MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) DeBar, Branning
AN ACT TO LOWER THE AGE OF MAJORITY FROM 21 TO 18; TO AMEND SECTION 1-3-21, MISSISSIPPI CODE OF 1972, TO CONFORM THE DEFINITION OF INFANT; TO AMEND SECTION 1-3-27, MISSISSIPPI CODE OF 1972, TO CONFORM THE DEFINITION OF MINOR; TO AMEND SECTION 11-5-115, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO SALE OR CONVEYANCE OF A MINOR'S PROPERTY; TO AMEND SECTION 11-46-11, MISSISSIPPI CODE OF 1972, TO REVISE THE SAVINGS CLAUSE OF THE TORT CLAIMS ACT TO CONFORM; TO AMEND SECTIONS 13-5-1 AND 13-5-12, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF JURY SERVICE; TO AMEND SECTION 15-1-17, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATIONS APPLICABLE TO ACTIONS OR SUITS TO CANCEL TAX TITLES TO CONFORM; TO AMEND SECTION 15-1-27, MISSISSIPPI CODE OF 1972, TO CONFORM THE LIMITATIONS APPLICABLE TO AN ACTION BY A WARD AGAINST A GUARDIAN OR SURETY; TO AMEND SECTION 15-1-59, MISSISSIPPI CODE OF 1972, TO CONFORM THE SAVINGS IN FAVOR OF PERSONS UNDER DISABILITIES; TO AMEND SECTION 19-21-103, MISSISSIPPI CODE OF 1972, TO CONFORM THE QUALIFICATIONS FOR CORONER; TO AMEND SECTION 19-25-19, MISSISSIPPI CODE OF 1972, TO CONFORM THE QUALIFICATIONS FOR SHERIFF; TO AMEND SECTION 21-15-13, MISSISSIPPI CODE OF 1972, TO REVISE THE MILITIA POWER OF THE MAYOR TO CONFORM; TO AMEND SECTION 41-29-145, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF CONTROLLED SUBSTANCES PUNISHMENT TO CONFORM; TO AMEND SECTION 37-11-11, MISSISSIPPI CODE OF 1972, TO CONFORM THE FURNISHING OF INSTRUCTION AND TRAINING FOR HOSPITALIZED CHILDREN; TO AMEND SECTION 37-23-31, MISSISSIPPI CODE OF 1972, TO CONFORM THE ESTABLISHMENT OF EDUCATION PROGRAMS FOR DEAF, APHASIC AND EMOTIONALLY DISTURBED CHILDREN; TO AMEND SECTION 37-23-63, MISSISSIPPI CODE OF 1972, TO CONFORM THE ELIGIBILITY OF CHILDREN WHO RECEIVE STATE FINANCIAL ASSISTANCE; TO AMEND SECTION 37-23-91, MISSISSIPPI CODE OF 1972, TO CONFORM THE AGE OF ELIGIBILITY FOR EXCEPTIONAL CHILDREN OR HANDICAPPED CHILDREN FOR CERTAIN PROGRAMS; TO AMEND SECTION 37-45-1, MISSISSIPPI CODE OF 1972, TO REVISE THE OBLIGATION TO MAINTAIN AND ESTABLISH FREE PUBLIC SCHOOLS TO CONFORM; TO AMEND SECTION 37-103-7, MISSISSIPPI CODE OF 1972, TO REVISE THE DETERMINATION OF RESIDENCE OF SCHOOL CHILDREN TO CONFORM; TO AMEND SECTION 37-151-81, MISSISSIPPI CODE OF 1972, TO REVISE THE ALLOWANCE OF STATE FUNDS FOR SPECIAL EDUCATION, GIFTED EDUCATION AND UNIVERSITY-BASED PROGRAMS TO CONFORM; TO AMEND SECTION 41-7-173, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF PEDIATRIC SKILLED NURSING FACILITY TO CONFORM; TO AMEND SECTION 41-19-275, MISSISSIPPI CODE OF 1972, TO CONFORM THE AGE OF PERSONS SERVED BY THE CENTRAL MISSISSIPPI RESIDENTIAL CENTER; TO AMEND SECTION 43-19-33, MISSISSIPPI CODE OF 1972, TO CONFORM THE AGE OF MANDATORY SUPPORT IN AN ORDER OF FILIATION; TO AMEND SECTION 97-33-23, MISSISSIPPI CODE OF 1972, TO CONFORM THE PENALTY FOR GAMBLING WITH A KNOWN MINOR; TO AMEND SECTION 93-19-1, MISSISSIPPI CODE OF 1972, TO CONFORM THE AGE FOR REMOVAL OF DISABILITY AS TO REAL ESTATE; TO AMEND SECTION 93-19-9, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS AS TO THE TERMS OF A DECREE REMOVING THE DISABILITY OF MINORITY; TO AMEND SECTION 93-1-5, MISSISSIPPI CODE OF 1972, TO CONFORM THE AGE FOR ISSUANCE OF A MARRIAGE LICENSE; TO AMEND SECTION 93-9-9, MISSISSIPPI CODE OF 1972, TO CONFORM PROVISIONS AS TO AGE FOR THE TERMS OF A DECREE FOR REMOVAL OF THE DISABILITY OF A MINOR; TO AMEND SECTION 93-11-65, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF EMANCIPATION; TO AMEND SECTIONS 93-13-75 AND 93-13-77, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO THE GUARDIANSHIP OF MINORS; TO AMEND SECTION 93-17-5, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO THE AGE OF PARENTS IN AN ADOPTION; TO AMEND SECTION 91-5-3, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO AGE OF ISSUE CAPABLE OF INHERITING; TO AMEND SECTION 91-7-293, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO FINAL ACCOUNTING BY THE HEIRS OF AN ESTATE; TO AMEND SECTION 91-20-3, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO TRANSFERS TO MINORS; TO REPEAL SECTION 91-7-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE AGE OF 18 SHALL BE THE AGE OF MAJORITY OF AN EXECUTOR, EXECUTRIX, ADMINISTRATOR OR ADMINISTRATRIX AND THAT THE BOND EXECUTED BY SUCH PERSON FOR THE PERFORMANCE OF THE DUTIES SHALL BE AS VALID AND BINDING AS IF SUCH PERSON WERE OF FULL AGE; TO REPEAL SECTION 93-3-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REMOVAL OF THE DISABILITIES OF MINORITY OF CERTAIN MARRIED PERSONS WITH RESPECT TO HOMESTEAD TRANSACTIONS; TO REPEAL SECTION 93-19-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT ALL PERSONS 18 YEARS OF AGE OR OLDER, IF NOT OTHERWISE DISQUALIFIED, SHALL HAVE THE CAPACITY TO ENTER INTO BINDING CONTRACTUAL RELATIONSHIPS AFFECTING PERSONAL PROPERTY AND THAT AN EIGHTEEN-YEAR-OLD MAY SUE AND BE SUED IN HIS OWN NAME AS AN ADULT AND BE SERVED WITH PROCESS AS AN ADULT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 1-3-21, Mississippi Code of 1972, is amended as follows:
1-3-21. The term
"infant," when used in any statute, shall include any person, male or
female, under * * *
eighteen (18) years of age.
SECTION 2. Section 1-3-27, Mississippi Code of 1972, is amended as follows:
1-3-27. The term
"minor," when used in any statute, shall include any person, male or
female, under * * *
eighteen (18) years of age.
SECTION 3. Section 11-5-115, Mississippi Code of 1972, is amended as follows:
11-5-115. When a decree
shall be made for the sale or conveyance of the real estate of an infant, such
decree shall be binding on the infant unless he shall, within one (1)
year after attaining the age of * * * eighteen (18) years,
show to the court good cause to the contrary; and it shall not be necessary to
insert the saving in the decree, but the saving shall not extend to decrees for
the sale of the property of deceased persons, authorizing sales by guardians,
or enforcing deeds of trust or mortgages.
SECTION 4. Section 11-46-11, Mississippi Code of 1972, is amended as follows:
11-46-11. (1) After all procedures within a governmental entity have been exhausted, any person having a claim under this chapter shall proceed as he might in any action at law or in equity, except that at least ninety (90) days before instituting suit, the person must file a notice of claim with the chief executive officer of the governmental entity.
(2) (a) Service of notice of claim shall be made as follows:
(i) For local governments:
1. If the governmental entity is a county, then upon the chancery clerk of the county sued;
2. If the governmental entity is a municipality, then upon the city clerk.
(ii) If the governmental entity to be sued is a state entity as defined in Section 11-46-1(j), or is a political subdivision other than a county or municipality, service of notice of claim shall be had only upon that entity's or political subdivision's chief executive officer. The chief executive officer of a governmental entity participating in a plan administered by the board pursuant to Section 11-46-7(3) shall notify the board of any claims filed within five (5) days after receipt thereof.
(b) Every notice of claim shall:
(i) Be in writing;
(ii) Be delivered in person or by registered or certified United States mail; and
(iii) Contain a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought, and the residence of the person making the claim at the time of the injury and at the time of filing the notice.
