MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Appropriations

By: Representative Stringer, Watson, Brown

House Bill 194

AN ACT TO AMEND SECTION 27-71-303, MISSISSIPPI CODE OF 1972, TO INCREASE THE ANNUAL PRIVILEGE TAX ON RETAIL AND WHOLESALE SELLERS OF BEER AND LIGHT WINES; TO PROVIDE THAT WHERE A FEE IS NOT SET BY LAW, THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL CHARGE FEES FOR GENERAL PERMITS, OTHER PERMITS AND MONITORING ACTIVITIES; TO AMEND SECTIONS 51-3-31, 53-7-7, 53-7-21, 53-7-25, 53-7-27 AND 53-7-69, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL CHARGE FEES FOR CERTAIN ACTIVITIES UNDER ITS JURISDICTION; TO AMEND SECTION 63-21-63, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES FOR ISSUING AND PROCESSING MOTOR VEHICLE CERTIFICATES OF TITLE AND RELATED DOCUMENTS; TO CODIFY NEW SECTION 7-3-30, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL PROVIDE FOR THE ANNUAL PUBLICATION OF A JUDICIARY DIRECTORY AND COURT CALENDAR, WHICH SHALL BE MADE AVAILABLE FOR SALE FOR NOT LESS THAN A SPECIFIED PRICE PER COPY; TO AMEND SECTION 25-7-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE AN ADDITIONAL FEE FOR THE COMMISSIONING OF NOTARIES PUBLIC; TO AMEND SECTION 75-4-1.22, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE ADDITIONAL FEES FOR FILING CERTAIN DOCUMENTS; TO AMEND SECTION 75-9-525, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE ADDITIONAL FILING FEES FOR SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE; TO AMEND SECTION 75-63-65, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE FEES FOR CERTAIN ACTIONS RELATING TO SALES OF PRE-NEED CONTRACTS; TO AMEND SECTION 75-71-409, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE FEES FOR CERTAIN ACTIONS RELATING TO SECURITIES; TO AMEND SECTION 79-11-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE ADDITIONAL FEES FOR FILING CERTAIN DOCUMENTS; TO AMEND SECTION 79-11-504, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE ADDITIONAL FEES FOR CERTAIN ACTIONS RELATING TO CHARITABLE SOLICITATIONS; TO AMEND SECTION 79-29-1203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL CHARGE ADDITIONAL FEES FOR CERTAIN ACTIONS RELATING TO LIMITED LIABILITY COMPANIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-71-303, Mississippi Code of 1972, is amended as follows:

27-71-303. Upon each person approved for a permit to engage in the business of selling light wines or beer there is * * * imposed, levied and assessed, to be collected and paid as * * * provided in this section, annual privilege taxes in the following amounts:

(a) Retailers--for each place of

business............................. ..$ 100.00

(b) Wholesalers or distributors--for each

county................................. $ 250.00

business............................... $1,000.00

(d) Brewpubs--for each place of

business............................... $1,000.00

Upon each person operating an airline, bus, boat or railroad car upon which light wines or beer may be sold, there is * * * imposed, levied and assessed, to be collected and paid, annual privilege taxes of One Hundred Dollars ($100.00) for each airplane, bus, boat or railroad car so operated in this state.

* * * However, the amount of the privilege tax to be paid for a permit issued for a period of less than twelve (12) months shall be that proportionate amount of the annual privilege tax that the number of months, or part of a month, remaining until its expiration date bears to twelve (12) months, but in no case shall the privilege tax be less than Ten Dollars ($10.00).

SECTION 2. (1) Beginning on July 1, 2005, in all instances where no provision of law sets a fee, the Department of Environmental Quality shall charge a fee of One Hundred Dollars ($100.00) for any general permit that it issues to any permittee. For any other permit or any activity associated with the monitoring of the activities of a permittee, where no provision of law sets a permit or monitoring fee, the department shall charge all permittees a fee of Two Hundred Fifty Dollars ($250.00). Fees for permits shall be collected at the time of the issuance of the permits. Monitoring fees shall be collected after completion of the monitoring activity.

(2) The department shall charge each animal feeding operation and confined animal feeding operation a one-time fee of One Hundred Dollars ($100.00).

