HB0005_S_Cmte_Amend

Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 5

BY: Committee

Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1. (1) As a result of the catastrophic impact of Hurricane Katrina, the statute of limitations applicable to any action not filed in any state or federal court or administrative forum as of August 29, 2005, for which venue was proper in a county located in the Second (Southern) Supreme Court District as defined by Section 9-3-1, Mississippi Code of 1972, is extended as follows:

(a) If the statute of limitations expired on or after Monday, August 29, 2005, but before the effective date of this act, then the time for filing a claim shall be extended to Friday, December 30, 2005.

(b) If the statute of limitations expires on or after the effective date of this act, but before Tuesday, November 29, 2005, then the time for filing a claim shall be extended to Friday, December 30, 2005.

(2) For any action not filed in any state or federal court or administrative forum as of August 29, 2005, in which venue was proper only in a county located in either the First (Central) or Third (Northern) Supreme Court Districts as defined by Section 9-3-1, Mississippi Code of 1972, the plaintiff may file a motion asserting that, but for the catastrophic effects of Hurricane Katrina, the action would have been timely filed. If the court or administrative hearing officer grants the motion, the statute of limitations applicable to that action is extended as follows:

(3) For purposes of the motion referred to in subsection (2), the plaintiff shall have the burden of proof.

SECTION 2. This act shall take effect and be in force from and after its passage.