(3) (a) All actions brought under this chapter shall be commenced within one (1) year next after the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based, and not after, except that filing a notice of claim within the required one-year period will toll the statute of limitations for ninety-five (95) days from the date the chief executive officer of the state entity or the chief executive officer or other statutorily designated official of a political subdivision receives the notice of claim.
(b) No action whatsoever may be maintained by the claimant until the claimant receives a notice of denial of claim or the tolling period expires, whichever comes first, after which the claimant has an additional ninety (90) days to file suit; failure to file within the time allowed is an absolute bar to any further proceedings under this chapter.
(c) All notices of denial of claim shall be served by governmental entities upon claimants by certified mail, return receipt requested, only.
(d) (i) To determine the running of limitations periods under this chapter, service of any notice of claim or notice of denial of claim is effective upon delivery by the methods statutorily designated in this chapter.
(ii) The limitations period provided in this section controls and shall be exclusive in all actions subject to and brought under the provisions of this chapter, notwithstanding the nature of the claim, the label or other characterization the claimant may use to describe it, or the provisions of any other statute of limitations that would otherwise govern the type of claim or legal theory if it were not subject to or brought under the provisions of this chapter.
(4) * * * If any person
entitled to bring any action under this chapter shall, at the time at which the
cause of action accrued, be under the disability of infancy or unsoundness of
mind, he may bring the action within the time allowed in this section after his
disability shall be removed as provided by law. The savings in favor of
persons under disability of unsoundness of mind shall never extend longer than * * * eighteen (18) years.
SECTION 5. Section 13-5-1, Mississippi Code of 1972, is amended as follows:
13-5-1. Every citizen not
under the age of * * *
eighteen (18) years, who is either a qualified elector, or a resident
freeholder of the county for more than one (1) year, is able to read and write,
and has not been convicted of an infamous crime, or the unlawful sale of
intoxicating liquors within a period of five (5) years and who is not a common
gambler or habitual drunkard, is a competent juror. No person who is or has
been within twelve (12) months the overseer of a public road or road contractor
shall, however, be competent to serve as a grand juror. The lack of any such
qualifications on the part of one or more jurors shall not, however, vitiate an
indictment or verdict. Moreover, no talesman or tales juror shall be qualified
who has served as such talesman or tales juror in the last preceding two (2)
years, and no juror shall serve on any jury who has served as such for the last
preceding two (2) years. No juror shall serve who has a case of his own
pending in that court, provided there are sufficient qualified jurors in the
district, and for trial at that term.
In order to determine that prospective jurors can read and write, the presiding judge shall, with the assistance of the clerk, distribute to the jury panel a form to be completed personally by each juror prior to being empaneled as follows:
"1. Your name ________ last ________ first ________ middle initial.
2. Your home address ________.
3. Your occupation ________.
4. Your age ________.
5. Your telephone number ________. If none, write none.
6. If you live outside the county seat, the number of miles you live from the courthouse ________ miles.
______________________
Sign your name"
The judge shall personally examine the answers of each juror prior to empaneling the jury and each juror who cannot complete the above form shall be disqualified as a juror and discharged.
A list of any jurors disqualified for jury duty by reason of inability to complete the form shall be kept by the circuit clerk and their names shall not be placed in the jury box thereafter until such person can qualify as above provided.
SECTION 6. Section 13-5-12, Mississippi Code of 1972, is amended as follows:
13-5-12. Unless all the
names on the master list are to be placed in the jury wheel pursuant to Section
13-5-10, the names or identifying numbers of prospective jurors to be placed in
the jury wheel shall be selected by the jury commission at random from the
master list in the following manner: The total number of names on the master
list shall be divided by the number of names to be placed in the jury wheel;
the whole number nearest the quotient shall be the "key number,"
except that the key number shall never be less than two (2). A "starting
number" for making the selection shall then be determined by a random
method from the number from one (1) to the key number, both inclusive. The
required number of names shall then be selected from the master list by taking
in order the first name on the master list corresponding to the starting number
and then successively the names appearing in the master list at intervals equal
to the key number, recommencing if necessary at the start of the list until the
required number of names has been selected. The name of any person who is
under the age of * * *
eighteen (18) years and the name of any person who has been permanently
excused from jury service pursuant to Section 13-5-23(4) shall be passed over
without interrupting the sequence of selection. Any person who has been
excluded from the master list for jury service may be reinstated to the master
list after one (1) year by requesting that the circuit clerk reinstate him to
the master list. Upon recommencing at the start of the list, names previously
selected from the master list shall be disregarded in selecting the additional
names. The jury commission may use an electronic or mechanical system or
device in carrying out its duties.
SECTION 7. Section 15-1-17, Mississippi Code of 1972, is amended as follows:
15-1-17. The owner, mortgagee or other person interested in any land which has been sold or forfeited to the state for delinquent taxes may bring a suit or action to cancel the title of the state, or its patentees, or to recover said land from the state, or its patentees, on account of any defect, irregularity or illegality in the assessment, levy or sale of such land for delinquent taxes within two (2) years after the period of redemption shall have expired, and not thereafter. However, the limitations herein fixed shall not apply when the taxes on such land had been paid prior to the time it was sold for taxes.
If any person entitled to
bring any such suit or action shall, at the time at which the cause of action
accrues, be under the disability of infancy, or unsoundness of mind, he may
bring the suit or action within the time in this section respectively limited
after his disability shall be removed but the saving of persons under
disability shall never extend longer than * * * eighteen (18) years.
The completion of the limitation herein prescribed to bar any action shall defeat and extinguish all the right, title and interest, including the right of possession in and to such land, of any and all persons whatsoever, except the State of Mississippi and its patentees, and it shall vest in the state, and its patentees, a fee simple title to such lands.
SECTION 8. Section 15-1-27, Mississippi Code of 1972, is amended as follows:
15-1-27. All actions
against a guardian and the sureties on his bond, or either of them, by the
ward, shall be commenced within five (5) years next after the ward shall
have arrived at the age of * * * eighteen (18) years,
and not after.
SECTION 9. Section 15-1-59, Mississippi Code of 1972, is amended as follows:
15-1-59. If any person
entitled to bring any of the personal actions mentioned shall, at the time at
which the cause of action accrued, be under the disability of infancy or
unsoundness of mind, he may bring the actions within the times in this chapter
respectively limited, after his disability shall be removed as provided by
law. However, the saving in favor of persons under disability of unsoundness
of mind shall never extend longer than * * * eighteen (18) years.
SECTION 10. Section 19-21-103, Mississippi Code of 1972, is amended as follows:
19-21-103. (1) * * *
Each candidate for the elected office of coroner shall, as a minimum, possess a
high school graduation diploma or its equivalent, be * * * eighteen (18) years of
age or older, and be a qualified elector of the county in which elected.
(2) The minimum education requirements of subsection (1) of this section and subsection (1) of Section 41-61-57 shall not apply to any coroner holding office on July 1, 1986, who is reelected in the 1987 general election and thereafter, as long as such coroner maintains continuous active service as county medical examiner or county medical examiner investigator. However, all other portions of subsection (1) of Section 41-61-57 shall apply to such coroners.
SECTION 11. Section 19-25-19, Mississippi Code of 1972, is amended as follows:
19-25-19. Every sheriff
shall have power to appoint one or more deputies to assist him in carrying out
the duties of his office, every such appointment to be in writing, to remove
them at pleasure, and to fix their compensation, subject to the budget for the
sheriff's office approved by the county board of supervisors. Such deputies
shall have authority to do all the acts and duties enjoined upon their
principals. Every deputy sheriff, except such as may be appointed to do a
particular act only, before he enters on the duties of office, shall take and
subscribe an oath faithfully to execute the office of deputy sheriff, according
to the best of his skill and judgment. The appointment, with the certificate
of the oath, shall be filed and preserved in the office of the clerk of the
board of supervisors. All sheriffs shall be liable for the acts of their
deputies, and for money collected by them. The circuit court, after a notice
and a hearing, shall have power to remove such deputies and also bailiffs, upon
a showing that the public interest will be served thereby. Each deputy sheriff
shall be at least * * *
eighteen (18) years of age, a qualified elector of the State of
Mississippi, and shall not have been convicted of a felony. Prior to
appointing any person a deputy sheriff, the sheriff shall determine that the
proposed appointee is of good moral character and is capable of fairly and
impartially enforcing the law of the State of Mississippi.
SECTION 12. Section 21-15-13, Mississippi Code of 1972, is amended as follows:
21-15-13. The mayor is
authorized to call on every male inhabitant of the municipality over * * * eighteen (18) years of
age and under sixty (60) years to aid in enforcing the laws.
SECTION 13. Section 41-29-145, Mississippi Code of 1972, is amended as follows:
41-29-145. Any person * * * eighteen (18) years of
age or over who violates subsections (a) and (b) of Section 41-29-139 with
reference to a controlled substance listed in Schedules I, II, III, IV and V as
set out in Sections 41-29-113 through 41-29-121, inclusive, to a person under * * * eighteen (18)
years of age may be punished by the fine authorized by Section 41-29-139, or by
a term of imprisonment or confinement up to twice that authorized by said
Section 41-29-139, or both, or he may be punished as provided in Section 41-29-142.
