North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2310 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2310
4		-	(Senators Barta, Klein, Patten)
5		-	(Representatives Vollmer, Warrey)
6		-	AN ACT to amend and reenact sections 32-09.1-05, 32-09.1-10, and 32-09.1-16 of the North Dakota
7		-	Century Code, relating to garnishments.
	1	+	25.1262.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Senators Barta, Klein, Patten
	7	+	Representatives Vollmer, Warrey
	8	+	A BILL for an Act to amend and reenact sections 32-09.1-05, 32-09.1-10, and 32-09.1-16 of the
	9	+	North Dakota Century Code, relating to garnishments.
8	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 32-09.1-05 of the North Dakota Century Code is ~~amended and~~
10		-	reenacted as follows:
	11	+	SECTION 1. AMENDMENT. Section 32-09.1-05 of the North Dakota Century Code is
	12	+	amended and reenacted as follows:
11	13		32-09.1-05. Service on office of management and budget - Fees.
12	14		Service upon the state of North Dakota, or any state institution, department, or agency, as
13		-	garnishee, may be made upon the director of the office of management and budget, or the director's
14		-	authorized designee, in the manner provided by law for service in garnishment proceedings, including
15		-	the fee to be tendered and paid the office of management and budget for making and filing an affidavit
16		-	of disclosure in the amount of twenty-five dollarsforty dollars. The fee must be deposited in the state
17		-	treasury. The director of the office of management and budget may provide for an optional electronic
18		-	method of service for which disclosure fees are not required.
19		-	SECTION 2. AMENDMENT. Section 32-09.1-10 of the North Dakota Century Code is amended and
20		-	reenacted as follows:
	15	+	garnishee, may be made upon the director of the office of management and budget, or the
	16	+	director's authorized designee, in the manner provided by law for service in garnishment
	17	+	proceedings, including the fee to be tendered and paid the office of management and budget for
	18	+	making and filing an affidavit of disclosure in the amount of twenty-five dollarsforty dollars. The
	19	+	fee must be deposited in the state treasury. The director of the office of management and
	20	+	budget may provide for an optional electronic method of service for which disclosure fees are
	21	+	not required.
	22	+	SECTION 2. AMENDMENT. Section 32-09.1-10 of the North Dakota Century Code is
	23	+	amended and reenacted as follows:
21	24		32-09.1-10. Disclosure fees.
22		-	In all garnishment proceedings, the plaintiff, when the garnishee summons is served upon the
23		-	garnishee, shall tender to the garnishee the sum of twenty-five dollarsforty dollars as the fee for making
24		-	an affidavit of disclosure.
25		-	SECTION 3. AMENDMENT. Section 32-09.1-16 of the North Dakota Century Code is amended and
26		-	reenacted as follows:
	25	+	In all garnishment proceedings, the plaintiff, when the garnishee summons is served upon
	26	+	the garnishee, shall tender to the garnishee the sum of twenty-five dollarsforty dollars as the fee
	27	+	for making an affidavit of disclosure.
	28	+	SECTION 3. AMENDMENT. Section 32-09.1-16 of the North Dakota Century Code is
	29	+	amended and reenacted as follows:
	30	+	Page No. 1 25.1262.01000
	31	+	SENATE BILL NO. 2310
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	54	+	22 Sixty-ninth
	55	+	Legislative Assembly
27	56		32-09.1-16. Minimum judgment.
28		-	NoA judgment may not be rendered against a garnishee if the judgment against the defendant is
29		-	less than twenty-five dollarsforty dollars, exclusive of costs, rather, the garnishee shall be discharged. S. B. NO. 2310 - PAGE 2
30		-	____________________________ ____________________________
31		-	President of the Senate Speaker of the House
32		-	____________________________ ____________________________
33		-	Secretary of the Senate Chief Clerk of the House
34		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
35		-	Dakota and is known on the records of that body as Senate Bill No. 2310.
36		-	Senate Vote:Yeas 46 Nays 0 Absent 1
37		-	House Vote: Yeas 78 Nays 12 Absent 4
38		-	____________________________
39		-	Secretary of the Senate
40		-	Received by the Governor at ________M. on _____________________________________, 2025.
41		-	Approved at ________M. on __________________________________________________, 2025.
42		-	____________________________
43		-	Governor
44		-	Filed in this office this ___________day of _______________________________________, 2025,
45		-	at ________ o’clock ________M.
46		-	____________________________
47		-	Secretary of State
	57	+	NoA judgment may not be rendered against a garnishee if the judgment against the
	58	+	defendant is less than twenty-five dollarsforty dollars, exclusive of costs, rather, the garnishee
	59	+	shall be discharged.
	60	+	Page No. 2 25.1262.01000
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