Legislation Watch
February 5, 2015 § 6 Comments
Here is a list of bills that may affect chancery court practice, are still pending before the legislature, and are “not dead” as of 2-3-15:
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Rule against perpetuities; revise with respect to certain trusts. |
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Estates; provide for a statutory order of abatement for shares of distributees of property of a deceased. |
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Foreign executor or administrator; revise authority of financial institutions to turn over property or funds of a decedent to. |
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Conservator; allow appointment for a single transaction. |
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Courts; prohibit from applying foreign law under certain circumstances. |
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Divorce; revise habitual cruel and inhuman treatment to include verbal, emotional or psychological abuse. |
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Commercial Real Estate Broker Lien Act; clarify definition of “commercial real estate” under. |
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Title disputes; clarify jurisdiction of state courts in certain. |
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Domestic violence; revise procedures related to. |
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Child abuse; clarify mandatory reporting by school officials. |
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Child neglect; add children left alone in motor vehicles to definitions of. |
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Estate bond requirement; authorize court or chancellor to waive. |
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HB 703 |
Judicial redistricting; revise. |
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Visitation rights; amend Grandparents’ Rights Law to include great-grandparents. |
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Suits against the state; Supreme Court to have original jurisdiction for claims seeking injunctive relief. |
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Landlord-tenant; provide for disposition of personal property remaining on the premises after removal of the tenant. 01/28 (H) Title Suff Do Pass |
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HB 713 |
Mississippi Private Investigation Regulatory Act; create. |
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Property Insurance Clarity Act; create. |
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Court reporters; increase salary for those in circuit, chancery and county courts. |
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HB1101 |
Professional privilege tax; impose on persons who practice in state and who are not domiciled in and do not maintain regular place of business in state. |
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HB1319 |
Marshals and constables; revise fees charged for service of process. |
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Domestic violence; clarify entry of criminal protection orders in the registry. |
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False report of child abuse or neglect; provide criminal penalties and civil liability. |
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Visitation; allow to third party under certain limited circumstances. |
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Civil commitment; include nurse practitioners as authorized evaluators. |
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Children in custody of DHS; require notification of parents of child’s siblings in conformity with federal law. |
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Child support; may continue past age of majority for a disabled child. |
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Court reporters; increase annual salary of. |
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SB2231 |
Constables; revise fees charged for service of process. |
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Easements; clarify purchase of for access. |
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Uniform Interstate Family Support Act; create (corrected). |
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Mississippi Uniform Limited Partnership Act; revise and expand. |
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Real property liens; clarify Notice of Contest of Lien form. |
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SB2390 |
Service of process; sheriff may retain fee for attempt to serve. |
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SB2542 |
Limited liability companies; delete repeal clause on fees. |
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Legal proceeding; child witness to receive accommodations. |
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Trial courts; redistrict. |
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Mourn the loss and commend the life and public service of former Senator and Judge Ray Montgomery. |
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Mourn the loss and pay tribute to the judicial leadership of former Mississippi Supreme Court Chief Justice Roy Noble Lee. |
The Better Chancery Practice Blog 
HB 177, I can’t tell if it’s a mess or else superfluous. Does a confidentiality clause limit my freedom of speech? If so, why can I contract away my fundamental right in that instance, but not if there’s a religious code that has similar effect?
I haven’t read this bill, but my first impression is that it is a solution in search o a problem, as far as Mississippi courts are concerned.
I *always* worry on my way to court, “will the judge be applying Sharia law today?” So far so good … but you never know.
I don’t do a lot of divorces, but unless I’m mistaken don’t the decisions on HCIT already consider verbal and emotional abuse (habitual and continuous of course) to in fact constitute HCIT? If so, why do we need a bill specifying as much?
There is a line of cases in which that type conduct can be HCIT IF it results in physical or emotional harm. I’ve not read the bill, but it may eliminate the need to show physical or emotional effects.
Not sure what to thing about that bill- sounds like a spouse can sue for divorce after 3 or 4 heated arguments.