SECTION 14. Section 37-11-11, Mississippi Code of 1972, is amended as follows:
37-11-11. (1) For the purposes of this section, the term "hospital" shall include community-based programs and facilities licensed or approved by the Department of Mental Health for treatment of chemical substance use and abuse.
(2) When five (5) or more
children of educable mind between the ages of six (6) and * * * eighteen (18) years who
are capable of pursuing courses of instruction at secondary school level or
below shall be confined in a hospital for an extended period of time, such
children shall be eligible for and shall be provided with a program of
education, instruction and training within such hospital in the manner
hereinafter set forth, provided that the need for hospitalization for an
extended period of time shall be certified by the chief of staff of such hospital
and that the ability of such children to do school work shall be certified by
qualified psychologists and/or educators approved by the State Board of
Education.
(3) When five (5) or more children as set forth herein shall be confined in the same hospital, then the board of trustees of the school district in which such hospital is located shall be authorized and empowered, in its discretion, to provide a program of education, instruction and training to such children within such hospital. For such purpose the board shall be authorized and empowered to employ and contract with teachers, provide textbooks and other instructional materials, correspondence courses and instructional equipment and appliances, and otherwise provide for the furnishing of such program and to administer and supervise the same. Such program shall be furnished in a manner as prescribed by rules and regulations adopted by the State Board of Education. The state board shall have full power to adopt such rules, regulations, policies and standards as it may deem necessary to carry out the purpose of this section, including the establishment of qualifications of any teachers employed under the provisions hereof. It is expressly provided, however, that no program shall be furnished under this section except in a hospital licensed for operation by the State of Mississippi and only in cases where such hospital shall consent thereto, shall provide any classroom space, furniture and facilities which may be deemed necessary, and otherwise shall cooperate in carrying out the provisions of this section. Before such program of education, instruction and training shall be provided, the governing authorities of said hospital shall enter into a contract with the board of trustees of the school district which stipulates that said hospital agrees to furnish the necessary classroom space, furniture and facilities and provide for their upkeep, fuel and such other things as may be necessary for the successful operation of the program of education, instruction and training.
(4) In cases when children who are residents of school districts other than the school district providing such education program may participate in the program prescribed in this section. The boards of trustees of the districts of which such children are residents shall pay to the board of trustees of the school district furnishing such school program the pro rata part of the expenses of furnishing such school program within such hospital, which payments may be made from any funds available for the operation and maintenance of the schools of the district in which such child is a resident. The amount so paid shall be based upon, but shall not exceed, the current per pupil cost of education in the school district of the child's residence, and the amount to be so paid by the school district of the child's residence shall be fixed by the State Board of Education. If the amount to be paid which has been so fixed shall not be paid upon due demand made by the school district providing a program therefor, then the State Board of Education shall deduct any such amounts from the next allocation of minimum education program school funds attributable to any such district and shall remit the same to the board of trustees of such school district which is furnishing such school program. If the amounts so paid by such school districts of the child's residence shall not be sufficient to pay the expenses of furnishing such program, then the remainder of such expenses over and above that so paid by such school districts shall be paid by the State Board of Education to the school district providing such school program out of any funds available to the State Board of Education, including minimum education program school funds. However, such payments shall not exceed Three Hundred Dollars ($300.00) per child in average daily attendance in such program. Provided, however, the State Board of Education shall in its discretion be authorized and empowered to exceed the said Three Hundred Dollars ($300.00) per pupil limitation where such limitation would make it impractical to operate such a program.
SECTION 15. Section 37-23-31, Mississippi Code of 1972, is amended as follows:
37-23-31. (1) When five
(5) or more children under * * * eighteen (18) years of
age who because of deafness, aphasia, emotional disturbance and/or other low-incidence
conditions, are unable to have their educational needs met in a regular public
school program, and a special education program in their particular areas of
exceptionality is not available in their respective local public school
districts, a state-supported university or college shall be authorized and
empowered, in its discretion, to provide a program of education, instruction
and training to such children, provided that such program shall operate under
rules, regulations, policies and standards adopted by the State Department of
Education as provided for in Section 37-23-33. The opinion of a parent or
guardian in regard to the provision of an appropriate special education program
in or by their respective local public school district shall be considered
before a placement decision is finalized. Parents shall have any and all
rights as provided in the Individuals with Disabilities Education Act,
including, but not limited to, the right to equal participation in their
child's Individualized Education Program (IEP), the right to require review of
their child's IEP, and the right to appeal an IEP Committee decision
immediately. The parent or guardian or local educational agency shall have the
right to audio record the proceedings of individualized education program team
meetings. The parent or guardian or local educational agency shall notify the
members of the individualized education program team of his, her, or its intent
to audio record a meeting at least twenty-four (24) hours prior to the meeting.
(2) Any state-supported university or college conducting a full-time medical teaching program acceptable to the State Board of Education may, at its discretion, enter into such contracts or agreements with any private school or nonprofit corporation-supported institution, the Mississippi School for the Deaf, or any state-supported institution, providing the special education contemplated by this section for such services, provided the private school or institution offering such services shall have conducted a program of such services at standards acceptable to the State Department of Education for a period of at least one (1) year prior to the date at which the university or college proposes to enter into an agreement or contract for special educational services as described above.
SECTION 16. Section 37-23-63, Mississippi Code of 1972, is amended as follows:
37-23-63. Every child who
is a resident citizen of the State of Mississippi under * * * eighteen (18) years of
age, who cannot pursue all regular class work due to reasons of defective
hearing, vision, speech, intellectual disability or other mental or physical
conditions as determined by competent medical authorities and psychologists,
who has not finished or graduated from high school, and who is in attendance in
a private school, parochial school or speech, hearing and/or language clinic
that is accredited by a state or regional accrediting agency or
approved/licensed by the State Department of Education, shall be eligible and
entitled to receive state financial assistance in the amount set forth in
Section 37-23-69. Exceptional children as defined in Section 37-23-3(1) and
who are certified by the designated state authority as requiring inpatient care
in a private intermediate care facility for the mentally retarded or
psychiatric residential treatment facility, with Medicaid reimbursement, shall
be eligible and entitled to receive state and federal financial assistance
under the provisions of Section 37-23-69, as allowable and available, if an
approved private school is operated as an integral part of the facility that
provides twenty-four (24) hours a day monitoring, treatment and education.
SECTION 17. Section 37-23-91, Mississippi Code of 1972, is amended as follows:
37-23-91. The board of
education in any Class 1 county of the state having a total population of more
than one hundred thousand (100,000) according to the 1960 census and having a
total assessed valuation in excess of Sixty Million Dollars ($60,000,000.00),
bordering on the Gulf of Mexico and in which there is a federal military base,
under the methods set out in Sections 37-23-91 through 37-23-111, may establish
a child development center for children in the county who have an intellectual
or physical disability or are otherwise unable to attend public school,
including, but not limited to, any child of educable or trainable mind under * * * eighteen (18) years of
age for whose particular educational needs institutional care and training are
not available in such county, or who cannot pursue regular classwork due to
reason or reasons of defective hearing, vision, speech, intellectual disability
or physical conditions, as determined by competent medical authorities and
psychologists who are approved by the State Board of Education. This
specifically includes, but shall not be limited to, provision for the deaf and
blind of an age under six (6) years, where early training is in accordance with
the most advanced and best approved scientific methods of instruction, always
taking into consideration the best interests of the child and his improvement
at a time during which he is most susceptible to improvement.
SECTION 18. Section 37-45-1, Mississippi Code of 1972, is amended as follows:
37-45-1. The Legislature
hereby recognizes that in order to exercise the constitutional power, set forth
in Section 201 of Article 8, that the Legislature may, in its discretion,
"provide for the maintenance and establishment of free public schools for
all children between the ages of six (6) and * * * eighteen (18)
years, by taxation or otherwise," equality of educational opportunity with
respect to instructional personnel, school buildings and facilities,
transportation facilities, curriculum and all other school facilities should be
provided for all such children, that the burden of providing such equality of
educational opportunity can no longer be borne entirely by the local taxing
units, and, therefore, that a program of state aid therefor should be
instituted. The Legislature, therefore, declares and determines that the
maintenance of the uniform system of free public schools to * * *
ensure and provide
substantial equality of educational opportunity is the joint responsibility of
the State of Mississippi and the local taxing units thereof.
SECTION 19. Section 37-103-7, Mississippi Code of 1972, is amended as follows:
37-103-7. For purposes of
determining whether a person pays out-of-state or in-state tuition for
attendance at universities and community and junior colleges, the
residence of a person less than * * * eighteen (18) years of
age is that of the father, the mother or a general guardian duly appointed by a
proper court in Mississippi. If a court has granted custody of the minor to
one (1) parent, the residence of the minor is that of the parent who was
granted custody by the court. If both parents are dead, the residence of the
minor is that of the last surviving parent at the time of that parent's death,
unless the minor lives with a general guardian duly appointed by a proper court
of Mississippi, in which case his residence becomes that of the guardian. A
student residing within the State of Mississippi who, upon registration at a
Mississippi institution of higher learning or community college, presents a
transcript demonstrating graduation from a Mississippi secondary school and who
has been a secondary school student in Mississippi for not less than the final
four (4) years of secondary school attendance shall not be required to pay out-of-state
tuition. This section shall not apply to the residence of a person as it
relates to residency for voter registration or voting.
