MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Health and Welfare
By: Senator(s) Norwood, Simmons (12th)
AN ACT TO EXEMPT CERTAIN REGISTERED PROVIDERS OF SERVICES FOR HOMELESS PERSONS FROM CERTAIN FILING FEES AND LICENSURE APPLICATION FEES; TO AMEND SECTIONS 25-7-9 AND 63-1-43, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Providers of services for homeless persons registered with a Continuum of Care Program shall be exempted:
(a) From the civil filing fees in chancery court for matters relating to the alteration of birth and marriage certificates for homeless persons.
(b) From the application fees for driver's licenses, identifications cards, or learner's permits under Section 63-1-43 for homeless persons.
SECTION 2. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
[From and after January 1, 2024, and through December 31, 2027, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................ $ 25.00
(ii) Each additional page.............. $ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five
(5) pages............................................ $ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages................................................ $ 25.00
per additional assignee............................... $ 18.00
(iii) Each additional page............. $ 1.00
(iv) Sectional index entries per section or subdivision lot.................................................. $ 1.00
(v) Archive fee....................... $ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................... $ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page............................................. $ .50
If performed by any other person,
per page............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
(e) For attending the board of supervisors' meeting, an annual sum not exceeding..................................... $ 2,500.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $ 5,500.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each..................................................... $ 85.00
For the second chancellor sitting, clerk only.......... $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................ $ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee....... $ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14 $ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45....................................... $ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
(5) For each civil case filed including an adoption involving the Department of Child Protection Services or alteration of a birth or marriage certificate for homeless persons under Section 1 of this act, the filing shall be exempt from any fee under this section.
[From and after January 1, 2028, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages................................................ $ 25.00
(ii) Each additional page.............. $ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages $ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages................................................ $ 25.00
per additional assignee............................... $ 18.00
(iii) Each additional page............. $ 1.00
(iv) Sectional index entries per section or subdivision lot.................................................. $ 1.00
(v) Archive fee....................... $ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................... $ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page............................................. $ .50
If performed by any other person,
per page............................................. $ .25
(ii) Entering marginal notations on
documents of record................................... $ 1.00
(e) For attending the board of supervisors' meeting an annual sum not exceeding..................................... $ 5,000.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $10,000.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each..................................................... $ 85.00
For the second chancellor sitting, clerk only.......... $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................ $ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee....... $ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................................................... $ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45....................................... $ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
(5) For each civil case filed including an adoption involving the Department of Child Protection Services or alteration of a birth or marriage certificate for homeless persons under Section 1 of this act, the filing shall be exempt from any fee under this section.
SECTION 3. Section 63-1-43, Mississippi Code of 1972, is amended as follows:
63-1-43. (1) The commissioner shall charge and collect the following fees:
(a) Fees to which the card stock fee authorized in Section 45-1-21 shall be added:
Class R original or renewal four-year license
authorized in Section 63-1-5.............................. $18.00
Class R original or renewal eight-year license
authorized in Section 63-1-5.............................. $36.00
Class D original or renewal four-year license
authorized in Section 63-1-47............................. $23.00
Class D original or renewal eight-year license
authorized in Section 63-1-47............................. $46.00
Four-year Identification Card authorized in
Section 45-35-7.......................................... $11.00
Eight-year Identification Card authorized in
Section 45-35-7.......................................... $22.00
Eight-year Identification Card for the blind
authorized in Section 45-35-7............................. $11.00
Four-year Disability Identification Card authorized in
Section 45-35-53......................................... $11.00
Learner's Permit authorized in
Section 63-1-21.......................................... $ 1.00
Duplicate Identification Card or Disability
Identification Card....................................... $ 5.00
Duplicate Class R or Class D license
authorized in Section 63-1-37............................. $ 5.00
Class A, B or C Commercial driver's license
authorized in Section 63-1-208............................ $48.00
CDL Learner's Permit authorized in Section 63-1-208........ $10.00
Duplicate CDL or CDL learner's permit..................... $ 5.00
Ignition-Interlock-Restricted License
authorized in Section 63-11-31............................ $50.00
(b) Driver services fees to which the card stock fee authorized in Section 45-1-21 is not added:
Temporary Motorcycle Permit............................... $ 1.00
Four-year or eight-year Motorcycle Endorsement............. $ 5.00
Late Renewal Fee......................................... $ 1.00
Four-year Identification Card upon medical reason for
surrender of a driver's license as authorized in
Section 45-35-7 (one (1) time only)....................... No fee
Hazardous Materials Background Check (federal)............. $63.00
Hazardous Materials Background Check (state)............... $37.00
CDL Application Fee....................................... $25.00
CDL Endorsements:
Tanker Endorsement....................................... $ 5.00
Doubles/Triples Endorsement............................... $ 5.00
Passenger Endorsement..................................... $ 5.00
Hazardous Materials Endorsement........................... $ 5.00
School Bus Endorsement.................................... $ 5.00
(c) In addition to the fees required in this section, an applicant may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund. The applicant shall be informed that he may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund and shall be expended solely for the purpose of funding litter prevention projects or litter education programs, as recommended by the Statewide Litter Prevention Program of Keep Mississippi Beautiful, Inc.
(d) Starting January 1, 2021, for any original or renewal license for which the fee is greater than Ten Dollars ($10.00), if the applicant brings all required documentation but does not receive his or her license within two and one-half (2-1/2) hours of entering and remaining at the license station, Ten Dollars ($10.00) shall be deducted from the total amount owed for the license.
(2) All originals and renewals of operators' licenses shall be in compliance with Section 63-1-47.
(3) Notwithstanding any provision of law to the contrary in this section, the commissioner shall waive the driver's license, identification card, or learner's permit fee for any applicant in the custody of the Department of Child Protection Services and for any applicant under Section 1 of this act.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.