S.B. 307 Garnishment Fee Amendments: transcript

Thank you. Um, let me get the right binder on that one. This is a substantially shorter and smaller bill. Thank you also to Tom Ross for all of his hard work. And a page. This is the other bill was, uh, a lot of work, um, which is why it's coming out so late. This, uh, bill modifies the garnishment, the garnish e fee for writ of garnishment from a court and makes other technical changes. The, um, the heart of the bill, sorry, Mr. Chair is, um, well, there's a couple technical changes on one 90, uh, but the heart of the bill starts on page seven, uh, in section 78 dash two dash two 16. And, um, you'll see that, uh, it changes the language. Say a garnish sheet under a WR of garnishment from a court is entitled to receive a fee and the amount of $10 if, if it's for a single garnishment. And $25 is a one-time fee. If it's for a continuing garnishment, those amounts are the same as in the prior code. But then it says a garnish, you may deduct from the garnishing fee described in subsection one. The amount to be sent to the creditor under the writ of garnishment, if the amount is to be sent, is an excess excess of the fee. And if the amount to be sent to the creditor writ one does not exceed the garnishment, then they shall notify the creditor that the amount to be sent does not exceed the amount. Um, and so basically I think that this makes it easier. So you're not having to deliver a check and then they deliver, you know, the funds, it allows them to just, uh, deduct it, which I think, uh, arrives at the same result, but it's just a more efficient process. And that, that concludes my presentation.

Uh, we're not changing the fee. So it's $10 for a single garnishment and $25 for a continuing garnishment. That is the fee before the bill. That is the fee after the bill.

Yes, I would move that, um, I move that the committee favorably recommend Senate Bill 3 0 7, uh, to the floor of the Senate.

Um, I will waive.

Thank you, Mr. Chair. If you don't mind staying there. I'm gonna check in with this other committee I'm presenting too. Okay, thank you. I might come back, but

Yeah. So this is really simple. If, um, Andrew STO owed me money and I sued him and got a judgment and he didn't pay me, I could, I could garnish his wages and right now, and I would totally do that. Um, he's my floor sponsor by the way. Um, right now I would have to send a check to his employer to, for the garnishment fee, and then the employer would garnish his wages and send me a check back. What this bill says is, rather than having two checks, they can just deduct the garnishment fee, which is like 35 bucks and send me one check back minus the 35 bucks. That's the bill. But right now, that's not allowed in the law.

Thank you Mr. Chair. So, companies that use third party payroll, they're already set up to be able to do that garnishment and deduct that. So this, this wouldn't, I don't think this would mandate it. So if the third party payroll said you still have to send us a check, but, but if, if they wanted to do it this way, it's just less paperwork. So, But it is an option that those third Parties Yeah, I think so. Can already I, I believe so. Yes. Pretty Easily. And so there's not an extra burden on businesses To, this would actually lighten, lighten it. 'cause they wouldn't have to deposit the check and wait for it to clear. I, I think, I think everybody will like this. Okay. Thank You.

Move that we favorably recommend SB 3 0 7.

I'll Waive. Waive.

Thank you, Mr. Maybe. There it is. Thank you, Mr. Chair. Uh, I appreciate the bill. Uh, frankly, I don't think it goes far enough. I think there's a lot of work in this area that we can clean up. Uh, but I appreciate you doing this. Save a lot Of time. Thank you.

Waive Okay.

I'll Waive. All

This bill allows garnishes to deduct their fee directly from garnished funds. Eliminating the need for separate payments by the creditor streamlines the garnishment process and clarifies procedures when the garnish amount is less than the fee. Ensuring consistency. Uh, with that I'll yield to any questions on Senate bill 3 0 7,

Thank you. I move that Senate Bill 3 0 7 Be read for a third time.

Senator Mikel. Thank you Mr. Mr. President. Um, this is a cleanup bill from a bill that was run in the past and we, we, we deal with some definitions in the bill and we also, there was some money that was with A PMP and we move it over to corrections and that's what the bill does. And I'm open for questions.

Thank you Mr. President. Um, this bill will allow garnishes to deduct their fee directly from the garnish funds, eliminate the need for separate payments by the creditors. And with that, I'll yield to any questions.

Thank you. I move that Senate bill, uh, 3 0 7 pass.

Motion to encircle Senate bill two. Motion encircle Senate bill two.

Senate bill 3 0 7 Garnishment fee amendments by Senator Weiler. This bill was heard in Business and Labor with a vote of 11 0 5. The House sponsors Representative Stoddard.

This is a great bill. Sorry, catching my breath. Um, so all this bill does is it changes a few of the procedures in the way that, that, um, garnishment fees are being able to take out by the courts.

Rather than changes a few ways, uh, would the sp would the good sponsor who I hope has read the bill yield to a question Representative starter, will you yield?

I was just hoping he would explain something beyond, makes a few adjustments in his summation.

Well, um, without any insight as to what the good representative from Lagoon was going to say, I'm just gonna have to go with what I think he might say. So this really just changes the fees for a writ of garnishment when we file it with the court. Uh, really simple Bill. You can see there's not a lot of changes in there. Um, if anyone else would ask questions, I would've taken 'em, but it's a, it's a good bill.

Thank you Mr. Speaker.