pending legislation | The Better Chancery Practice Blog

Bills that Could Affect Your Chancery Practice

February 2, 2017 § Leave a comment

As I understand it, these are the pending bills that have made it out of committee. I tried to copy so as to preserve the hyperlinks to the bills, but was unsuccessful. You can find the text of the bills at this link. Also, some of the matters listed below apply to Youth Court, but I included them nonetheless because they may create some overlap with chancery, particularly in custody cases.

HB 476 Child abuse; require DHS to notify applicable military installation family advocacy program in certain cases.
01/25 (H) Title Suff Do Pass Comm Sub
Dixon

HB 481 Medical expenses; define admissibility during trial.
01/26 (H) Title Suff Do Pass
Gipson

HB 483 Multidisciplinary teams and child advocacy centers; provide information prepared by shall be confidential under certain circumstances.
01/31 (H) Title Suff Do Pass
Gipson

HB 489 % Mental health courts; authorize and provide for certification of.
01/26 (H) Title Suff Do Pass Comm Sub
Currie

HB 551 Pro se legal forms; provide that court-approved forms may be provided by public librarians and law librarians.
01/25 (H) Title Suff Do Pass Comm Sub
Reynolds

HB 605 Dept. of Child Protection Services; transfer of DHS functions to shall be completed by Jan. 1, 2018.
01/24 (H) Title Suff Do Pass
Dixon

HB 805 Supreme Court; authorize to have original jurisdiction for claims seeking injunctive relief against the state.
01/24 (H) Title Suff Do Pass
Baker

HB 806 Nonprobate Transfers Law of Mississippi; create.
01/31 (H) Title Suff Do Pass
Baker

HB 807 Jointly held property; authorize to be sold by broker in a commercially reasonable manner.
01/31 (H) Title Suff Do Pass
Reynolds

HB 843 Landlord-tenant law; revise certain provisions related to the nonpayment of rent.
01/24 (H) Title Suff Do Pass Comm Sub
Johnson (87th)

HB 849 Fiduciary Access to Digital Assets and Digital Accounts Act; create.
01/24 (H) Title Suff Do Pass
Lamar

HB 853 Power of Attorney; revise to authorize parents to delegate for care and custody of a child.
01/31 (H) Title Suff Do Pass Comm Sub
Eubanks

HB1013 Department of Child Protection Services; make technical amendments to provisions of law relating to and give certain powers and duties to.
01/26 (H) Title Suff Do Pass Comm Sub
Dixon

HB1210 Youth Court; require to provide redacted copy of child’s record to child’s parent/guardian upon request of the parent/guardian.
01/30 (H) Title Suff Do Pass
Bennett

HB1211 Youth court prosecutor; require district attorney to appoint and require residency in county where youth court is located.
01/30 (H) Title Suff Do Pass
Bennett

HB1212 % Child Protection Services; authorize to have background check of home residents during emergency placement situation.
01/31 (H) Title Suff Do Pass Comm Sub
Gipson

HB1213 Youth court; authorize to utilize volunteer Court-Appointed Special Advocate (CASA) in abuse and neglect cases.
01/31 (H) Title Suff Do Pass
Bell (65th)

HB1366 Domestic abuse protection orders; revise appellate procedure.
01/31 (H) Title Suff Do Pass
Bain

HB1406 Marketable Record Title Act; enact.
01/31 (H) Title Suff Do Pass Comm Sub
Touchstone

SB2063 Appropriation FY2018; pilot programs for legal representation for indigent parents in child abuse cases.
01/05 (S) Referred To Appropriations
Dearing

SB2161 % Constables; revise fees charged by.
01/30 (S) Title Suff Do Pass Comm Sub
Burton

SB2302 % “Ban the box;” facilitate post-incarceration employment opportunities for nonviolent felons.
01/31 (S) Title Suff Do Pass Comm Sub
Barnett

SB2327 Conversion and Domestication; revise.
01/24 (S) Title Suff Do Pass
Tindell

SB2342 Termination of parental rights; technical corrections.
01/24 (S) Title Suff Do Pass Comm Sub
Tindell

SB2350 Business Corporation Act; technical revisions.
01/24 (S) Title Suff Do Pass
Tindell

SB2369 Youth court prosecutor; must be resident of the county and appointed by the DA.
01/26 (S) Title Suff Do Pass Comm Sub
Tindell

SB2388 Domestic abuse protection orders; revise appellate procedure.
01/24 (S) Title Suff Do Pass Comm Sub
Wiggins

SB2427 Code of Judicial Conduct; immunity for members of a special campaign committee.
01/27 (S) Title Suff Do Pass
Hopson

SB2483 Divorce; bona fide separation as a ground for.
01/24 (S) Title Suff Do Pass Comm Sub
Tindell

SB2520 Youth court records; parents have right to redacted copies.
01/24 (S) Title Suff Do Pass
Hill