(3) The fees collected under this section shall be deposited in the State Treasury to the credit of the department.

SECTION 3. Section 51-3-31, Mississippi Code of 1972, is amended as follows:

51-3-31. Any person desiring to use water for a beneficial purpose shall apply to the board for a permit for such use on a form prescribed by the board for such purpose. The application shall be accompanied by a fee of Two Hundred Fifty Dollars ($250.00). The application shall provide such information as deemed appropriate by the board to its decision to issue such permit. The fees and applications required by this section also shall apply to renewals of permits and any modifications to permits. The board shall not charge any fees under this section to animal feeding operations or confined animal feeding operations.

All fees received by the board under this section shall be deposited in the State Treasury to the credit of the Department of Environmental Quality.

SECTION 4. Section 53-7-7, Mississippi Code of 1972, is amended as follows:

53-7-7. (1) Except as provided in this section, it is unlawful to commence an operation or operate a surface mine without a permit or coverage under a general permit as provided by this chapter.

(2) Except as expressly provided in this section, this chapter shall not apply to:

(a) Excavations made by the owner of land for the owner's own use and not for commercial purposes, where the materials removed do not exceed one thousand (1,000) cubic yards per year and where one (1) acre or less of land is affected;

(b) Excavations made by a public agency on a one-time basis for emergency use at an emergency site if:

(i) The excavation lies in the vicinity of the emergency site and affects less than one-fourth (1/4) acre of mined surface area;

(ii) The landowner has signed a statement giving approval for the removal of the materials; and

(iii) The public agency notifies the department as required by the commission within two (2) working days of the removal of the materials.

(c) Operations for any materials on any affected area conducted before April 15, 1978, but this chapter shall apply to any additional land which the operation extended to or encompassed after April 15, 1978;

(d) Operations for any materials that affected four (4) acres or less and were greater than one thousand three hundred twenty (1,320) feet from any other affected area if:

(i) The operation began before July 1, 2002; and

(ii) The operator notified the commission of the commencement, expansion or resumption of the operation before July 1, 2002; and

(e) Operations for any materials that affect four (4) acres or less, are greater than one thousand three hundred twenty (1,320) feet from any other affected area and commenced after July 1, 2002, if the operator notifies the department at least seven (7) calendar days before commencement or expansion of the operation as required in regulations adopted by the commission. The seven-day notice prior to mining requirement shall be waived and the operator may begin mining immediately after notifying the department if:

(i) The operator agrees, in the notification, to reclaim the mine site in accordance with the minimum standards adopted by the commission; or

(ii) The exempted operation is conducted for Mississippi Department of Transportation projects or state aid road construction projects funded in whole or in part by public funds.

(3) Exempt operations under paragraph (e) that are conducted for the MDOT projects or state aid road construction projects shall be reclaimed in accordance with the requirements of the Mississippi Standard Specifications for Road and Bridge Construction, Mississippi Department of Transportation or Division of State Aid Road Construction, as applicable. Any operator failing to reclaim as required under this subsection may be subject to the penalties provided in Section 53-7-59(2).

(4) If a landowner refuses to allow the operator to complete reclamation in accordance with minimum standards or interferes with or authorizes a third party to disturb or interfere with reclamation in accordance with minimum standards, the landowner shall assume the exempt notice and shall be responsible for any reclamation.

(5) All operations exempted under Sections 53-7-7(2)(d) and 53-7-7(2)(e) shall be subject to the prohibitions on mining in certain areas contained in Sections 53-7-49 and 53-7-51 and may be subject to the penalties in Section 53-7-59(2) for any violation of those sections.

(6) Any operator conducting operations exempted under Section 53-7-7(2)(b) or 53-7-7(2)(e) failing to notify the department in accordance with the regulations of the commission, may be subject to penalties provided in Section 53-7-59(2). Any operator exempted under Section 53-7-7(2)(e) who agrees in the notification to reclaim and fails to reclaim in accordance with that paragraph may be subject to penalties provided in Section 53-7-59(2).

