2004 Regular Session
To: Ways and Means
By: Representative Pierce
AN ACT TO AMEND SECTION 7-7-43, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MAXIMUM AMOUNT OF MONIES THAT A GOVERNMENTAL ENTITY MAY WITHHOLD DURING ANY ONE PAY PERIOD FROM THE WAGES, SALARY, EARNINGS OR OTHER COMPENSATION OF A PERSON WHO IS INDEBTED TO THE STATE FOR A TAX CLAIM SHALL NOT EXCEED THE AMOUNT ALLOWED UNDER FEDERAL LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 7-7-43, Mississippi Code of 1972, is amended as follows:
7-7-43. (1) The State Fiscal Officer, any chancery or city clerk, or the fiscal officer of any county or separate school district, institution of higher learning, state college, university or state community college, shall not issue any warrant upon any allowance made to, or claim in favor of, any person, his agent, or assignee who shall be indebted to the state, or against whom there shall be any balance appearing in favor of the state; but such officer shall allow such debtor a credit on his account for such allowance or claim.
(2) (a) For state tax claims, the Tax Commissioner is required to furnish the appropriate fiscal officer with notice that state taxes have not been paid. This notice shall serve as a stop order upon any allowance made to, or claim in favor of, any person, his agent, or assignee who shall be indebted to the state, or any political subdivision thereof, or against whom there shall be any balance appearing in favor of the state or any political subdivision thereof. Disregard of the stop order notice shall create a personal liability against such fiscal officer for the full amount of state taxes due, plus interest and penalty.
(b) Notwithstanding any other provisions of paragraph (a) of this subsection, if the monies subject to the stop order are wages, salary, earnings or other compensation for personal services performed, the maximum amount that may be withheld during any one (1) pay period from such wages, salary, earnings or other compensation shall not exceed the amount allowed under Section 1673 of Title 15, United States Code Service.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.