SECTION 20. Section 37-151-81, Mississippi Code of 1972, is amended as follows:
37-151-81. (1) In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each teacher employed in a State Department of Education approved program for exceptional children as defined in Section 37-23-3, Mississippi Code of 1972, the value of one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, Mississippi Code of 1972, based on the type of certificate and number of years' teaching experience held by each approved special education teacher plus one hundred percent (100%) of the applicable employer's rate for social security and state retirement, except that only seventy percent (70%) of the value will be added for the program for three- and four-year-old exceptional children.
(2) In addition to the
allowances provided above, for each handicapped child who is being educated by
a public school district or is placed in accord with Section 37-23-77,
Mississippi Code of 1972, and whose individualized educational program (IEP)
requires an extended school year in accord with the State Department of
Education criteria, a sufficient amount of funds shall be allocated for the purpose
of providing the educational services the student requires. The State Board of
Education shall promulgate such regulations as are required to * * * ensure the equitable
distribution of these funds. All costs for the extended school year for a
particular summer shall be reimbursed from funds appropriated for the fiscal
year beginning July 1 of that summer. If sufficient funds are not made
available to finance all of the required educational services, the State
Department of Education shall expend available funds in such a manner that it
does not limit the availability of appropriate education to handicapped
students more severely than it does to nonhandicapped students.
(3) The State Department of Education is hereby authorized to match adequate education program and other funds allocated for provision of services to handicapped children with Division of Medicaid funds to provide language-speech services, physical therapy and occupational therapy to handicapped students who meet State Department of Education or Division of Medicaid standards and who are Medicaid eligible. Provided further, that the State Department of Education is authorized to pay such funds as may be required as a match directly to the Division of Medicaid pursuant to an agreement to be developed between the State Department of Education and the Division of Medicaid.
(4) In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each teacher employed in a State Department of Education approved program for gifted education as defined in Sections 37-23-173 through 37-23-181, Mississippi Code of 1972, the value of one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, Mississippi Code of 1972, based on the type of certificate and number of years' teaching experience held by each approved gifted education teacher plus one hundred percent (100%) of the applicable employer's rate for social security and state retirement.
(5) When any children who are residents of the State of Mississippi and qualify under the provisions of Section 37-23-31, Mississippi Code of 1972, shall be provided a program of education, instruction and training within a school under the provisions of said section, the State Department of Education shall allocate the value of one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, Mississippi Code of 1972, for each approved program based on the type of certificate and number of years' teaching experience held by each approved teacher plus one hundred percent (100%) of the applicable employer's rate for social security and state retirement. The university or college shall be eligible for state and federal funds for such programs on the same basis as local school districts. The university or college shall be responsible for providing for the additional costs of the program.
(6) In addition to the
allotments provided above, a school district may provide a program of education
and instruction to children ages five (5) years through * * * eighteen (18) years,
who are resident citizens of the State of Mississippi, who cannot have their
educational needs met in a regular public school program and who have not
finished or graduated from high school, if those children are determined by
competent medical authorities and psychologists to need placement in a state
licensed facility for inpatient treatment, day treatment or residential
treatment or a therapeutic group home. Such program shall operate under rules,
regulations, policies and standards of school districts as determined by the
State Board of Education. If a private school approved by the State Board of
Education is operated as an integral part of the state licensed facility that
provides for the treatment of such children, the private school within the
facility may provide a program of education, instruction and training to such
children by requesting the State Department of Education to allocate one (1)
teacher unit or a portion of a teacher unit for each approved class. The
facility shall be responsible for providing any additional costs of the
program.
Such funds will be allotted based on the type of certificate and number of years' teaching experience held by each approved teacher. Such children shall not be counted in average daily attendance when determining regular teacher unit allocation.
SECTION 21. Section 41-7-173, Mississippi Code of 1972, is amended as follows:
41-7-173. For the purposes of Section 41-7-171 et seq., the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a) "Affected person" means (i) the applicant; (ii) a person residing within the geographic area to be served by the applicant's proposal; (iii) a person who regularly uses health care facilities or HMOs located in the geographic area of the proposal which provide similar service to that which is proposed; (iv) health care facilities and HMOs which have, prior to receipt of the application under review, formally indicated an intention to provide service similar to that of the proposal being considered at a future date; (v) third-party payers who reimburse health care facilities located in the geographical area of the proposal; or (vi) any agency that establishes rates for health care services or HMOs located in the geographic area of the proposal.
(b) "Certificate of need" means a written order of the State Department of Health setting forth the affirmative finding that a proposal in prescribed application form, sufficiently satisfies the plans, standards and criteria prescribed for such service or other project by Section 41-7-171 et seq., and by rules and regulations promulgated thereunder by the State Department of Health.
(c) (i) "Capital expenditure," when pertaining to defined major medical equipment, shall mean an expenditure which, under generally accepted accounting principles consistently applied, is not properly chargeable as an expense of operation and maintenance and which exceeds One Million Five Hundred Thousand Dollars ($1,500,000.00).
(ii) "Capital
expenditure," when pertaining to other than major medical equipment, shall
mean any expenditure which under generally accepted accounting principles
consistently applied is not properly chargeable as an expense of operation and
maintenance and which exceeds, for clinical health services, as defined in * * * paragraph (k) below, Five
Million Dollars ($5,000,000.00), adjusted for inflation as published by the
State Department of Health or which exceeds, for nonclinical health services,
as defined in * * * paragraph (k) below, Ten Million Dollars
($10,000,000.00), adjusted for inflation as published by the State Department
of Health.
(iii) A "capital expenditure" shall include the acquisition, whether by lease, sufferance, gift, devise, legacy, settlement of a trust or other means, of any facility or part thereof, or equipment for a facility, the expenditure for which would have been considered a capital expenditure if acquired by purchase. Transactions which are separated in time but are planned to be undertaken within twelve (12) months of each other and are components of an overall plan for meeting patient care objectives shall, for purposes of this definition, be viewed in their entirety without regard to their timing.
(iv) In those instances where a health care facility or other provider of health services proposes to provide a service in which the capital expenditure for major medical equipment or other than major medical equipment or a combination of the two (2) may have been split between separate parties, the total capital expenditure required to provide the proposed service shall be considered in determining the necessity of certificate of need review and in determining the appropriate certificate of need review fee to be paid. The capital expenditure associated with facilities and equipment to provide services in Mississippi shall be considered regardless of where the capital expenditure was made, in state or out of state, and regardless of the domicile of the party making the capital expenditure, in state or out of state.
(d) "Change of ownership" includes, but is not limited to, inter vivos gifts, purchases, transfers, lease arrangements, cash and/or stock transactions or other comparable arrangements whenever any person or entity acquires or controls a majority interest of an existing health care facility, and/or the change of ownership of major medical equipment, a health service, or an institutional health service. Changes of ownership from partnerships, single proprietorships or corporations to another form of ownership are specifically included. However, "change of ownership" shall not include any inherited interest acquired as a result of a testamentary instrument or under the laws of descent and distribution of the State of Mississippi.
(e) "Commencement of construction" means that all of the following have been completed with respect to a proposal or project proposing construction, renovating, remodeling or alteration:
(i) A legally binding written contract has been consummated by the proponent and a lawfully licensed contractor to construct and/or complete the intent of the proposal within a specified period of time in accordance with final architectural plans which have been approved by the licensing authority of the State Department of Health;
(ii) Any and all permits and/or approvals deemed lawfully necessary by all authorities with responsibility for such have been secured; and
(iii) Actual bona fide undertaking of the subject proposal has commenced, and a progress payment of at least one percent (1%) of the total cost price of the contract has been paid to the contractor by the proponent, and the requirements of this paragraph (e) have been certified to in writing by the State Department of Health.
Force account expenditures, such as deposits, securities, bonds, et cetera, may, in the discretion of the State Department of Health, be excluded from any or all of the provisions of defined commencement of construction.
(f) "Consumer" means an individual who is not a provider of health care as defined in paragraph (q) of this section.
(g) "Develop," when used in connection with health services, means to undertake those activities which, on their completion, will result in the offering of a new institutional health service or the incurring of a financial obligation as defined under applicable state law in relation to the offering of such services.
(h) "Health care facility" includes hospitals, psychiatric hospitals, chemical dependency hospitals, skilled nursing facilities, end-stage renal disease (ESRD) facilities, including freestanding hemodialysis units, intermediate care facilities, ambulatory surgical facilities, intermediate care facilities for the mentally retarded, home health agencies, psychiatric residential treatment facilities, pediatric skilled nursing facilities, long-term care hospitals, comprehensive medical rehabilitation facilities, including facilities owned or operated by the state or a political subdivision or instrumentality of the state, but does not include Christian Science sanatoriums operated or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts. This definition shall not apply to facilities for the private practice, either independently or by incorporated medical groups, of physicians, dentists or health care professionals except where such facilities are an integral part of an institutional health service. The various health care facilities listed in this paragraph shall be defined as follows:
(i) "Hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons, or rehabilitation services for the rehabilitation of injured, disabled or sick persons. Such term does not include psychiatric hospitals.
