support................. 80.00
(m) Partition suit............................ 80.00
(n) Any cross-complaint....................... 30.00
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.
The clerk shall deposit Five Dollars ($5.00) of each of the above listed fees collected to the "Mississippi Children's Trust Fund."
SECTION 5. This act shall take effect and be in force from and after July 1, 2005.