Mississippi 2023 Regular Session

Mississippi House Bill HB857

Introduced
1/16/23  
Refer
1/16/23  
Engrossed
2/1/23  
Refer
2/14/23  

Caption

Local Government Debt Collection Setoff Act; clarify term of "claimant local government" under.

Impact

The passing of HB 857 enhances the ability of local governments to address and recover debts through the Mississippi Department of Revenue by effectively allowing a wider array of agencies to qualify as claimant local governments. This is expected to streamline the debt collection process and it may provide additional revenue sources for local entities that are struggling with unpaid debts. However, a key aspect is that this bill emphasizes the legal right of local governments to utilize setoffs against state tax refunds to collect debts, which could result in more efficient revenue recovery for these entities.

Summary

House Bill 857 aims to amend Section 27-7-805 of the Mississippi Code of 1972, clarifying the definition of 'claimant local government' within the framework of the Local Government Debt Collection Setoff Act. This legislation is designed to broaden the scope of what constitutes a claimant local government to include not just counties and municipalities, but also corporations and instrumentalities whose governing boards consist predominantly of members appointed or elected by these local governments. This amendment is intended to facilitate the collection of debts owed to local governments and ensure that affiliated entities can participate in the setoff process for debt recovery.

Sentiment

The sentiment towards HB 857 appears to be largely supportive, with recognition of its potential to improve local debt recovery efforts. While the sentiment around local government operations is generally positive due to the perceived financial benefits, key stakeholders, such as local officials and representatives from municipalities, have underscored the necessity of the bill in enhancing operational capabilities. The discussions around the bill indicate a consensus that enabling broader participation in the setoff process may be a proactive step towards balancing local government financial needs.

Contention

Notable points of contention may arise concerning the extent of authority granted to various entities designated as claimant local governments. Some critics may argue that expanding the definition could lead to excessive or misdirected debt collection efforts by interested parties. Additionally, there may be concerns regarding the implications of local governments having increased power to garnish tax refunds from citizens, which could generate backlash from those opposing heightened government intervention in financial matters. As with any changes to fiscal policy, the nuances of implementation and the reactions from constituents will be closely monitored.

Companion Bills

No companion bills found.

Previously Filed As

MS HB388

Income tax; revise local governmental entities that may collect debt by a setoff against a debtor's refund.

MS HB629

Establishes the office of debt recovery at the Dept. of Revenue for the collection of delinquent debts owed to certain governmental entities (EN SEE FISC NOTE GF RV See Note)

MS SB2274

Local governments; allow local governments and schools to publish notices on their websites in addition to newspapers.

MS SB2836

Local governments; allow local governments and schools to publish notices on their websites in addition to newspapers.

MS HB1638

Income tax; allow DHS to collect debts owed to it through setoff against state income tax refunds.

MS HB1698

Income tax; allow Department of Human Services to collect debts owed to it through setoff against state income tax refunds.

MS HB1019

Establishes the La. Debt Recovery Program at the Dept. of Revenue for the collection of delinquent debts owed to certain governmental entities (RE INCREASE SG EX See Note)

MS SB205

Local Government Omnibus Act of 2017.

MS SB025

Update Local Government Sales & UseTax Collection

MS SB0688

LOCAL GOVERNMENT-TECH

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