(7) The department shall collect from every operator granted an exemption the amount of One Hundred Dollars ($100.00) from any operator whose mining operations are exempted under the authority of this section. The department shall charge an annual monitoring fee of One Hundred Dollars ($100.00) to any exempted and nonexempted operators to help defray the costs of monitoring surface mining activity. All fees collected under this subsection shall be deposited in the State Treasury to the credit of the department.

SECTION 5. Section 53-7-21, Mississippi Code of 1972, is amended as follows:

53-7-21. (1) Unless exempted under Section 53-7-7, no operator shall engage in surface mining without having first obtained coverage under a general permit or having obtained from the Permit Board a permit for each operation. The permit or coverage under a general permit shall authorize the operator to engage in surface mining upon the area of land described in the application for a period of either five (5) years or longer period of time as deemed appropriate by the Permit Board from the date of issuance or until reclamation of the affected area is completed and the reclamation bond is finally released, whichever comes first.

(2) Each operator holding a permit shall annually, before the anniversary date of the permit, file with the department a certificate of compliance in which the operator, under oath, shall declare that the operator is following the approved mining and reclamation plan and is abiding by this chapter and the rules and regulations adopted under this chapter.

(3) The department shall charge all permit holders an annual permit monitoring fee of One Hundred Twenty-five Dollars ($125.00). All fees collected under this subsection shall be deposited in the State Treasury to the credit of the department.

SECTION 6. Section 53-7-25, Mississippi Code of 1972, is amended as follows:

53-7-25. (1) Each application for a surface mining permit and for coverage under a general permit shall be accompanied by an application fee in accordance with a published fee schedule adopted by the commission. The application fee shall not be less than One Hundred Dollars ($100.00) plus Ten Dollars ($10.00) per acre included in the application. The total application fee shall not exceed Five Hundred Dollars ($500.00). The commission, in considering regulations on the fee schedule, shall recognize the difference in the various materials, taking into consideration the commercial value of the material and the nature and size of operation necessary to extract it.

(2) All state agencies, political subdivisions of the state, and local governing bodies shall be exempt from all fees required by this chapter.

(3) Upon submission of the certificate of compliance required under Section 53-7-21, each operator shall pay a fee of Fifty Dollars ($50.00).

(4) In addition to the fees provided for in this section, the department shall charge a fee of One Hundred Dollars ($100.00) for any permit issued and for the renewal of permits. All funds collected under this subsection shall be deposited in the State Treasury to the credit of the department.

SECTION 7. Section 53-7-27, Mississippi Code of 1972, is amended as follows:

53-7-27. (1) Before commencing any operation for which a permit is required, each applicant for a permit shall submit to the Permit Board an application, a proposed initial reclamation plan and a performance bond in an amount proposed to be sufficient by the applicant to reclaim the permit area.

(2) The application shall be in the form prescribed by the commission and shall contain the following information:

(a) A legal description of the tract or tracts of land in the affected area and one or more maps or plats of adequate scale to clearly portray the location of the affected area. The description shall contain sufficient information so that the affected area may be located and distinguished from other lands and shall identify the access from the nearest public road;

(b) The approximate location and depth of the deposit in the permit area and the total number of acres in the permit area;

(c) The name, address and management officers of the permit applicant and any affiliated persons who shall be engaged in the operations;

(d) The name and address of any person holding legal and equitable interests of record, if reasonably ascertainable, in the surface estate of the permit area and in the surface estate of land located within five hundred (500) feet of the exterior limits of the permit area;

(e) The name and address of any person residing on the property of the permit area at the time of application;

(f) Current or previous surface mining permits held by the applicant, including any revocations, suspensions or bond forfeitures;

(g) The type and method of operation, the engineering techniques and the equipment that is proposed to be used, including mining schedules, the nature and expected amount of overburden to be removed, the depth of excavations, a description of the permit area, the anticipated hydrologic consequences of the mining operation, and the proposed use of explosives for blasting, including the nature of the explosive, the proposed location of the blasting and the expected effect of the blasting;

(h) A notarized statement showing the applicant's legal right to surface mine the affected area;