SB2628 Court reporter; may be hired to record court proceeding.
01/31 (S) Title Suff Do Pass
Branning *

SB2644 Mental illness; revise acquittal and commitment for.
01/26 (S) Title Suff Do Pass Comm Sub
Hopson

SB2673 Guardian ad litem fees; failure to pay enforced as any other civil debt.
01/26 (S) Title Suff Do Pass Comm Sub
Tindell

SB2680 Abused and neglected children; clarify alternative of relative care.
01/31 (S) Title Suff Do Pass Comm Sub
Hill

SB2703 Divorce; domestic violence as a ground for.
01/24 (S) Title Suff Do Pass Comm Sub
Doty

SB2821 Youth court referees; appointed to a 4-year term.
01/31 (S) Title Suff Do Pass Comm Sub
Tindell

SB2842 % Mental health court intervention programs; authorize.
01/31 (S) Title Suff Do Pass Comm Sub
Branning

Some Changes Coming to a Chancery District Near You?

March 3, 2014 § Leave a comment

There is legislation wending its way through the halls of the Capital that might end up making some changes in your chancery court district.

HB 1026 has passed the House and is before the Senate. If it would pass in its current form here are some of the changes you could expect in chancery:

Third District (DeSoto, Grenada, Montgomery, Panola, Tate, Yalobusha). Adds one additional chancellor to bring the total to four. Two chancellors would be elected from DeSoto, and two would be elected from the remaining counties. Current chancellors are Lynchard, Lundy, and Cobb.
Fourth District (Amite, Franklin, Pike, Walthall). Adds one chancellor. Current lone chancellor is Halford. This district is now one of only four one-judge chancery districts in the state. If this change goes through, that would leave the following one-judge districts: Second (Newton, Scott and Jasper) Clark; Fifteenth (Copiah and Lincoln), Patten; Nineteenth (Jones and Wayne), McKenzie.
Ninth District (Washington, Sunflower, Humphreys, Sharkey, Issaquena, and Warren). Would surrender Humphries to a newly-created Twenty-First District, leaving Washington, Sunflower, Sharkey, Issaquena, and Warren . Current chancellors are Barnes, Weathersby and Wilson.
Eleventh District (Madison, Yazoo, Holmes, Leake). Would surrender Yazoo and Holmes to a newly-created Twenty-First District, leaving Madison and Leake in the eleventh. Current chancellors are Goree and Brewer.
Twentieth District (Rankin). Would add one chancellor. Current chancellors are Grant and Fairly.
Twenty-First District (Humphries, Holmes and Yazoo). Would create this district. Number of chancellors is not specified in the bill, as far as I can tell.
There are numerous changes to arrangement of precincts within subdistricts. If your district has subdistricts, you might want to check the bill to see whether any changes are being made.

There are also changes made in circuit court districts and judgeships.

Of course, this legislation still has to make it through the Senate, and then through conference, and then get the Governor’s signature before it becomes law, and it may see some substantial revisions in the process. If it does survive to become law, however, it will make some of the most visible changes in the chancery landscape that most of us have seen in many years.

Pending Legislation of Interest to Chancery Practitioners

February 10, 2014 § 1 Comment

Here is a list of bills that may be of some interest to you in your chancery practice. I relied on the titles to select the bills to list; I have not read all of these.

You can click on this link to find any of the listed measures. You will find information on the bill, including its status, sponsor, and the committee(s) to which it has been referred.

HB 32 Partition of property; revise method of appointing freeholders.

HB 44 Courts; prohibit from applying foreign law under certain circumstances.

HB 67 Special judges; revise compensation cap.

HB 126 Protection from domestic abuse; clarify record.

HB 218 Uniform laws; create Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

HB 342 Uniform laws; enact Uniform Foreign-Country Money Judgments Recognition Act.

HB 409 Mississippi Bar; remove repealer.

HB 427 Licensed school employees; allow use of personal leave near holiday if summoned by court.

HB 486 Birth certificates; Tribal Court of the Choctaw Indians has same authority as chancery courts to make changes/corrections in.

HB 487 Tax liens; provide for centralized filing with the Department of Revenue.

HB 511 Liens; bring forward stop-notice sections.

HB 570 Evidence; revise provisions regarding certain privileged communications.

HB 579 Court Collections Fund; create.

HB 696 Real property; clarify certain identifying information for instruments presented to the chancery clerk for recording.

HB 810 “Andrew Lloyd Law”; require DHS to be notified before a mentally ill person receives treatment if person has minor children.

HB 837 Judicial qualifying deadline; bring forward for purposes of amendment.

HB 878 Sex offenders; clarify notice to volunteer organizations regarding status.

HB 882 Mississippi Entity Conversion and Domestication Act; enact.

HB 884 Unclaimed Property Act; revise several provisions of.

HB 885 Overdue child support; payable to custodial parent after emancipation of child.

HB 891 Rule against perpetuities; revise with respect to certain trusts.

HB 917 Mississippi Trust Decanting Act; create.

