Mississippi Code, Volume 19B, 2013 Supplement

2013·1.5 MB·English

by  State of Mississippi

2013
CUMULATIVE SUPPLEMENT
TO
CODE
MISSISSIPPI
ANNOTATED
1972
Issued September 2013
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
ENACTED THROUGH THE 2013 REGULAR SESSION
AND 1STAND 2ND EXTRAORDINARY SESSIONS
PUBLISHED BYAUTHORITY OF
THE LEGISLATURE
SUPPLEMENTING
Volume 19B
(As Revised 2011)
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User's Guide
Inorderto assistboththelegal profession andthelaymaninobtainingthe
maximumbenefitfrom the Mississippi Code of1972Annotated, aUser's Guide
has been included in the main volume. This guide contains comments and
information on the many features found within the Code intended to increase
the usefulness ofthe Code to the user.
iii

PUBLISHER'S FOREWORD
Statutes
The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects
the statute law of Mississippi as amended by the Mississippi Legislature
through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Annotations
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Annotations to collateral research
references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sources that arereadto create annotationsforthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. Aconsequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecentcases annotatedmaynotyethave printreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court andthe CourtofAppeals and decisions ofthe appropriate
federal courts. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal 2nd
Mississippi College Law Review
Mississippi Law Journal
Finally, published opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Amendment Notes
Amendment notes detail how the new legislation affects existing sections.
Editor's Notes
Editor's notes summarize subject matter and legislative history of re-
pealed sections, provide information as to portions oflegislative acts that have
not been codified, or explain other pertinent information.
V
Publisher's Foreword
Joint Legislative Committee Notes
Joint Legislative Committee notes explain codification decisions and
corrections ofCode errors made by the Mississippi Joint Legislative Commit-
tee on Compilation, Revision, and Publication ofLegislation.
Tables
The StatutoryTablesvolume adds tables showingdispositionoflegislative
acts through the 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Index
The comprehensive Index to the Mississippi Code of 1972 Annotated is
replaced annually, and we welcome customer suggestions. The foreword to the
Index explains our indexing principles, suggests guidelines for successful
index research, and provides methods for contacting indexers.
Acknowledgements
The publisher wishes to acknowledge the cooperation and assistance
rendered by the Mississippi Joint Legislative Committee on Compilation,
Revision, and Publication ofLegislation, as well as the offices ofthe Attorney
General and Secretary ofState, in the preparation ofthis supplement.
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September 2013 LexisNexis
vi
SCHEDULE OF NEW SECTIONS
Added in this Supplement
TITLE 85. DEBTOR-CREDITOR RELATIONSHIP
CHAPTER 7. Liens
QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF
ACTION
Sec.
85-7-301. Definitions; lien on causes of action accruing to injured persons for
uncompensated traumatic burn care [Repealed effective July 1, 2016].
85-7-303. Filing ofverified statement; contents; notice [Repealed effective July 1,
2016].
85-7-305. Duties ofchancery clerk; lien booli [Repealed effective July 1, 2016].
85-7-307. Effect ofcovenant nottobring an action; action to enforce lien; affidavit
ofpayment [Repealed effective July 1, 2016].
85-7-309. Apphcabihty [Repealed effective July 1, 2016].
85-7-311. Effect ofSections 85-7-301 through 85-7-315 on settlementbefore entry
into qualifying hospital [Repealed effective July 1, 2016].
85-7-313. No independent right of action to determine liability for injuries
[Repealed effective July 1, 2016].
85-7-315. False affidavit required by Section 85-7-307 as perjury [Repealed
effective July 1, 2016].
85-7-317. Repeal ofSections 85-7-301 through 85-7-315.
TITLE 87. CONTRACTSAND CONTRACTUAL RELATIONS
CHAPTER 7. Improvements to Real Property
87-7-7. Contractor negotiation ofdraft payable to contractor and other parties;
written signed authorization ofco-payees required; penalties.
2013 Supplement 1
c>igitized by the Internet Archive
2014
in