(i) The names and locations of all lakes, rivers, reservoirs, streams, creeks and other bodies of water in the vicinity of the contemplated operations which may be affected by the operations and the types of existing vegetative cover on the area affected thereby and on adjoining lands within five hundred (500) feet of the exterior limits of the affected area;

(j) A topographical survey map showing the surface drainage plan on and away from the permit area;

(k) The surface location and extent of all existing and proposed waste and spoil piles, cuts, pits, tailing dumps, ponds, borrow pits, evaporation and settling basins, roads, buildings, access ways, workings and installations sufficient to provide a reasonably clear and accurate portrayal of the existing surface conditions and the proposed mining operations;

(l) If the surface and mineral estates, or any part of those estates, in land covered by the application, have been severed and are owned by separate owners, the applicant shall provide a notarized statement subscribed to by each surface owner and lessee of those lands, unless the lease or other conveyance to the applicant specifically states the material to be mined by the operator granting consent for the applicant to initiate and conduct surface mining, exploration and reclamation activities on the land;

(m) Except for governmental agencies, a certificate of insurance certifying that the applicant has in force a public liability insurance policy issued by an insurance company authorized to conduct business in the State of Mississippi covering all operations of the applicant in this state and affording bodily injury protection and property damage protection in an amount not less than the following:

(i) One Hundred Thousand Dollars ($100,000.00) for all damages because of bodily injury sustained by one (1) person as the result of any one (1) occurrence, and Three Hundred Thousand Dollars ($300,000.00) for all damages because of bodily injury sustained by two (2) or more persons as the result of any one (1) occurrence; * * *

(ii) One Hundred Thousand Dollars ($100,000.00) for all claims arising out of damage to property as the result of any one (1) occurrence including completed operations; and

(iii) In any case where the department releases any permittee from the obligation of having the insurance or bond required by this paragraph (m), the department shall charge the permittee One Hundred Dollars ($100.00). The fees collected under this subparagraph (iii) shall be deposited in the State Treasury to the credit of the department.

The policy shall be maintained in full force and effect during the term of the permit, including the length of all reclamation operations.

(n) A copy of a proposed initial reclamation plan prepared under Section 53-7-31; and

(o) Any other information needed to clarify the required parts of the application.

SECTION 8. Section 53-7-69, Mississippi Code of 1972, is amended as follows:

53-7-69. (1) There is created in the State Treasury a fund to be designated as the "Surface Mining and Reclamation Fund," referred to hereinafter as the "fund." There is created in the fund an account designated as the "Land Reclamation Account" and an account designated as the "Surface Mining Program Operations Account."

(2) The fund shall be treated as a special trust fund. Interest earned on the principal therein shall be credited by the Treasurer to the fund.

(3) The fund may receive monies from any available public or private sources, including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions, penalties and forfeited performance bonds. Any monies received from penalties, forfeited performance bonds, judicial actions and the interest thereon, less enforcement and collection costs, shall be credited to the Land Reclamation Account. Except as otherwise provided by law, any monies received from the collection of fees, grants, taxes, public or private donations and the interest thereon shall be credited to the Surface Mining Program Operations Account.

(4) The commission shall expend or utilize monies in the fund by an annual appropriation by the Legislature as provided herein. Monies in the Land Reclamation Account may be used to defray any costs of reclamation of land affected by mining operations. Monies in the Surface Mining Program Operations Account may be used to defray the reasonable direct and indirect costs associated with the administration and enforcement of this chapter.

(5) Proceeds from the forfeiture of performance bonds or deposits and penalties recovered shall be available to be expended to reclaim, in accordance with this chapter, lands with respect to which the performance bonds or deposits were provided and penalties assessed. If the commission expends monies from the fund for which the cost of reclamation exceeded the proceeds from the forfeiture of performance bonds or deposits, the commission may seek to recover any monies expended from the fund from any responsible party.

SECTION 9. Section 63-21-63, Mississippi Code of 1972, is amended as follows:

63-21-63. There shall be paid to the State Tax Commission for issuing and processing documents required by this chapter, fees for motor vehicles according to the following schedule:

(a) Each application for certificate of title issued under Section 63-21-9(2)..................................................... $9.00;

(b) Each application for certificate of title not issued under Section 63-21-9(2).................................................. 9.00;

corrected certificate of title........................... 9.00;

(d) Each suspension or revocation of

certificate of title..................................... 9.00;

(e) Each notice of security interest.......... 9.00;

(f) Each release of security interest......... 9.00;

(g) Each assignment by lienholder............. 9.00;

(h) Each application for information as to

the status of the title of a vehicle..................... 9.00.

