MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Universities and Colleges; Appropriations
By: Representative Scott
AN ACT TO ESTABLISH AN ENGINEERING STUDIES SCHOLARSHIP PROGRAM FOR APPLICANTS TO OBTAIN AN UNDERGRADUATE COLLEGE EDUCATION AT A STATE INSTITUTION OF HIGHER LEARNING IN MISSISSIPPI THAT IS NECESSARY TO BECOME A LICENSED PROFESSIONAL ENGINEER; TO PROVIDE THAT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING SHALL ADMINISTER THE SCHOLARSHIP PROGRAM; TO PROVIDE THAT THE ANNUAL AMOUNT OF A SCHOLARSHIP AWARD UNDER THE PROGRAM WILL BE EQUAL TO THE TOTAL COST OF TUITION AND FEES AT THE COLLEGE OR UNIVERSITY IN WHICH THE STUDENT IS ENROLLED; TO PROVIDE THAT THE BOARD OF TRUSTEES WILL MAKE THE FUNDS FOR THE PROGRAM EQUALLY AVAILABLE TO EACH STATE INSTITUTION OF HIGHER LEARNING IN MISSISSIPPI THAT OFFERS AN UNDERGRADUATE DEGREE IN AN ENGINEERING CURRICULUM; TO PROVIDE THAT SCHOLARSHIPS UNDER THE PROGRAM WILL NOT BE BASED UPON AN APPLICANT'S ELIGIBILITY FOR FINANCIAL AID; TO PROVIDE THAT AFTER A SCHOLARSHIP RECIPIENT HAS OBTAINED A BACHELOR'S DEGREE THAT IS NECESSARY TO BECOME LICENSED AS A PROFESSIONAL ENGINEER AND HAS RECEIVED SUCH A LICENSE FROM THE LICENSING BOARD, THE PERSON SHALL BE REQUIRED TO RENDER SERVICE AS AN ENGINEER FOR A STATE AGENCY FOR A PERIOD OF NOT LESS THAN FOUR YEARS; TO PROVIDE THAT ANY SCHOLARSHIP RECIPIENT WHO FAILS TO COMPLETE A PROGRAM OF STUDY THAT IS NECESSARY TO BECOME LICENSED AS A PROFESSIONAL ENGINEER, OR WHO FAILS TO RECEIVE SUCH A LICENSE FROM THE LICENSING BOARD, WILL BECOME LIABLE IMMEDIATELY FOR THE SUM OF ALL SCHOLARSHIP AWARDS PLUS INTEREST; TO PROVIDE THAT ANY SCHOLARSHIP RECIPIENT WHO FAILS TO COMPLETE THE SERVICE OBLIGATION AS AN ENGINEER FOR NOT LESS THAN FOUR YEARS WILL BECOME LIABLE IMMEDIATELY FOR THE SUM OF ALL SCHOLARSHIP AWARDS PLUS INTEREST; TO AUTHORIZE THE BOARD OF TRUSTEES TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE PROPER ADMINISTRATION OF THE SCHOLARSHIP PROGRAM; TO PROVIDE THAT THE PROGRAM WILL BE FUNDED BY AN ADDITIONAL FEE ON THE RECORDING OF OIL AND GAS LEASES, AND ANY ADDITIONAL FUNDS THAT ARE MADE AVAILABLE BY THE LEGISLATURE FOR THE PROGRAM; TO CREATE A SPECIAL FUND IN THE STATE TREASURY FOR THE DEPOSIT OF THE ADDITIONAL FEE ON RECORDING OF OIL AND GAS LEASES; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHANCERY CLERK WILL CHARGE AN ADDITIONAL FEE OF ONE DOLLAR FOR EACH OIL AND GAS LEASE RECORDED, AND REMIT THE ADDITIONAL FEE FOR DEPOSIT INTO THE SPECIAL FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is established an engineering studies scholarship program to enable eligible applicants to obtain an undergraduate college education at a state institution of higher learning in Mississippi that is necessary to become a licensed professional engineer.
(2) The Board of Trustees of State Institutions of Higher Learning shall administer the scholarship program. The board of trustees shall provide to eligible applicants a financial scholarship that is used to pay the costs of the person's education at a state institution of higher learning in Mississippi to obtain a bachelor's degree that is necessary to become licensed as a professional engineer. The annual amount of a scholarship award under the program shall be equal to the total cost of tuition and fees at the college or university in which the student is enrolled. The board of trustees shall make the funds that are provided for the program equally available to each state institution of higher learning in Mississippi that offers an undergraduate degree in an engineering curriculum.
(3) Scholarships under the program shall not be based upon an applicant's eligibility for financial aid. A student must maintain a "C" average or higher in his or her college coursework in order to continue receiving the scholarship.
(4) After a person who received a scholarship under the program has obtained a bachelor's degree that is necessary to become licensed as a professional engineer and has received such a license from the Board of Licensure for Professional Engineers and Surveyors, the person shall render service as an engineer for a state agency for a period of not less than four (4) years.
(5) Any person who receives a scholarship under the program who fails to complete a program of study that is necessary to become licensed as a professional engineer, or who fails to receive such a license from the Board of Licensure for Professional Engineers and Surveyors, shall become liable immediately to the board of trustees for the sum of all scholarship awards made to that person, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her participation in the program. Any person who fails to complete his or her service obligation as an engineer for not less than four (4) years, as required under subsection (4) of this section, shall become liable immediately to the board of trustees for the sum of all scholarship awards made to that person, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service. If a claim for payment under this subsection is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.
(6) The board of trustees shall promulgate rules and regulations necessary for the proper administration of the scholarship program established under this section.
(7) If insufficient funds are available to fully fund scholarship awards to all eligible students, the board of trustees shall make the awards to first-time students on a first-come, first-served basis; however, priority consideration shall be given to persons previously receiving awards under the program.
(8) The program shall be funded by an additional fee on the recording of oil and gas leases, and any additional funds that are made available by the Legislature for the program. The additional fee on the recording of oil and gas leases shall be deposited into a special fund that is created in the State Treasury for that purpose. Monies in the special fund shall be expended by the board of trustees, upon appropriation by the Legislature, for the support of the program. All income from the investment of funds in the special fund shall be credited to the special fund, and any funds remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 2. 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
............. Each additional page................... $ 1.00
(ii) Sectional index entries per section or subdivision lot...................................................... $ 1.00
(c) Recording each deed of trust, for the first fifteen (15) pages................................................. $ 15.00
Each additional page................... $ 1.00
Sectional index entries per section or subdivision lot .................................................... $ 1.00
(d) (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
(e) (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
(f) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each...................... $ 20.00
(g) 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
(h) 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........................................ $ 50.00
For the second chancellor sitting,
clerk only............................................ $ 50.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(i) 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.
(j) 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
(k) 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 a complaint 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.
(5) In addition to the fee charged under subsection (1)(d) of this section for recording an oil and gas lease, the clerk shall charge an additional fee of One Dollar ($1.00) for each oil and gas lease recorded, and shall remit the additional fee to the Department of Finance and Administration for deposit into the special fund created in Section 1 of this act to support the engineering studies scholarship program.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.