(ii) "Psychiatric hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, psychiatric services for the diagnosis and treatment of persons with mental illness.
(iii) "Chemical dependency hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, medical and related services for the diagnosis and treatment of chemical dependency such as alcohol and drug abuse.
(iv) "Skilled nursing facility" means an institution or a distinct part of an institution which is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
(v) "End-stage renal disease (ESRD) facilities" means kidney disease treatment centers, which includes freestanding hemodialysis units and limited care facilities. The term "limited care facility" generally refers to an off-hospital-premises facility, regardless of whether it is provider or nonprovider operated, which is engaged primarily in furnishing maintenance hemodialysis services to stabilized patients.
(vi) "Intermediate care facility" means an institution which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide, but who, because of their mental or physical condition, require health-related care and services (above the level of room and board).
(vii) "Ambulatory surgical facility" means a facility primarily organized or established for the purpose of performing surgery for outpatients and is a separate identifiable legal entity from any other health care facility. Such term does not include the offices of private physicians or dentists, whether for individual or group practice, and does not include any abortion facility as defined in Section 41-75-1(f).
(viii) "Intermediate care facility for the mentally retarded" means an intermediate care facility that provides health or rehabilitative services in a planned program of activities to persons with an intellectual disability, also including, but not limited to, cerebral palsy and other conditions covered by the Federal Developmentally Disabled Assistance and Bill of Rights Act, Public Law 94-103.
(ix) "Home health agency" means a public or privately owned agency or organization, or a subdivision of such an agency or organization, properly authorized to conduct business in Mississippi, which is primarily engaged in providing to individuals at the written direction of a licensed physician, in the individual's place of residence, skilled nursing services provided by or under the supervision of a registered nurse licensed to practice in Mississippi, and one or more of the following services or items:
1. Physical, occupational or speech therapy;
2. Medical social services;
3. Part-time or intermittent services of a home health aide;
4. Other services as approved by the licensing agency for home health agencies;
5. Medical supplies, other than drugs and biologicals, and the use of medical appliances; or
6. Medical services provided by an intern or resident-in-training at a hospital under a teaching program of such hospital.
Further, all skilled nursing services and those services listed in items 1 through 4 of this subparagraph (ix) must be provided directly by the licensed home health agency. For purposes of this subparagraph, "directly" means either through an agency employee or by an arrangement with another individual not defined as a health care facility.
This subparagraph (ix) shall not apply to health care facilities which had contracts for the above services with a home health agency on January 1, 1990.
(x) "Psychiatric residential treatment facility" means any nonhospital establishment with permanent licensed facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, duly licensed mental health professionals, psychiatrists, psychologists, psychotherapists and licensed certified social workers, for emotionally disturbed children and adolescents referred to such facility by a court, local school district or by the Department of Human Services, who are not in an acute phase of illness requiring the services of a psychiatric hospital, and are in need of such restorative treatment services. For purposes of this subparagraph, the term "emotionally disturbed" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance:
1. An inability to learn which cannot be explained by intellectual, sensory or health factors;
2. An inability to build or maintain satisfactory relationships with peers and teachers;
3. Inappropriate types of behavior or feelings under normal circumstances;
4. A general pervasive mood of unhappiness or depression; or
5. A tendency to develop physical symptoms or fears associated with personal or school problems. An establishment furnishing primarily domiciliary care is not within this definition.
(xi)
"Pediatric skilled nursing facility" means an institution or a
distinct part of an institution that is primarily engaged in providing to
inpatients skilled nursing care and related services for persons under * * * eighteen (18) years of
age who require medical or nursing care or rehabilitation services for the
rehabilitation of injured, disabled or sick persons.
(xii) "Long-term care hospital" means a freestanding, Medicare-certified hospital that has an average length of inpatient stay greater than twenty-five (25) days, which is primarily engaged in providing chronic or long-term medical care to patients who do not require more than three (3) hours of rehabilitation or comprehensive rehabilitation per day, and has a transfer agreement with an acute care medical center and a comprehensive medical rehabilitation facility. Long-term care hospitals shall not use rehabilitation, comprehensive medical rehabilitation, medical rehabilitation, sub-acute rehabilitation, nursing home, skilled nursing facility or sub-acute care facility in association with its name.
(xiii) "Comprehensive medical rehabilitation facility" means a hospital or hospital unit that is licensed and/or certified as a comprehensive medical rehabilitation facility which provides specialized programs that are accredited by the Commission on Accreditation of Rehabilitation Facilities and supervised by a physician board certified or board eligible in physiatry or other doctor of medicine or osteopathy with at least two (2) years of training in the medical direction of a comprehensive rehabilitation program that:
1. Includes evaluation and treatment of individuals with physical disabilities;
2. Emphasizes education and training of individuals with disabilities;
3. Incorporates at least the following core disciplines:
* * *a. Physical Therapy;
* * *b. Occupational Therapy;
* * *c. Speech and Language Therapy;
* * *d. Rehabilitation Nursing; and
4. Incorporates at least three (3) of the following disciplines:
* * *a. Psychology;
* * *b. Audiology;
* * *c. Respiratory Therapy;
* * *d. Therapeutic Recreation;
* * *e. Orthotics;
* * *f. Prosthetics;
* * *g. Special Education;
* * *h. Vocational Rehabilitation;
* * *i. Psychotherapy;
* * *j. Social Work;
* * *k. Rehabilitation Engineering.
These specialized programs include, but are not limited to: spinal cord injury programs, head injury programs and infant and early childhood development programs.
(i) "Health maintenance organization" or "HMO" means a public or private organization organized under the laws of this state or the federal government which:
(i) Provides or otherwise makes available to enrolled participants health care services, including substantially the following basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services, and out-of-area coverage;
(ii) Is compensated (except for copayments) for the provision of the basic health care services listed in subparagraph (i) of this paragraph to enrolled participants on a predetermined basis; and
(iii) Provides physician services primarily:
1. Directly through physicians who are either employees or partners of such organization; or
2. Through arrangements with individual physicians or one or more groups of physicians (organized on a group practice or individual practice basis).
(j) "Health service area" means a geographic area of the state designated in the State Health Plan as the area to be used in planning for specified health facilities and services and to be used when considering certificate of need applications to provide health facilities and services.
(k) "Health services" means clinically related (i.e., diagnostic, treatment or rehabilitative) services and includes alcohol, drug abuse, mental health and home health care services. "Clinical health services" shall only include those activities which contemplate any change in the existing bed complement of any health care facility through the addition or conversion of any beds, under Section 41-7-191(1)(c) or propose to offer any health services if those services have not been provided on a regular basis by the proposed provider of such services within the period of twelve (12) months prior to the time such services would be offered, under Section 41-7-191(1)(d). "Nonclinical health services" shall be all other services which do not involve any change in the existing bed complement or offering health services as described above.
(l) "Institutional health services" shall mean health services provided in or through health care facilities and shall include the entities in or through which such services are provided.
(m) "Major medical equipment" means medical equipment designed for providing medical or any health-related service which costs in excess of One Million Five Hundred Thousand Dollars ($1,500,000.00). However, this definition shall not be applicable to clinical laboratories if they are determined by the State Department of Health to be independent of any physician's office, hospital or other health care facility or otherwise not so defined by federal or state law, or rules and regulations promulgated thereunder.
(n) "State Department of Health" or "department" shall mean the state agency created under Section 41-3-15, which shall be considered to be the State Health Planning and Development Agency, as defined in paragraph (u) of this section.
(o) "Offer," when used in connection with health services, means that it has been determined by the State Department of Health that the health care facility is capable of providing specified health services.
(p) "Person" means an individual, a trust or estate, partnership, corporation (including associations, joint-stock companies and insurance companies), the state or a political subdivision or instrumentality of the state.
(q) "Provider" shall mean any person who is a provider or representative of a provider of health care services requiring a certificate of need under Section 41-7-171 et seq., or who has any financial or indirect interest in any provider of services.
(r) "Radiation therapy services" means the treatment of cancer and other diseases using ionizing radiation of either high energy photons (x-rays or gamma rays) or charged particles (electrons, protons or heavy nuclei). However, for purposes of a certificate of need, radiation therapy services shall not include low energy, superficial, external beam x-ray treatment of superficial skin lesions.
(s) "Secretary" means the Secretary of Health and Human Services, and any officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated.
(t) "State Health Plan" means the sole and official statewide health plan for Mississippi which identifies priority state health needs and establishes standards and criteria for health-related activities which require certificate of need review in compliance with Section 41-7-191.
(u) "State Health Planning and Development Agency" means the agency of state government designated to perform health planning and resource development programs for the State of Mississippi.
SECTION 22. Section 41-19-275, Mississippi Code of 1972, is amended as follows:
41-19-275. The center shall
serve persons who have attained the age of * * * eighteen (18) years
with chronic mental illness who would benefit from a structured living
environment.
SECTION 23. Section 43-19-33, Mississippi Code of 1972, is amended as follows:
43-19-33. (1) In lieu of legal proceedings instituted to obtain support for a dependent child from the responsible parent, a written stipulated agreement to support said child by periodic payments executed by the responsible parent when acknowledged before a clerk of the court having jurisdiction over such matters or a notary public and filed with and approved by the judge of said court shall have the same force and effect, retroactively and prospectively, in accordance with the terms of said agreement as an order of support entered by the court, and shall be enforceable and subject to modification in the same manner as is provided by law for orders of the court in such cases.