The designated agent may add the sum of One Dollar ($1.00) to each document processed for which a fee is charged to be retained as his commission for services rendered. All other fees collected shall be remitted to the State Tax Commission.

If more than one (1) transaction be involved in any application on a single vehicle and if supported by all required documents, the fee charged by the State Tax Commission and by the designated agent for processing and issuing shall be considered as only one (1) transaction.

SECTION 10. The following shall be codified as Section 7-3-30, Mississippi Code of 1972:

7-3-30. The Secretary of State shall provide for the annual publication of a Judiciary Directory and Court Calendar, which shall be made available for sale for not less than Two Dollars and Fifty Cents ($2.50) per copy, plus the actual cost of shipping and handling. The Secretary of State shall pay the proceeds of those sales into the State General Fund.

SECTION 11. Section 25-7-81, Mississippi Code of 1972, is amended as follows:

25-7-81. (1) The Secretary of State shall charge the following fees:

(a) For every commission issued by him to persons appointed by the Governor as a commissioner of this state in any other state, territory, or district of the United States, or in any foreign country................. $10.00

(b) For recording charter of a corporation for literary, religious, benevolent, fraternal, or scientific purposes, and not for pecuniary profits, directly or

indirectly............................................... 20.00

(d) For commission of each commissioner of

deeds.................................................... 10.00

(2) In addition to the fees charged under subsection (1)(c) of this section, the Secretary of State shall charge a fee of Ten Dollars ($10.00) for the commissioning of notaries public, which shall be deposited into the State General Fund.

SECTION 12. Section 79-4-1.22, Mississippi Code of 1972, is amended as follows:

79-4-1.22. (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him for filing:

Document Fee

(1) Articles of incorporation.............. $ 50.00

(2) Application for use of indistinguishable

name................................... 25.00

(3) Application for reserved name.......... 25.00

(4) Notice of transfer of reserved name.... 25.00

(5) Application for registered name........ 50.00

(6) Application for renewal of registered

name................................... 50.00

(7) Corporation's statement of change of

registered agent or registered office

or both................................ 10.00

(8) Agent's statement of change of registered

office for each affected corporation... 10.00

not to exceed a total of............... 1,000.00

(9) Agent's statement of resignation....... No fee

(10) Amendment of articles of incorporation 50.00

(11) Restatement of articles of incorporation 50.00

with amendment of articles............ 50.00

(12) Articles of merger or share exchange.. 50.00

(13) Articles of dissolution............... 25.00

(14) Articles of revocation of dissolution. 25.00

(15) Certificate of administrative dissolution No fee

(16) Application for reinstatement following

administrative dissolution............ 50.00

(17) Certificate of reinstatement.......... No fee

(18) Certificate of judicial dissolution... No fee

(19) Application for certificate of authority 500.00

(20) Application for amended certificate of

authority............................. 50.00

(21) Application for certificate of withdrawal 25.00

(22) Certificate of revocation of authority to

transact business..................... No fee

(23) Application for reinstatement following

administrative revocation............. 100.00

(24) Certificate of reinstatement.......... No fee

(25) Annual report......................... 25.00

(26) Articles of correction................ 50.00

(27) Application for certificate of existence

or authorization...................... 25.00

(28) Any other document required or permitted

to be filed by Section 79-4-1.01 et seq.. 25.00

(b) The Secretary of State shall collect a fee of Twenty-five Dollars ($25.00) each time process is served on him under Section 79-4-1.01 et seq. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.

(c) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:

(1) One Dollar ($1.00) a page for copying; and

(2) Ten Dollars ($10.00) for the certificate.

(d) The Secretary of State may collect a filing fee greater than the fee set out herein, not to exceed the actual costs of processing such filing, if the form for such filing prescribed by the Secretary of State has not been used.

