PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2611
(Reference to printed bill)
Page 14, after line 34, insert:
"6-1837. Judgment; garnishment of monies, property or earnings prohibited
Notwithstanding any other law, any judgment that is entered for failure to pay a flex loan is not a valid judgment for purposes of obtaining a garnishment of monies or property pursuant to title 12, chapter 9, article 4 or a garnishment of earnings pursuant to title 12, chapter 9, article 4.1.
Sec. 4. Section 12-1570.01, Arizona Revised Statutes, is amended to read:
12-1570.01. Scope of article
A. The provisions of This article are applicable applies to garnishments of any of the following:
1. Indebtedness owed to a judgment debtor by a garnishee for monies which that are not earnings as defined in section 12‑1598, paragraph 4.
2. Monies held by a garnishee on behalf of a judgment debtor.
3. Personal property of a judgment debtor that is in the possession of a garnishee.
4. Shares and securities of a corporation or a proprietary interest in a corporation belonging to a judgment debtor, if the garnishee is a corporation.
B. The provisions of This article are does not applicable apply to:
1. Indebtedness owed to a judgment debtor by a garnishee for monies which that are earnings as defined in section 12‑1598, paragraph 4.
2. Notwithstanding any other law, any judgment that is entered for failure to pay a flex loan pursuant to title 6, chapter 18.
Sec. 5. Section 12-1598.01, Arizona Revised Statutes, is amended to read:
12-1598.01. Scope of article
A. The provisions of This article are applicable applies to indebtedness owed to a judgment debtor by a garnishee for monies which that are earnings as defined in section 12‑1598, paragraph 4. Earnings become monies, as defined in section 12‑1570, paragraph 6, upon on their disbursement by the employer to or for the account of the employee, except disbursements into a pension or retirement fund.
B. The provisions of This article are does not applicable apply to garnishments of any of the following:
1. Indebtedness owed to a judgment debtor by a garnishee for amounts which that are not earnings as defined in section 12‑1598, paragraph 4.
2. Monies held by a garnishee on behalf of a judgment debtor.
3. Personal property of a judgment debtor that is in the possession of a garnishee.
4. Shares or securities of a corporation or a proprietary interest in a corporation belonging to a judgment debtor, if the garnishee is a corporation.
5. Notwithstanding any other law, any judgment that is entered for failure to pay a flex loan pursuant to title 6, chapter 18."
Amend title to conform
DEBBIE MCCUNE DAVIS |