(2) In lieu of legal proceedings instituted to establish paternity, a written admission of paternity containing a stipulated agreement of support executed by the putative father of the dependent child, when accompanied by a written affirmation of paternity executed and sworn to by the mother of the dependent child, when acknowledged by the putative father before a clerk of the court having jurisdiction over such matters or a notary public and filed with and approved by the judge of said court, shall have the same force and effect, retroactively and prospectively, in accordance with the terms of said agreement, as an order of filiation and support entered by the court, and shall be enforceable and subject to modification in the same manner as is provided by law for orders of the court in such cases.
(3) At any time after
filing with the court having continuing jurisdiction of such matters of an
acknowledgment of paternity in which a provision of support has not been
entered, upon notice the defendant shall be required to appear in court at any
time and place named therein, to show cause, if any he can, why the court
should not enter an order for the support of the child by periodic payments.
The order may include provisions for reimbursement for medical expenses
incident to the pregnancy and the birth of the child, accrued maintenance and
reasonable expenses of the action under this subsection on the acknowledgment
of paternity previously filed with said court. Notice by the department to the
defendant shall be given by certified mail, restricted delivery, return receipt
requested at his last known mailing address and without the requirement of a
summons being issued, and shall be deemed complete as of the date of delivery
as evidenced by the return receipt. The required notice may also be delivered
by personal service in accordance with Rule 4 of the Mississippi Rules of Civil
Procedure insofar as service of an administrative order or notice is
concerned. Provided, that in the case of a child who, upon reaching the age of * * * eighteen (18) years, is
mentally or physically incapable of self-support, the putative father shall not
be relieved of the duty of support unless said child is a long-term patient in
a facility owned or operated by the State of Mississippi. The prior judgment
as to paternity shall be res judicata as to that issue and shall not be
reconsidered by the court.
(4) Such agreements of support, acknowledgments and affirmations of paternity and support shall be sworn to and shall be binding on the person executing the same whether he be an adult or a minor and may include provisions for the reimbursement of medical expenses incident to the pregnancy and birth of the child, accrued maintenance and reasonable expenses of any action previously filed before the court.
(5) In lieu of legal proceedings instituted to enforce an order for support, a written stipulated agreement for the provision of periodic payments towards an arrearage executed by the defendant when acknowledged before a clerk of the court having jurisdiction over such matters or a notary public and filed with and approved by the judge of said court shall have the same force and effect, retroactively and prospectively, in accordance with the terms of said agreement as a judgment for overdue support entered by the court, and shall be enforceable and subject to modification in the same manner as is provided by law for orders of the court in such cases.
(6) All agreements entered into under the provisions as set forth hereinabove shall be filed by the clerk of the court having jurisdiction over such matters in the county in which they are entered and filing fees shall be taxed to the responsible parent.
SECTION 24. Section 97-33-23, Mississippi Code of 1972, is amended as follows:
97-33-23. Any person of
full age who shall bet any money or thing of value with a minor, knowing such
minor to be under the age of * * * eighteen (18) years, or
allowing any such minor to bet at any game or games, or at any gaming table
exhibited by him, or in which he is interested or in any manner concerned, on
conviction thereof, shall be punished by imprisonment in the Penitentiary not
exceeding two (2) years.
SECTION 25. Section 93-19-1, Mississippi Code of 1972, is amended as follows:
93-19-1. The chancery court
of the county in which a minor resides, or the chancery court of a county in
which a resident minor owns real estate in matters pertaining to such real
estate, may remove the disability of minority of such minor. In cases of
married minors, the residence of the husband shall be the residence of the
parties. The chancery court of a county in which a nonresident minor of the
State of Mississippi owns real estate or any interest in real estate may remove
the disability of minority of such minor as to such real estate, so as to
enable said minor to do and perform all acts with reference to such real
estate, to sell and convey, to mortgage, to lease, and to make deeds of trust
and contracts, including promissory notes, concerning said real estate, or any
interest therein which may be owned by such minor, as fully and effectively as
if said minor were * * *
eighteen (18) years of age. The jurisdiction thus exercised shall be
that of a court of general equity jurisdiction, and all presumptions in favor
of that adjudged shall be accorded at all times.
SECTION 26. Section 93-19-9, Mississippi Code of 1972, is amended as follows:
93-19-9. The decree may be
for the partial removal of the disability of the minor so as to enable him to
do some particular act proposed to be done and specified in the decree; or it
may be general, and empower him to do all acts in reference to his property,
and making contracts, and suing and being sued, and engaging in any profession
or avocation, which he could do if he were * * * eighteen (18) years of
age; and the decree made shall distinctly specify to what extent the disability
of the minor is removed, and what character of acts he is empowered to perform
notwithstanding his minority, and may impose such restrictions and
qualifications as the court may adjudge proper.
SECTION 27. Section 93-1-5, Mississippi Code of 1972, is amended as follows:
93-1-5. (1) Every male who
is at least seventeen (17) years old and every female who is at least fifteen
(15) years old shall be capable in law of contracting marriage. However, males
and females under the age of * * * eighteen (18) years
must furnish the circuit clerk satisfactory evidence of consent to the marriage
by the parents or guardians of the parties. It shall be unlawful for the
circuit court clerk to issue a marriage license until the following conditions
precedent have been complied with:
(a) Application for the license is to be made in writing to the clerk of the circuit court of any county in the State of Mississippi. The application shall be sworn to by both applicants and shall include:
(i) The names, ages and addresses of the parties applying;
(ii) The names and
addresses of the parents of the applicants, and, for applicants under the age
of * * *
eighteen (18), if no parents, then names and addresses of the guardian
or next of kin;
(iii) The signatures of witnesses; and
(iv) Any other data that may be required by law or the State Board of Health.
(b) Proof of age shall be presented to the circuit court clerk in the form of either a birth certificate, baptismal record, armed service discharge, armed service identification card, life insurance policy, insurance certificate, school record, driver's license, or other official document evidencing age. The document substantiating age and date of birth shall be examined by the circuit court clerk before whom application is made, and the circuit court clerk shall retain in his file with the application the document or a certified or photostatic copy of the document.
(c) Applicants under
the age of * * *
eighteen (18) must submit affidavits showing the age of both applying
parties made by either the father, mother, guardian or next of kin of each of
the contracting parties and filed with the clerk of the circuit court along
with the application.
(d) If the male applicant is under seventeen (17) years of age or the female is under fifteen (15) years of age, and satisfactory proof is furnished to the judge of any circuit, chancery or county court that sufficient reasons exist and that the parties desire to be married to each other and that the parents or other person in loco parentis of the person or persons so under age consent to the marriage, then the judge of any such court in the county where either of the parties resides may waive the minimum age requirement and by written instrument authorize the clerk of the court to issue the marriage license to the parties if they are otherwise qualified by law. Authorization shall be a part of the confidential files of the clerk of the court, subject to inspection only by written permission of the judge.
(e) In no event shall a license be issued by the circuit court clerk when it appears to the circuit court clerk that the applicants are, or either of them is:
(i) Intoxicated; or
(ii) Suffering from a mental illness or an intellectual disability to the extent that the clerk believes that the person does not understand the nature and consequences of the application for a marriage license.
(2) Any circuit clerk shall be liable under his official bond because of noncompliance with the provisions of this section.
(3) Any circuit court clerk who issues a marriage license without complying with the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00).
SECTION 28. Section 93-9-9, Mississippi Code of 1972, is amended as follows:
93-9-9. (1) Paternity may
be determined upon the petition of the mother, or father, the child or any
public authority chargeable by law with the support of the child; provided that
such an adjudication after the death of the defendant must be made only upon
clear and convincing evidence. If paternity has been lawfully determined, or
has been acknowledged in writing according to the laws of this state, the
liabilities of the noncustodial parent may be enforced in the same or other
proceedings by the custodial parent, the child, or any public authority which
has furnished or may furnish the reasonable expenses of pregnancy, confinement,
education, necessary support and maintenance, and medical or funeral expenses
for the custodial parent or the child. The trier of fact shall receive without
the need for third-party foundation testimony certified, attested or sworn
documentation as evidence of (a) childbirth records; (b) cost of filing fees;
(c) court costs; (d) services of process fees; (e) mailing cost; (f) genetic
tests and testing fees; (g) the department's attorney's fees; (h) in cases
where the state or any of its entities or divisions have provided medical
services to the child or the child's mother, all costs of prenatal care,
birthing, postnatal care and any other medical expenses incurred by the child
or by the mother as a consequence of the mother's pregnancy or delivery; and
(i) funeral expenses. All costs and fees shall be ordered paid to the
Department of Human Services in all cases successfully prosecuted with a
minimum of Two Hundred Fifty Dollars ($250.00) in attorney's fees or an amount
determined by the court without submitting an affidavit. Proceedings may be
instituted at any time until such child attains the age of * * * eighteen (18) years
unless the child has been emancipated as provided in Section 93-5-23 and
Section 93-11-65. In the event of court-determined paternity, the surname of
the child shall be that of the father, unless the judgment specifies otherwise.