(e) In addition to any other fees charged under this section, the Secretary of State shall charge the following fees:

(1) Articles of incorporation............... $25.00

(2) Agent's statement of resignation........ 25.00

(3) Annual report........................... 25.00

The fees collected under this subsection (e) shall be deposited into the State General Fund.

SECTION 13. Section 75-9-525, Mississippi Code of 1972, is amended as follows:

[Until December 31, 2007, this section shall read as follows:]

75-9-525. (a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b) is the amount specified in subsection (c), if applicable, plus:

(1) Ten Dollars ($10.00) if the record is communicated in writing and is in the standard form prescribed by the Secretary of State;

(2) Thirteen Dollars ($13.00) if the record is communicated in writing and is not in the standard form prescribed by the Secretary of State; and

(3) Eight Dollars ($8.00) if the record is communicated by another medium authorized by filing-office rule.

In addition to the fees charged in paragraphs (1), (2) and (3) of this subsection (a), a fee of Ten Dollars ($10.00) shall be charged on all transactions described in paragraphs (1) and (2), and a fee of Eight Dollars ($8.00) shall be charged on all transactions described in paragraph (3). The fees collected under this paragraph shall be deposited into the State General Fund. (b) Except as otherwise provided in subsection (e), the fee for filing and indexing an initial financing statement of the following kind is the amount specified in subsection (c), if applicable, plus:

(1) Thirteen Dollars ($13.00) if the financing statement indicates that it is filed in connection with a public-finance transaction;

(2) Ten Dollars ($10.00) if the financing statement indicates that it is filed in connection with a manufactured-home transaction.

In addition to the fees charged in paragraphs (1) and (2) of this subsection (b), a fee of Ten Dollars ($10.00) shall be charged on all transactions described in paragraphs (1) and (2) of this subsection (b). The fees collected under this paragraph shall be deposited into the State General Fund.

(c) Except as otherwise provided in subsection (e), if a record is communicated in writing, the fee for each additional debtor name more than one (1) required to be indexed is Four Dollars ($4.00).

In addition to the fee charged in this subsection (c), a fee of Sixteen Dollars ($16.00) shall be charged on all transactions described in this subsection. The fees collected under this paragraph shall be deposited into the State General Fund.

(d) The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:

(1) Five Dollars ($5.00) if the request is communicated in writing on the standard form prescribed by the Secretary of State;

(2) Ten Dollars ($10.00) if the request is communicated in writing and is not in the standard form prescribed by the Secretary of State;

(3) Three Dollars ($3.00) if the request is communicated by another medium authorized by filing-office rule; and

(4) An additional fee of Two Dollars ($2.00) shall be paid by the requesting party for each financing statement listed on the filing officer's certificate, the aggregate of which shall be billed to the requesting party at the time the filing officer's certificate is issued.

In addition to the fees charged in paragraphs (1), (2), (3) and (4) of this subsection (d), a fee of Five Dollars ($5.00) shall be charged on all transactions described in paragraphs (1), (2), (3) and (4) of this subsection. The fees collected under this paragraph shall be deposited into the State General Fund.

(e) This section does not require a fee to the chancery clerk with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under Section 75-9-502(c). However, the recording and satisfaction fees to the chancery clerk that otherwise would be applicable under Section 25-7-9 to the record of the mortgage apply.

[From and after December 31, 2007, this section shall read as follows:]

(1) Five Dollars ($5.00) if the record is communicated in writing and is in the standard form prescribed by the Secretary of State;

(2) Eight Dollars ($8.00) if the record is communicated in writing and is not in the standard form prescribed by the Secretary of State; and

(3) Three Dollars ($3.00) if the record is communicated by another medium authorized by filing-office rule.

(1) Eight Dollars ($8.00) if the financing statement indicates that it is filed in connection with a public-finance transaction;

(2) Five Dollars ($5.00) if the financing statement indicates that it is filed in connection with a manufactured-home transaction.

(c) Except as otherwise provided in subsection (e), if a record is communicated in writing, the fee for each additional debtor name more than one (1) required to be indexed is Four Dollars ($4.00).

