Senate Bill 2080

AN ACT TO AMEND SECTION 7-5-39, MISSISSIPPI CODE OF 1972, TO REQUIRE AGENCY HEAD APPROVAL AS A CONDITION PRECEDENT TO LEGAL ACTION ON BEHALF OF THE AGENCY BY THE OFFICE OF THE ATTORNEY GENERAL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 7-5-39, Mississippi Code of 1972, is amended as follows:

7-5-39. (1) The Attorney General shall also represent the state, in person or by his assistant, as counsel in all suits against the state in other courts than the Supreme Court at the seat of government, and he shall, in like manner, act as counsel for any of the state officers in suits brought by or against them in their official capacity, touching any official duty or trust and triable at the seat of government. He may pursue the collection of any claim or judgment in favor of the state outside of the state.

(2) Except as otherwise expressly provided by law, no legal action on behalf of any state agency, including a suit to recoup funds expended by an agency, may be taken without the written consent of the executive director of the agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.