House Bill 1144

AN ACT TO AMEND SECTIONS 11-45-11 AND 15-1-51, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN CAUSES OF ACTION BROUGHT BY THE STATE PURSUANT TO ASSIGNMENTS OR SUBROGATION AGREEMENTS THE STATE DOES NOT ACQUIRE ANY RIGHTS GREATER THAN THE ASSIGNOR OR SUBROGOR; TO PROVIDE THAT THE STATE IS SUBJECT TO ALL DEFENSES AVAILABLE IF THE CAUSE OF ACTION HAD BEEN BROUGHT BY THE ASSIGNOR OR SUBROGOR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-45-11, Mississippi Code of 1972, is amended as follows:

11-45-11. The state shall be entitled to bring all actions and all remedies to which individuals are entitled in a given state of case. It may maintain the action of unlawful entry and detainer in all cases, at its option, for the recovery of land. To the extent that the state or any of its agents asserts a claim against an individual or entity arising from an assignment or subrogation agreement, the state is subject to any and all defenses that would be available to that individual or entity had the claim been asserted against it directly by the assignor or subrogror.

SECTION 2. Section 15-1-51, Mississippi Code of 1972, is amended as follows:

15-1-51. Statutes of limitation in civil cases shall not run against the state, or any subdivision or municipal corporation thereof, except that any judgment or decree rendered in favor of the state, or any subdivision or municipal corporation thereof, shall not be a lien on the property of the defendant therein for a longer period than seven (7) years from the date of filing notice of the lien, unless an action is brought before the expiration of such time or unless the state or such subdivision or municipal corporation refiles notice of the lien. There shall be no limit upon the number of times that the state, or any subdivision or municipal corporation thereof, may refile such notices of lien.

The statutes of limitation shall run in favor of the state, the counties, and municipal corporations beginning at the time when the plaintiff first had the right to demand payment of the officer or board authorized to allow or disallow the claim sued upon. The provisions of this section shall apply to all pending and subsequently filed notices of liens.

To the extent that the state or any of its agents asserts a claim against an individual or entity arising from an assignment or subrogation agreement, the state is subject to any and all defenses that would be available to that individual or entity had the claim been asserted against it directly by the assignor or subrogror.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.