HB1014 Physician Order for Sustaining Treatment Act; create.

HB1026 Trial courts; bring forward circuit, chancery & district attorney sections.

HB1030 Commission Against Interpersonal Violence; create.

HB1031 Domestic abuse protection orders; authorize justice & municipal courts to issue final orders.

HB1033 Domestic violence; revise.

HB1042 Uniform Premarital and Marital Agreements Act; enact.

HB1058 Guardian ad litem; clarify duties and appointment.

HB1084 Uniform Power of Attorney Act; create.

HB1400 Abortion; prohibit performing at or after 20 weeks.

HB1411 Foreign executor or administrator; revise authority of financial institutions to turn over property or funds of a decedent to.

HC 25 Parental rights; State of Mississippi recognizes.

B026 Tax liens; provide for centralized filing with the Department of Revenue.

SB2125 Authority of chancery court to revise birth certificates; Tribal Court of MS Band of Choctaw Indians has same authority.

SB2180 Adoption; expedited for readoptions of foreign-born adoptees.

SB2240 Uniform laws; create Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

SB2471 Cyber-bullying; revise and clarify electronic communication offenses.

SB2474 Trial courts; redistrict.

SB2476 Domestic violence; clarify sentencing status of multiple offender, revise protection order.

SB2480 Adoption records, confidentiality of; provide for contempt and misdemeanor proceedings.

SB2483 Mental commitment cases; revise screening process.

SB2559 Commercial Real Estate Broker Lien Act; create.

SB2622 Contractor’s liens; revise stop notice law.

SB2626 Domestic violence; revise penalty.

SB2629 Domestic violence; clarify when arrest may be made without warrant.

SB2676 Witness fees; conform to juror pay.

SB2727 Mississippi Uniform Trust Code; create.

SB2809 Uniform Power of Attorney Act; create.

SB2837 Domestic Violence Protection Order Registry; require arresting officer to perform check.

SC 523 Amendment to the United States Constitution relating to parental rights; urge Congress to propose.

SC 531 Post-ratify federal voting age 18 amendment to the United States Constitution.SC 542 United States Constitutional Convention under Article V; apply for federal debt consideration.

SOME PENDING SENATE BILLS YOU MIGHT WANT TO WATCH

March 7, 2012 § 1 Comment

Here are some bills pending in the Mississippi Senate that might affect your chancery practice:

SB 2031. Gaming winnings may be intercepted for child support obligation.

SB 2037. Allows for redaction of Social Security numbers in recorded documents.

SB 2046. Requires disclosure in real estate transactions if meth production took place on the property.

SB 2087. Mandatory reporting of child abuse.

SB 2664. Amends the statute providing for parental consent to abortion to include intellectually disabled persons, and makes some other changes.

SB 2677. Adverse possessor must reimburse the other party for property and other taxes paid.

SB 2806. Changes and clarifies the rules for a landowner’s duty to a trespasser or licensee.

SB 2807 and SB 2708. How and when a landlord may dispose of abandoned personal property.

SB 2853. Allows both Circuit Court and County Court to adjudicate custody in paternity actions. Is this one more step toward the disappearance of chancery courts?

SB 2856. Court may restrict visitation of person convicted of violent crime.

Not included are bills that I considered to duplicate other senate bills or pending House bills.

WHAT’S BREWING IN THE CAPITOL THAT MAY AFFECT YOUR PRACTICE

February 3, 2011 § 2 Comments

Here’s a link to legislation pending in Jackson that may have some effect on your practice.

It’s early, and some things fall by the wayside while others get amended, but here are a few to take note of based on my own cursory, limited review:

HB 55 appears to take adult guardianships in the same direction that UCCJEA took child custody some years ago. As our population ages, and younger people are taking responsibility for older adults, the tug-of-war between siblings for parents across state lines can create some head-scratching jurisdictional battles that this measure seeks to address.
HB 170 addresses an anomaly in the law created by the emancipation of a child. The case law has held that the cause of action for past due child support becomes the enforceable obligation of the child after emancipation, even though the child support payments were due to the custodial parent. This bill would allow the parent who was owed the support to collect it despite emancipation.
HB 689 is of high interest in chancery court since the supreme court handed down McDonald v. McDonald, 39 So.3d 868 (Miss. 2010), which held that hearsay in a guardian ad litem’s report is inadmissible. This bill would correct that. It spells out how hearsay in the report would be handled, and the procedure spelled out is similar to that proposed by Justice Pierce in his dissent to the majority opinion.

There are other bills proposing to: revise requirements for durable powers of attorney; change acknowledgment requirements for recordation of certain instruments; revise procedures for filling judicial vacancies; clarify procedures for renewal of a judgment; specify where and when enforcement of liens takes place; spell out how disability payments are credited against child support; allow distribution of wrongful death damages without opening an estate; and filing-fee-funded increase in judicial salaries. There’s plenty more there that might interest you.