(1) Five Dollars ($5.00) if the request is communicated in writing on the standard form prescribed by the Secretary of State;

(2) Ten Dollars ($10.00) if the request is communicated in writing and is not in the standard form prescribed by the Secretary of State;

(3) Three Dollars ($3.00) if the request is communicated by another medium authorized by filing-office rule; and

SECTION 14. Section 75-63-65, Mississippi Code of 1972, is amended as follows:

75-63-65. (1) Any establishment or organization which engages in the business of selling pre-need merchandise and/or services shall register with the Secretary of State and shall pay a registration fee. A separate registration is required for each separate corporation or business entity. The establishment or organization shall pay to the Secretary of State for the registration of the main establishment or organization a fee of Three Hundred Fifty Dollars ($350.00).

(2) Any person who engages in the business of selling pre-need contracts shall register with the Secretary of State.

(3) The Secretary of State shall establish regulations to register each establishment or organization selling pre-need merchandise or services. No establishment or organization shall be registered to sell pre-need merchandise or services that the establishment or organization cannot lawfully provide at the time of a person's death. The Secretary of State shall also maintain a record of all individuals who are registered to sell pre-need merchandise or services through the registered establishment.

(4) The Secretary of State shall establish regulations to register each person selling pre-need contracts, including the establishment through which the seller will be selling. No person shall be registered to sell pre-need contracts without indicating the establishment for which he or she is selling.

(5) The Secretary of State shall develop and furnish the forms necessary for the registration of establishments and individuals selling pre-need contracts.

(6) The Secretary of State shall charge the following fees under this article:

(a) Renewal of registration for establishments and organizations $50.00

(b) Registration of agents.................... $20.00

(d) Filing of sales reports................... $50.00

The fees collected under this subsection shall be deposited into the State General Fund.

SECTION 15. Section 75-71-409, Mississippi Code of 1972, is amended as follows:

75-71-409. (1) (a) At the time the registration of a securities offering or notification of a securities offering pursuant to Section 75-71-408(a) is filed, every person filing such registration or notification shall pay a filing fee of one-tenth of one percent (1/10 of 1%) of the dollar amount to be registered, with the minimum fee to be One Hundred Fifty Dollars ($150.00) and the maximum fee to be One Thousand Dollars ($1,000.00).

(b) When a registration is withdrawn before the effective date or a preeffective stop order is entered under Sections 75-71-425 through 75-71-431, the Secretary of State shall retain the greater of One Hundred Fifty Dollars ($150.00) or forty percent (40%) of the fee.

(c) The Secretary of State may by rule or otherwise set a fee for changing the name of an issuer or offering filed with his office.

(2) The Secretary of State shall charge the following fees under this chapter:

(a) Initial registration statements - processing

fee..................................................... $100.00

(b) Renewal fee in addition to initial

offering................................................ $100.00

The fees collected under this subsection shall be deposited into the State General Fund.

SECTION 16. Section 79-11-109, Mississippi Code of 1972, is amended as follows:

79-11-109. (1) Except as otherwise provided in subsection (4) of this section, the Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing:

Document Fee

(a) Articles of incorporation.............. $ 50.00

(b) Application for use of indistinguishable name

...................................................... 25.00

(d) Notice of transfer of reserved name.... 25.00

(e) Application for registered name........ 50.00

(f) Application for renewal of registered name 50.00

(g) Corporation's statement of change of registered agent or registered office or both........................................ 10.00

(h) Agent's statement of change of registered office for each affected corporation........................................... 10.00