https://archive.org/details/govlawmscode19bs2013
CODE
MISSISSIPPI
1972
ANNOTATED
VOLUME NINETEEN B
TITLE 85
DEBTOR-CREDITOR RELATIONSHIP
Chapter 7. Liens 85-7-1
CHAPTER
3
Exempt Property
§ 85-3-1. Property exempt from seizure under execution or
attachment.
JUDICIAL DECISIONS
2. Exempt personal property gener- sumethattheMississippiLegislaturehad
ally. any different intent with respect to its
In the event that the term "motor ve- treatment of motorcycles under the Ex-
hicles"was not clear and unambiguous so emption Statute. In re demons, 441 B.R.
thatthecourtshouldemploythecanonsof 519 (Bankr. N.D. Miss. 2010).
statutory construction to interpret the Term "motor vehicles" is clear and un-
meaningof"motorvehicles"in Miss. Code ambiguous and should be given its plain
Ann. § 85-3-1(a), the court found as fol- meaning; furthermore, (i) the plain mean-
lows: (1) in otherMississippi statutes, the ing of "motor vehicles" includes motor-
ordinary use of"motor vehicles" included cycles, (ii) if the Mississippi Legislature
motorcycles, (2) the Mississippi Legisla- had desired to narrow the t5rpes of"motor
ture used the term "motor vehicles" in vehicles" affected by the Exemption Stat-
§ 85-3-1(a) without adding language to ute, Miss. CodeAnn. § 85-3-1, itcertainly
include some types ofmotor vehicles but knew how to add restricting language to
not others, (3) the sections ofthe Missis- accomplishthatgoal, and (iii) accordingly,
sippi Code that discussed motorcycles motorcycles fall within the category "mo-
demonstrated that for the purposes of tor vehicles" and as such are a type of
traffic regulation, conveyance, registra- tangible personal property included in
tion, and taxation, the Mississippi Legis- § 85-3-1.Adebtor may, therefore, claim a
lature considered motorcycles to be atype motorcycle as exempt property pursuant
of motor vehicles. Without indication to to § 85-3-1. In re Clemons, 441 B.R. 519
the contrary, there was no reason to pre- (Bankr. N.D. Miss. 2010).
2013 Supplement 3
§ 85-3-4 Debtor-Creditor Relationship
RESEARCH REFERENCES
ALR. Construction and Application of PurchaseofAnnuitybyDebtorasFraud
Exemption for Firearms under State Law. on Creditors. 74A.L.R.6th 549.
46A.L.R.eth 401.
§ 85-3-4. Execution or attachment ofwages, salaries or other
compensation; limitations.
JUDICIAL DECISIONS
2. Obligee no longer has custody. ajudgmentwasawardedtothemotherfor
Under Miss. Ann. § 85-3-4(2)(a)(i), the past-due child support, she no longer had
trial court erred in ordering 55 percent, custodyofthe child. Reasorv. Jordan, 110
rather than 25 percent, withheld from a So. 3d 307 (Miss. 2013).
father's disposable income, because when
§ 85-3-21. Homestead exemption; land and buildings.
JUDICIAL DECISIONS
6. Rights ofsurvivors. 16. Waiver.
16. Waiver. Executrix did not waive the homestead
exemption by entering into a contractual
6. Rights ofsurvivors.
relationshipwith the Mississippi Division
Trial court did not err in granting an
executrix summary judgment and in de- of Medicaid on behalf of a decedent be-
cause the record did not support the idea
termining that the claim of the Missis-
sippi Division of Medicaid was not valid that the decedent had any knowledge of
against a decedent's property because the the benefits a homestead exemption pro-
decedent predeceased his children and a vided,northatheintentionallywaivedhis
grandchild to whom he devised all ofhis righttothebenefitofthatexemptionsince
property, and pursuant to the unambigu- the contract did not provide any informa-
ous language ofMiss. CodeAnn. §§ 85-3- tion pertaining to, or even mention, the
21, 91-1-19, and 91-1-21, coupled with significance of any exemption; there was
case law, the homestead, with its exemp- no evidence of the decedent's intent to
tion, passed from the decedent to his chil- waive any ofhis rights because by enter-
dren and grandchildren free ofhis debts; inginto the contract, the decedent merely
thus. Medicaid was not entitled to pursue acknowledged Medicaid as a creditor of
a claim against the exempted property as his estate, which estate had no property
it was not a part of the estate. State v. against which Medicaid could recover.
Stinson (In re Estate ofDarby), 68 So. 3d StateV. Stinson(InreEstateofDarby), 68
702 (Miss. Ct. App. 2011), writ of certio- So. 3d 702 (Miss. Ct. App. 2011), writ of
rari denied by 69 So. 3d 767, 2011 Miss. certiorari denied by 69 So. 3d 767, 2011
LEXIS 419 (Miss. 2011). Miss. LEXIS 419 (Miss. 2011).
4 2013 Supplement