Bill Text: MS HB1340 | 2016 | Regular Session | Introduced
Bill Title: Circuit Clerk; increase fees for certain services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB1340 Detail]
Download: Mississippi-2016-HB1340-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary A
By: Representative Carpenter
House Bill 1340
AN ACT TO AMEND SECTION 25-7-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES CHARGED BY A CIRCUIT CLERK FOR FILING AND RECORDING APPLICATIONS FOR MARRIAGE LICENSES AND FOR ATTENDING COURT; TO BRING FORWARD SECTION 41-57-48, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE FEE CHARGED BY A CIRCUIT CLERK FOR PREPARING MARRIAGE RECORDS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-7-13, Mississippi Code of 1972, is amended as follows:
25-7-13. (1) The clerks of the circuit court shall charge the following fees:
(a) Docketing, filing, marking and registering each complaint, petition and indictment............................... $ 85.00
The fee set forth in this paragraph shall be the total fee for all services performed by the clerk up to and including entry of judgment with respect to each complaint, petition or indictment, including all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates; the fee shall be payable upon filing and shall accrue to the clerk at the time of collection. The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.
(b) Docketing and filing each motion to renew judgment, notice of renewal of judgment, suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing
witnesses............................................. $ 35.00
(c) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14........................ $ 10.00
(d) For every civil case filed, an additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45.................................... $ 40.00
(2) Except as provided in subsection (1) of this section, the clerks of the circuit court shall charge the following fees:
(a) Filing and marking each order or other paper and recording and indexing same..................................... $ 2.00
(b) Issuing each writ, summons, subpoena, citation, capias and other such instruments................................ $ 1.00
(c) Administering an oath and taking bond.. $ 2.00
(d) Certifying copies of filed documents, for each complete document.............................................. $ 1.00
(e) Recording orders, fiats, licenses, certificates, oaths and bonds:
First page.................................. $ 2.00
Each additional page........................ $ 1.00
(f) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee,
per page.............................................. $ 1.00
If performed by any other person, per page.. $ .25
(g) Judgment roll entry.................... $ 5.00
(h) Taxing cost and certificate............ $ 1.00
(i) For taking and recording application for marriage
license, for filing and recording consent of parents when required by law, for
filing and recording medical certificate, filing and recording proof of age,
recording and issuing license, recording and filing returns $ * * * 50.00
The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.
(j) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.
(k) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount $5,000.00
However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.
(l) For drawing jurors and issuing venire, to be paid by the county................................................ $ 5.00
(m) For each day's attendance upon the circuit court
term, for himself and necessary deputies allowed by the court, each to be paid
by the county........................................ $ * * * 85.00
(n) Summons, each juror to be paid by the county upon the allowance of the court................................ $ 1.00
(o) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court................. $ 1.00
(p) For each civil filing, to be deposited into the Civil Legal Assistance Fund....................................... $ 5.00
(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.
(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.
(5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.
(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.
(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.
SECTION 2. Section 41-57-48, Mississippi Code of 1972, is brought forward as follows:
41-57-48. (1) For each marriage performed in this state, a record entitled "Statistical Record of Marriage" shall be filed with the office of vital records registration of the State Board of Health by the circuit clerk who issued the marriage license and shall be registered if it has been completed and filed in accordance with this section.
(2) The circuit clerk who issues the marriage license shall complete the statistical record (except for the section relating to the ceremony) on a form prescribed and furnished by the State Board of Health and shall sign it. The record shall be prepared on the basis of information obtained from the parties to be married, and both the bride and the groom shall sign the record certifying that the information about themselves is correct.
(3) The person who performs the marriage ceremony shall complete and sign the section relating to the ceremony and shall return the record to the circuit clerk who issued the license within five (5) days after the ceremony.
(4) The circuit clerk, on or before the tenth day of each calendar month, shall forward to the State Board of Health all completed records returned to him during the preceding month.
(5) The circuit clerk shall receive a recording fee of one dollar ($1.00) for each marriage record prepared and forwarded by him to the State Board of Health. This fee shall be collected from the applicants for the license together with, and in addition to, the fee for the license and shall be deposited in the county treasury. The recording fees shall be paid to the circuit clerk out of the county treasury once each six (6) months on order of the board of supervisors, upon certification by the office of vital records registration of the number of marriage records filed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.