not to exceed a total of.................... 1,000.00

(i) Agent's statement of resignation....... No Fee

(j) Amendment of articles of incorporation. 50.00

(k) Restatement of articles of incorporation with amendments 50.00

(l) Articles of merger..................... 50.00

(m) Articles of dissolution................ 25.00

(n) Articles of revocation of dissolution.. 25.00

(o) Certificate of administrative dissolution No Fee

(p) Application for reinstatement following administrative dissolution 50.00

(q) Certificate of reinstatement........... No Fee

(r) Certificate of judicial dissolution.... No Fee

(s) Application for certificate of authority 100.00

(t) Application for amended certificate of

authority.............................................. 50.00

(u) Application for certificate of withdrawal 25.00

(v) Certificate of revocation of authority to

transact business...................................... No Fee

(w) Status report........................... 50.00

(x) Articles of Corrections................. 50.00

(y) Application for certificate of existence or

authorization.......................................... 25.00

(z) Any other document required or permitted

to be filed by Sections 79-11-101 et seq............... 25.00

(2) Except as otherwise provided in subsection (4) of this section, the Secretary of State shall collect a fee of Twenty-five Dollars ($25.00) upon being served with process under Sections 79-11-101 et seq. The party to a proceeding causing service of process is entitled to recover the fee paid the Secretary of State as costs if the party prevails in the proceeding.

(3) Except as otherwise provided in subsection (4) of this section, the Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:

(a) One Dollar ($1.00) a page for copying; and

(b) Ten Dollars ($10.00) for the certificate.

(4) The Secretary of State may collect a filing fee greater than the fee set forth in subsections (1), (2) and (3) in an amount not to exceed twice the fee set forth in subsections (1), (2) and (3) of processing the filing, if the form prescribed by the Secretary of State for such filing has not been used.

(5) In addition to any other fees charged in this section, the Secretary of State shall charge the following fees:

(a) Articles of incorporation................. $25.00

(b) Corporation's statement of change

of registered agent or registered office or both......... 25.00

The fees collected under this subsection shall be deposited into the State General Fund.

SECTION 17. Section 79-11-504, Mississippi Code of 1972, is amended as follows:

79-11-504. (1) The Secretary of State shall have the authority to:

(a) Promulgate rules of procedure and regulations necessary for the administration of Sections 79-11-501 through 79-11-529, subject to the provisions of the Mississippi Administrative Procedures Law.

(b) Honor written requests from interested person for interpretative opinions regarding registration and exemptions from registration.

(c) Publish and disseminate information to the public concerning persons subject to Sections 79-11-501 through 79-11-529.

(d) Perform any other functions and duties which may be necessary to carry out the provisions of Sections 79-11-501 through 79-11-529.

(2) The Secretary of State shall charge the following fees under Sections 79-11-501 through 79-11-529:

(a) Registration of exempt organizations.... $ 50.00

(b) Registration of solicitors.............. $ 50.00

(d) Filing of solicitation campaign notices. $ 50.00

(e) Issuing opinion letters--charitable and

fundraising............................................ $100.00

The fees collected under this subsection shall be deposited into the State General Fund.

SECTION 18. Section 79-29-1203, Mississippi Code of 1972, is amended as follows:

79-29-1203. (1) The Secretary of State shall charge and collect a fee for:

(a) Filing of Reservation of Limited Liability Company Name, Twenty-Five Dollars ($25.00).

(b) Filing of Change of Address of Registered Agent, Twenty-Five Dollars ($25.00).

(d) Filing of Certificate of Formation, Fifty Dollars ($50.00).

(e) Filing of Amendment to Certificate of Formation, Fifty Dollars ($50.00).

(f) Filing of Certificate of Dissolution, Twenty-Five Dollars ($25.00).

(g) Filing of Certificate of Cancellation, Twenty-Five Dollars ($25.00).

(h) Filing of Restated Certificate of Formation or Amended and Restated Certificate of Formation, Twenty-Five Dollars ($25.00).

(i) Filing of Certificate of Withdrawal, Twenty-Five Dollars ($25.00).

(j) Filing of Application for Registration of Foreign Limited Liability Company, Two Hundred Fifty Dollars ($250.00).

(k) Filing of Certificate Correcting Application for Registration of Foreign Limited Liability Company, Fifty Dollars ($50.00).

(l) Filing of Certificate of Cancellation of Registration of Foreign Limited Liability Company, Twenty-Five Dollars ($25.00).

(m) Any other document required or permitted to be filed under this chapter, Twenty-Five Dollars ($25.00).

(2) In addition to any other fees charged under this section, the Secretary of State shall charge the following fees:

(a) For filing a certificate of formation..... $25.00

(b) For filing annual reports................. $75.00

The fees collected under this subsection shall be deposited into the State General Fund.

SECTION 19. This act shall take effect and be in force from and after July 1, 2006.