(2) If the alleged father in an action to determine paternity to which the Department of Human Services is a party fails to appear for a scheduled hearing after having been served with process or subsequent notice consistent with the Rules of Civil Procedure, his paternity of the child(ren) shall be established by the court if an affidavit sworn to by the mother averring the alleged father's paternity of the child has accompanied the complaint to determine paternity. Said affidavit shall constitute sufficient grounds for the court's finding of the alleged father's paternity without the necessity of the presence or testimony of the mother at the said hearing. The court shall, upon motion by the Department of Human Services, enter a judgment of paternity. Any person who shall willfully and knowingly file a false affidavit shall be subject to a fine of not more than One Thousand Dollars ($1,000.00).
(3) Upon application of both parents to the State Board of Health and receipt by the State Board of Health of a sworn acknowledgement of paternity executed by both parents subsequent to the birth of a child born out of wedlock, the birth certificate of the child shall be amended to show such paternity if paternity is not shown on the birth certificate. Upon request of the parents for the legitimization of a child under this section, the surname of the child shall be changed on the certificate to that of the father.
(4) (a) A signed voluntary acknowledgment of paternity is subject to the right of any signatory to rescind the acknowledgment within the earlier of:
(i) One (1) year; or
(ii) The date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
(b) After the expiration of the one-year period specified in subsection (4)(a)(i) of this section, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress or material mistake of fact, with the burden of proof upon the challenger; the legal responsibilities, including child support obligations, of any signatory arising from the acknowledgment may not be suspended during the pendency of the challenge, except for good cause shown.
(c) During the one-year time period specified in subsection (4)(a)(i) of this section, the alleged father may request genetic testing through the Department of Human Services in accordance with the provisions of Section 93-9-21.
(d) The one-year time limit, specified in subsection (4)(a)(i) of this section, for the right of the alleged father to rescind the signed voluntary acknowledgement of paternity shall be tolled from the date the alleged father files his formal application for genetic testing with the Department of Human Services until the date the test results are revealed to the alleged father by the department. After the one-year time period has expired, not including any period of time tolled for the purpose of acquiring genetic testing through the department, the provisions of subsection (4)(b) of this section shall apply.
SECTION 29. Section 93-11-65, Mississippi Code of 1972, is amended as follows:
93-11-65. (1) (a) In addition to the right to proceed under Section 93-5-23, Mississippi Code of 1972, and in addition to the remedy of habeas corpus in proper cases, and other existing remedies, the chancery court of the proper county shall have jurisdiction to entertain suits for the custody, care, support and maintenance of minor children and to hear and determine all such matters, and shall, if need be, require bond, sureties or other guarantee to secure any order for periodic payments for the maintenance or support of a child. In the event a legally responsible parent has health insurance available to him or her through an employer or organization that may extend benefits to the dependents of such parent, any order of support issued against such parent may require him or her to exercise the option of additional coverage in favor of such children as he or she is legally responsible to support. Proceedings may be brought by or against a resident or nonresident of the State of Mississippi, whether or not having the actual custody of minor children, for the purpose of judicially determining the legal custody of a child. All actions herein authorized may be brought in the county where the child is actually residing, or in the county of the residence of the party who has actual custody, or of the residence of the defendant. Process shall be had upon the parties as provided by law for process in person or by publication, if they be nonresidents of the state or residents of another jurisdiction or are not found therein after diligent search and inquiry or are unknown after diligent search and inquiry; provided that the court or chancellor in vacation may fix a date in termtime or in vacation to which process may be returnable and shall have power to proceed in termtime or vacation. Provided, however, that if the court shall find that both parties are fit and proper persons to have custody of the children, and that either party is able to adequately provide for the care and maintenance of the children, the chancellor may consider the preference of a child of twelve (12) years of age or older as to the parent with whom the child would prefer to live in determining what would be in the best interest and welfare of the child. The chancellor shall place on the record the reason or reasons for which the award of custody was made and explain in detail why the wishes of any child were or were not honored.
(b) An order of child support shall specify the sum to be paid weekly or otherwise. In addition to providing for support and education, the order shall also provide for the support of the child prior to the making of the order for child support, and such other expenses as the court may deem proper.
(c) The court may require the payment to be made to the custodial parent, or to some person or corporation to be designated by the court as trustee, but if the child or custodial parent is receiving public assistance, the Department of Human Services shall be made the trustee.
(d) The noncustodial parent's liabilities for past education and necessary support and maintenance and other expenses are limited to a period of one (1) year next preceding the commencement of an action.
(2) Provided further, that where the proof shows that both parents have separate incomes or estates, the court may require that each parent contribute to the support and maintenance of the children in proportion to the relative financial ability of each.
(3) Whenever the court has ordered a party to make periodic payments for the maintenance or support of a child, but no bond, sureties or other guarantee has been required to secure such payments, and whenever such payments as have become due remain unpaid for a period of at least thirty (30) days, the court may, upon petition of the person to whom such payments are owing, or such person's legal representative, enter an order requiring that bond, sureties or other security be given by the person obligated to make such payments, the amount and sufficiency of which shall be approved by the court. The obligor shall, as in other civil actions, be served with process and shall be entitled to a hearing in such case.
(4) When a charge of abuse or neglect of a child first arises in the course of a custody or maintenance action pending in the chancery court pursuant to this section, the chancery court may proceed with the investigation, hearing and determination of such abuse or neglect charge as a part of its hearing and determination of the custody or maintenance issue as between the parents, as provided in Section 43-21-151, notwithstanding the other provisions of the Youth Court Law. The proceedings in chancery court on the abuse or neglect charge shall be confidential in the same manner as provided in youth court proceedings, and the chancery court shall appoint a guardian ad litem in such cases, as provided under Section 43-21-121 for youth court proceedings, who shall be an attorney. In determining whether any portion of a guardian ad litem's fee shall be assessed against any party or parties as a cost of court for reimbursement to the county, the court shall consider each party's individual ability to pay. Unless the chancery court's jurisdiction has been terminated, all disposition orders in such cases for placement with the Department of Human Services shall be reviewed by the court or designated authority at least annually to determine if continued placement with the department is in the best interest of the child or the public.
(5) Each party to a paternity or child support proceeding shall notify the other within five (5) days after any change of address. In addition, the noncustodial and custodial parent shall file and update, with the court and with the state case registry, information on that party's location and identity, including social security number, residential and mailing addresses, telephone numbers, photograph, driver's license number, and name, address and telephone number of the party's employer. This information shall be required upon entry of an order or within five (5) days of a change of address.
(6) In any case subsequently enforced by the Department of Human Services pursuant to Title IV-D of the Social Security Act, the court shall have continuing jurisdiction.
(7) In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of a party, due process requirements for notice and service of process shall be deemed to be met with respect to the party upon delivery of written notice to the most recent residential or employer address filed with the state case registry.
(8) (a) The duty of support of a child terminates upon the emancipation of the child. Unless otherwise provided for in the underlying child support judgment, emancipation shall occur when the child:
(i) Attains the
age of * * *
eighteen (18) years, or
(ii) Marries, or
(iii) Joins the military and serves on a full-time basis, or
(iv) Is convicted
of a felony and is sentenced to incarceration of two (2) or more years for
committing such felony; * * *or
(b) Unless otherwise provided for in the underlying child support judgment, the court may determine that emancipation has occurred and no other support obligation exists when the child:
(i) Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled, or
(ii) Voluntarily
moves from the home of the custodial parent or guardian, establishes
independent living arrangements, obtains full-time employment and discontinues
educational endeavors prior to attaining the age of * * * eighteen (18) years, or
(iii) Cohabits
with another person without the approval of the parent obligated to pay
support; * * *
(c) The duty of support of a child who is incarcerated but not emancipated shall be suspended for the period of the child's incarceration.
(9) A determination of emancipation does not terminate any obligation of the noncustodial parent to satisfy arrearage existing as of the date of emancipation; the total amount of periodic support due prior to the emancipation plus any periodic amounts ordered paid toward the arrearage shall continue to be owed until satisfaction of the arrearage in full, in addition to the right of the person for whom the obligation is owed to execute for collection as may be provided by law.
(10) Upon motion of a party requesting temporary child support pending a determination of parentage, temporary support shall be ordered if there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence, unless the court makes written findings of fact on the record that the award of temporary support would be unjust or inappropriate in a particular case.
(11) Custody and visitation upon military temporary duty, deployment or mobilization shall be governed by Section 93-5-34.
SECTION 30. Section 93-13-75, Mississippi Code of 1972, is amended as follows:
93-13-75. The powers and
duties of every guardian of a minor over the person and estate of the ward
shall cease and determine when the ward shall arrive at the age of * * * eighteen (18) years * * *.
