Mississippi 2023 Regular Session

Mississippi House Bill HB388

Introduced
1/10/23  
Refer
1/10/23  
Engrossed
2/1/23  
Refer
2/13/23  
Enrolled
3/20/23  

Caption

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

Impact

By streamlining the definitions and processes related to debt collection at the local level, HB388 may enhance the fiscal capacity of counties and municipalities in Mississippi. This could empower local governments, including community hospitals, to more effectively manage the collection of debts owed to them, consequently increasing their revenue generation capabilities. The amendment is particularly crucial as it allows for a clearer understanding of the roles and responsibilities of local entities involved in debt recovery efforts, which can ultimately support the financial health of local governments.

Summary

House Bill 388 seeks to amend Section 27-7-805 of the Mississippi Code of 1972, redefining key terms associated with the collection of debts owed to local governments. The bill clarifies the roles of 'claimant local government', 'local government', and 'member organization' in relation to the Mississippi Department of Revenue's authority to collect debts through setoffs against debtor's state income tax refunds. This legislative change is aimed at improving the efficiency and clarity of the debt collection process, allowing local entities to better utilize state mechanisms to recover funds owed to them.

Sentiment

The general sentiment around HB388 appears to be supportive, primarily from representatives who understand the challenges local governments face regarding debt collection. The bill garnered a favorable vote with 97 in favor and only 7 against, indicating bipartisan support. However, there may be minor concerns regarding the implications of redefining terms and whether this could lead to any unintended legal complexities in debt collection processes.

Contention

There has been some contention regarding the scope and application of the amendments proposed in HB388. While proponents argue that it will facilitate more efficient and systematic debt recovery for municipalities, critics might voice concerns about the practical implementation of these changes and whether they could inadvertently complicate prior laws or create challenges for local governments lacking the resources to engage effectively with the state collection processes.

Companion Bills

No companion bills found.

Previously Filed As

MS HB857

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

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 SB2304

Income tax refunds; provide procedures for MDOR to set off debts owed to MDHS against, and for hearings and appeals.

MS SB240

Income tax; adding municipal governments to qualified entities for purposes of collecting debts from income tax returns. Emergency.

MS S829

Allows gross income tax refunds to be credited against taxpayer's delinquent local property taxes.

MS A5386

Allows gross income tax refunds to be credited against taxpayer's delinquent local property taxes.

MS S1777

Allows gross income tax refunds to be credited against taxpayer's delinquent local property taxes.

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 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)

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