MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary B; Appropriations

By: Representative Clark

House Bill 1207

AN ACT TO AMEND SECTION 43-19-47, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AMOUNT PAID TO FULL-TIME STAFF ATTORNEYS WHO ARE EMPLOYED BY THE CHILD SUPPORT UNIT OF THE DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 43-19-47, Mississippi Code of 1972, is amended as follows:

     43-19-47.  (1)  The Child Support Unit of the State Department of Human Services, in cooperation with the Attorney General, may appoint at least one (1) full-time staff attorney in or for each chancery court district for the purpose of initiating proceedings under the provisions of Sections 43-19-31 through 43-19-53 in securing child support and establishing paternity.  The annual salary of each of the attorneys appointed by the Child Support Unit, in cooperation with the Attorney General's office under the provisions of Sections 43-19-31 through 43-19-53 shall be fixed at such sums as may be deemed proper in accordance with the salaries of other full-time employed state attorneys with the Attorney General's Office.  Except as otherwise provided in this section, such salaries, inclusive of all reimbursable travel and other expenses, inclusive of financial arrangements perfected with the appropriate courts, the law enforcement officials and the district attorneys, shall be paid monthly from the funds appropriated to the Child Support Unit of the State Department of Human Services and from the special fund for the Division of Child Support in which the interest from its accounts and all attorney's fees and other fees is placed.  The Mississippi Personnel Board shall survey the salaries of other Mississippi attorneys with the Attorney General's Office each year and shall raise the start step of the staff and senior attorneys accordingly and the minimum shall never go below Forty Thousand Dollars ($40,000.00) for staff attorneys or Fifty Thousand Dollars ($50,000.00) for senior attorneys.  In addition to the minimum salaries provided in this subsection, staff attorneys shall be paid ten percent (10%) of any attorney's fees collected by the Child Support Unit for cases associated with each child support case that the staff attorney works to completion.

     (2)  To assist in the implementation of the provisions of Sections 43-19-31 through 43-19-53, the Executive Director of the Department of Human Services is empowered to enter into cooperative agreements with district attorneys, county attorneys and attorneys employed by the county boards of supervisors, in conjunction with the Office of Attorney General.  Said cooperative agreements shall be made in compliance with the regulations established by the Secretary of the Department of Health and Human Services, and may be funded either by funds appropriated to the Child Support Unit of the State Department of Human Services or funds appropriated by any county board of supervisors in this state for their respective county.  Attorneys may be hired contractually to be paid in amounts commensurate with the department's staff attorneys.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.