And the powers and duties of every guardian of the estate of a minor, person of
unsound mind, or convict of felony, may also cease and determine on the
approval of the chancery court or of the chancellor in vacation, when the funds
and personal property, either or both, of the ward do not exceed the sum or
value of Two Thousand Dollars ($2,000.00) and there is no prospect of further
receipts to come into the hands of the guardian; provided that the court or
chancellor, on the approval of the final account of such guardian, shall have
power to require the property of such minor or adult incompetent, to be
delivered to him or to some person, or bank for him, under such conditions and
restrictions as the court or chancellor may impose; and compliance by the
guardian with such order shall acquit him and his sureties. Any person or bank
who under such an order or decree shall receive the money or property of a
person under such disability shall thereby become amenable to the court for the
proper disposition of it for the use and benefit of such incompetent; but shall
not be required to give security therefor unless the court or chancellor shall
so order. In either event the guardian shall forthwith deliver to the ward, or
to such person or bank as the court or chancellor may designate, as the case
may be, all the property of every description of the ward in his hands, and on
failure, shall be liable to an action on his bond.
SECTION 31. Section 93-13-77, Mississippi Code of 1972, is amended as follows:
93-13-77. When the
guardianship shall cease in any manner, except as provided in Section 93-13-37
or 93-13-67, the guardian shall make a final settlement of his guardianship by
making out and presenting to the court, under oath, his final account, which
shall contain a distinct statement of all the balances of his annual accounts,
either as debits or credits, and also all other charges, expenditures, and
amounts received, and not contained in any previous annual account. The final
account shall remain on file for the inspection of the ward, and summons for
him shall be issued, which shall notify him to appear on a day not less than
one (1) month after service thereof or completion of its publication,
and show cause why the final account of the guardian should not be allowed and
approved. In the event that the account shall be presented by a bank or trust
company which is subject to the supervision of the Mississippi Department of
Banking and Consumer Finance or of the comptroller of the currency of the
United States and the account, or the petition for the approval of the account,
shall contain a statement under oath by an officer of the bank or trust company
showing that the vouchers covering the disbursements in the account presented
are on file with the bank or trust company, the bank or trust company shall not
be required to file vouchers. The bank or trust company shall produce the
vouchers for inspection of any interested party or his or her attorney at any
time during legal banking hours at the office of the bank or trust company, and
the court on its own motion, or on the motion of any interested party, may
require that the vouchers be produced and inspected at the time of hearing of
any objections that may be filed to any final account. The court shall examine
the final account, and hear the evidence for and against it; and if the court
is satisfied, after examination, that the account is just and true, shall make
a final decree of approval, or may allow only so much of the account as is
right; and in the decree it shall make an allowance to the guardian for his
trouble, not exceeding ten percent (10%) on the value of the estate; and shall
also decree that the property of the ward shall be delivered to him, if not
already delivered, and that the guardian be discharged. In like manner, and
under like restrictions, it shall be made the duty of an executor or
administrator of a deceased guardian to make final settlement of their
testator's or intestate's guardianship accounts in the chancery court in which
the same may be pending; but any ward arriving at the age of * * * eighteen (18) years may
petition the chancery court in which the guardianship is pending to waive the
final settlement required by this section and discharge the guardian and his
sureties, which petition shall be verified by oath, and the court shall grant
the same unless there be reason to suspect that the petition was procured by
the guardian through fraud or undue influence over the ward, in which case the
court shall require proof of the good faith thereof.
If a final accounting is not made and the ward does not petition the court to compel a final accounting on or before July 1, 2014, or the twenty-second birthday of the ward, whichever comes last, the court may close its file on the guardianship unless it appears to the court that the court should seek accounting on its own motion.
SECTION 32. Section 93-17-5, Mississippi Code of 1972, is amended as follows:
93-17-5. (1) There shall be made parties to the proceeding by process or by the filing therein of a consent to the adoption proposed in the petition, which consent shall be duly sworn to or acknowledged and executed only by the following persons, but not before seventy-two (72) hours after the birth of the child:
(a) The parents, or
parent, if only one (1) parent, though either be under the age of * * * eighteen (18) years;
(b) If both parents are dead, then any two (2) adult kin of the child within the third degree computed according to the civil law; if one of such kin is in possession of the child, he or she shall join in the petition or be made a party to the suit; or
(c) The guardian ad litem of an abandoned child, upon petition showing that the names of the parents of the child are unknown after diligent search and inquiry by the petitioners. In addition to the above, there shall be made parties to any proceeding to adopt a child, either by process or by the filing of a consent to the adoption proposed in the petition, the following:
(i) Those persons having physical custody of the child, except persons who are acting as foster parents as a result of placement with them by the Department of Human Services of the State of Mississippi.
(ii) Any person to whom custody of the child may have been awarded by a court of competent jurisdiction of the State of Mississippi.
(iii) The agent of the county Department of Human Services of the State of Mississippi that has placed a child in foster care, either by agreement or by court order.
(2) The consent may also be executed and filed by the duly authorized officer or representative of a home to whose care the child has been delivered. The child shall join the petition by the child's next friend.
(3) If consent is not filed, process shall be had upon the parties as provided by law for process in person or by publication, if they are nonresidents of the state or are not found therein after diligent search and inquiry, the court or chancellor in vacation may fix a date in termtime or in vacation to which process may be returnable and shall have power to proceed in termtime or vacation. In any event, if the child is more than fourteen (14) years of age, a consent to the adoption, sworn to or acknowledged by the child, shall also be required or personal service of process shall be had upon the child in the same manner and in the same effect as if the child were an adult.
SECTION 33. Section 91-5-3, Mississippi Code of 1972, is amended as follows:
91-5-3. A devise so made,
or any clause thereof, shall not be revocable but by the testator or testatrix
destroying, canceling, or obliterating the same, or causing it to be done in
his or her presence, or by subsequent will, codicil, or declaration, in
writing, made and executed. Every last will and testament made when the
testator or testatrix had no child living, wherein any child he or she might
have is not provided for or not mentioned, if at the time of his or her death
he or she have a child, or if the testator leave his wife enceinte of a child
who shall be born, shall have no effect during the life of any such after-born
child and shall be void unless the child die without having been married, or
without leaving issue capable of inheriting, and before he or she shall have
attained * * *
eighteen (18) years. The estate, both real and personal, so devised
shall descend to such child in the same manner as if the testator or testatrix
had died intestate, subject, nevertheless, to the bequests made in the last
will and testament in case of the death of such child before marriage, or
without issue capable of inheriting, and under the age of * * * eighteen (18) years.
When a testator shall leave children born and his wife enceinte, the posthumous
child or children, if unprovided for by settlement and neither provided for nor
disinherited, but only pretermitted, by the last will and testament, shall
succeed to the same portion of the father's estate as such child or children
would have been entitled to if the father had died intestate, towards raising
which portion the devisees and legatees shall contribute proportionably out of
the parts devised and bequeathed to them by the same will and testament.
SECTION 34. Section 91-7-293, Mississippi Code of 1972, is amended as follows:
91-7-293. The executor or
administrator shall file with his final account a written statement, under
oath, of the names of the heirs or devisees and legatees of the estate, so far
as known, specifying particularly which, if any, are under the age of * * * eighteen (18) years, of
unsound mind, or convict of felony; the places of residence of each and their
post-office address if they be nonresidents or, if the post-office address be
unknown, the statement must aver that diligent inquiry has been made to learn
the same without avail and giving the names and places of residence of the
guardians of all who have guardians, so far as known.
SECTION 35. Section 91-20-3, Mississippi Code of 1972, is amended as follows:
91-20-3. In this chapter:
(a) "Adult"
means an individual who has attained the age of * * * eighteen (18) years.
(b) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(c) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(d) "Conservator" means a person appointed or qualified by a court to act as general, limited or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(e) "Court" means the chancery court of the county in which the parties reside.
(f) "Custodial property" means (i) any interest in property transferred to a custodian under this chapter and (ii) the income from and proceeds of that interest in property.
(g) "Custodian" means a person so designated under Section 91-20-19 or a successor or substitute custodian designated under Section 91-20-37.
(h) "Financial institution" means a bank, trust company, savings institution or credit union, chartered and supervised under state or federal law.
(i) "Legal representative" means an individual's personal representative or conservator.
(j) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.
(k) "Minor"
means an individual who has not attained the age of * * * eighteen (18) years.
(l) "Person" means an individual, corporation, organization or other legal entity.
(m) "Personal representative" means an executor, administrator, successor personal representative or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(n) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
(o) "Transfer" means a transaction that creates custodial property under Section 91-20-19.
(p) "Transferor" means a person who makes a transfer under this chapter.
(q) "Trust company" means a financial institution, corporation or other legal entity authorized to exercise general trust powers.
SECTION 36. Section 91-7-37, Mississippi Code of 1972, which provides that the age of eighteen (18) years shall be the age of majority of an executor, executrix, administrator or administratrix and that the bond executed by such person for the performance of the duties shall be as valid and binding as if such person were of full age, is repealed.
SECTION 37. Section 93-3-11, Mississippi Code of 1972, which provides for the removal of disabilities of minority of certain married persons with respect to homestead transactions, is repealed.
SECTION 38. Section 93-19-13, Mississippi Code of 1972, which provides that all persons eighteen (18) years of age or older, if not otherwise disqualified, shall have the capacity to enter into binding contractual relationships affecting personal property and that an eighteen-year-old may sue in his own name as an adult and be sued in his own name as an adult and be served with process as an adult, is repealed.
SECTION 39. This act shall take effect and be in force from and after July 1, 2018.