Bill Text: MS SB2839 | 2017 | Regular Session | Introduced
Bill Title: Chancery clerks; revise filing fees charged for the recording of documents.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2839 Detail]
Download: Mississippi-2017-SB2839-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Younger
Senate Bill 2839
AN ACT TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FILING FEES CHARGED BY CHANCERY CLERKS FOR THE RECORDING OF DOCUMENTS; TO AMEND SECTION 25-60-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00
(b) * * *(i) Recording each deed, will, lease, amendment, subordination, lien,
release, cancellation, order, decree, oath, etc., per book and page listed
where applicable; for the first fifteen (15) pages $ 10.00
For recording any document up to thirty-five (35) pages in length other than those listed in paragraph (c) of this subsection the sum of Thirty-five Dollars ($35.00), which includes the fee set forth in Section 25-605(1) and the fees for making all sectional index entries and up to five (5) marginal notations. For documents in excess of thirty-five (35) pages in length and/or requiring more than five (5) marginal notations, a fee of One Dollar ($1.00) for each additional page and Five Dollars ($5.00) for each additional marginal notation shall be payable.
( * * *dc) (i) Recording oil and gas leases, cancellations,
etc., including indexing in general indices; for the first fifteen (15) pages................................................. $
18.00
Each additional page................... $ 1.00
(ii) Sectional index entries per section or subdivision lot...................................................... $ 1.00
(iii) Recording each oil and gas assignment
per assignee.......................................... $ 18.00
( * * *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
( * * *fe) For each day's attendance on the board of
supervisors, for himself and one (1) deputy, each.................. $ 20.00
( * * *gf) For other services as clerk of the board of
supervisors an allowance shall be made to him (payable semiannually at the July
and January meetings) out of the county treasury, an annual sum not exceeding............................................. $3,000.00
( * * *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.
( * * *ji) 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 fees
shall be a total fee for all services performed by the clerk with respect to * * * any civil case filed which
includes, but is not limited to, divorce, alteration of birth or marriage
certificate, removal of minority, guardianship or conservatorship, estate of
deceased, adoption, 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 to wit:
(a) Divorce to be contested................... $75.00
(b) Divorce uncontested....................... $30.00
(c) Alteration of birth or marriage certificate $25.00
(d) Removal of minority....................... $25.00
(e) Guardianship or conservatorship........... $75.00
(f) Estate of deceased, intestate............. $75.00
(g) Estate of deceased, testate............... $75.00
(h) Adoption.................................. $75.00
(i) Land dispute.............................. $75.00
(j) Injunction................................ $75.00
(k) Settlement of small claim................. $30.00
(l) Contempt in child support................. $75.00
(m) Partition suit............................ $75.00
(n) Any cross-complaint....................... $25.00
(o) Commitment................................ $75.00
(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.
SECTION 2. Section 25-60-5, Mississippi Code of 1972, is amended as follows:
25-60-5. (1) Except as provided in Section 25-7-9(1)(b) and in subsection (2) of this section, any county or municipal official or employee who accepts documents for filing as public records shall, in addition to any other fee provided elsewhere by law, collect a fee of One Dollar ($1.00) for each document so filed. In municipalities and counties that collect Three Hundred Dollars ($300.00) or more per month from the filing fee, the official or employee collecting the fee shall, on or before the last day of each month, deposit the avails of Fifty Cents (50¢) of the fee into the general fund of the county or municipality, as appropriate, and remit the remainder to the State Treasurer who shall deposit it to the credit of a statewide local government records management fund which is hereby created in the State Treasury. In municipalities and counties that collect less than Three Hundred Dollars ($300.00) per month from the filing fee, the avails of Fifty Cents (50¢) of the fee shall be remitted to the State Treasurer on a quarterly basis for deposit as provided in the previous sentence. Any monies remaining in the fund at the end of a fiscal year shall not lapse into the General Fund of the State Treasury. Counties and municipalities shall expend monies derived from the fee hereinabove imposed solely to support proper management of their official records in accordance with records management standards established by the Department of Archives and History. Monies in the Local Government Records Management Fund shall be expended by the Department of Archives and History, pursuant to legislative appropriation, to support the Local Government Records Office of the department and to support a local records management grant program as funds permit.
(2) The fee provided in subsection (1) of this section shall not be collected in any county until the board of supervisors, by resolution spread upon its minutes, determines that it will collect the fee.
(3) Each municipality and participating county may collect the filing fee provided for in this section on filings in any court subject to their respective jurisdiction.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
