MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Conservation and Water Resources

By: Representative Ishee

House Bill 1129

AN ACT TO AMEND SECTION 49-2-21, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO HIRE ATTORNEYS; TO REQUIRE THE ATTORNEY GENERAL TO PROVIDE LEGAL COUNSEL TO THE DEPARTMENT; TO TRANSFER THE SUPERVISION OF ATTORNEYS HIRED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE OFFICE OF THE ATTORNEY GENERAL; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 49-2-21, Mississippi Code of 1972, is amended as follows:

     49-2-21.  The Attorney General shall be counsel and attorney for the commission and the Department of Environmental Quality and shall provide such legal services as may be requested.  The Office of the Attorney General shall represent the commission and the Department of Environmental Quality in all actions, proceedings and hearings and shall be legal advisor of the commission and the department in all matters relating to the commission and the department.

     From and after July 1, 2004, the supervision of all attorneys employed by the executive director of the Department of Environmental Quality shall be transferred to the Office of the Attorney General. 

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.