l9n/ Mississippi

2016 Regular Session

Senate Bill 2344

Writs of garnishment; limit liability of garnishee if garnishee is a financial institution.

Did not become law. It stopped in the House of Representatives's Banking and Financial Services Committee on March 28, 2016. The 2016 session has ended.

What it does

The synopsis the Legislature published with the bill.

AN ACT TO AMEND SECTION 11-35-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A GARNISHEE IS A BANK OR OTHER FINANCIAL INSTITUTION, AND ITS INDEBTEDNESS TO THE DEFENDANT CONSISTS OF FUNDS THAT THE DEFENDANT HAS ON DEPOSIT WITH THE BANK OR OTHER FINANCIAL INSTITUTION AT THE TIME OF SERVICE OF THE WRIT OF GARNISHMENT, THEN THE GARNISHEE SHALL BE HELD TO ACCOUNT FOR ONLY THE FUNDS ON DEPOSIT BETWEEN THE TIME OF SERVICE OF THE WRIT OF GARNISHMENT AND THE TIME OF SERVICE OF ITS ANSWER TO THE WRIT, AND THE GARNISHEE SHALL HAVE NO OBLIGATION TO ACCOUNT FOR ADDITIONAL DEPOSITS ACCRUING AFTER THE TIME OF SERVICE OF ITS ANSWER; TO PROVIDE THAT IF THE BANK OR OTHER FINANCIAL INSTITUTION IS NOT INDEBTED TO THE DEFENDANT AT THE TIME OF THE SERVICE OF THE WRIT OF GARNISHMENT OR DOES NOT HAVE POSSESSION OF PROPERTY OF THE DEFENDANT AT THE TIME OF SERVICE OF THE WRIT, THE GARNISHEE SHALL NOT BE HELD TO ACCOUNT FOR ANY INDEBTEDNESS THAT ARISES SUBSEQUENT TO SERVICE OF THE ANSWER OR PROPERTY THAT MAY COME INTO ITS HANDS SUBSEQUENT TO THE SERVICE OF THE WRIT OF GARNISHMENT; TO AMEND SECTION 27-3-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL NOT SERVE MORE THAN 25 DISTRESS WARRANTS ON THE SAME FINANCIAL INSTITUTION IN A SINGLE DAY; TO PROVIDE THAT A FINANCIAL INSTITUTION SERVED WITH A DISTRESS WARRANT MAY CHARGE A FEE TO THE CUSTOMER OF THE FINANCIAL INSTITUTION; TO PROVIDE THAT ONCE THE DEPARTMENT OF REVENUE RECEIVES AN ANSWER TO A DISTRESS WARRANT FROM A FINANCIAL INSTITUTION INDICATING THAT THE TAXPAYER NAMED IN THE DISTRESS WARRANT HAS NO ACCOUNTS WITH THE FINANCIAL INSTITUTION, THE DEPARTMENT OF REVENUE MAY NOT SERVE ANY ADDITIONAL DISTRESS WARRANTS ON THE SAME FINANCIAL INSTITUTION FOR A PERIOD OF AT LEAST ONE YEAR; TO AMEND SECTIONS 27-7-57, 27-13-31 AND 27-65-59, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the Senate

1 co-sponsor

Bob M. Dearing

Its course

February 8 to March 28, 2016, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

Each committee stop sits inside its chamber.

Every action13 actions on 10 days

In the SenateFeb 8 to Feb 2618 days

Business and Financial InstitutionsFeb 8 to Feb 179 days

In the House of RepresentativesFeb 26 to Mar 28 · stopped31 days

Banking and Financial ServicesMar 14 to Mar 228 days

Banking and Financial ServicesMar 28 to Mar 28 · stopped0 days

Amendments

Each amendment offered, and what became of it.

  • Senate floor amendmentAdopted

    Adopted Feb 26

  • House of Representatives committee amendmentPending

Text

Each version as the Legislature printed it.

l9n doesn't hold this bill's text yet.

What happened

In l9n's words, one line for each step. Every action as the Legislature published it is below.

In the Senate Feb 8 – Feb 26

  1. Feb 8Referred to the Senate committee on Business and Financial Institutions
  2. Feb 17Reported from committee in the Senate: title sufficient, do pass as a committee substitute
  3. Feb 26Committee substitute adopted in the Senate
  4. Amended in the Senate
  5. Passed the Senate as amended

In the House of Representatives Feb 29 – Mar 28

  1. Feb 29Motion in the Senate to reconsider entered
  2. Mar 7Motion in the Senate to reconsider tabled
  3. Mar 8Sent to the House
  4. Mar 14Referred to the House committee on Banking and Financial Services
  5. Mar 22Reported from committee in the House: title sufficient, do pass as amended
  6. Mar 23Read the third time in the House
  7. Mar 28Recommitted to committee in the House
  8. Died in committee in the House
All 13 actions, as published
  1. Feb 8Referred To Business and Financial InstitutionsSenate
  2. Feb 17Title Suff Do Pass Comm SubSenate
  3. Feb 26Committee Substitute AdoptedSenate
  4. Feb 26AmendedSenate
  5. Feb 26Passed As AmendedSenate
  6. Feb 29Motion to Reconsider EnteredSenate
  7. Mar 7Motion to Reconsider TabledSenate
  8. Mar 8Transmitted To HouseSenate
  9. Mar 14Referred To Banking and Financial ServicesHouse of Representatives
  10. Mar 22Title Suff Do Pass As AmendedHouse of Representatives
  11. Mar 23Read the Third TimeHouse of Representatives
  12. Mar 28Recommitted to CommitteeHouse of Representatives
  13. Mar 28Died In CommitteeHouse of Representatives