Bill Text: MS HB509 | 2019 | Regular Session | Introduced
Bill Title: Department of Human Services; child support attorneys shall be paid percentage of attorney's fees collected.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB509 Detail]
Download: Mississippi-2019-HB509-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary A
By: Representative Clark
House Bill 509
AN ACT TO AMEND SECTION 43-19-47, MISSISSIPPI CODE OF 1972, TO REQUIRE STAFF ATTORNEYS OF THE CHILD SUPPORT UNIT OF THE DEPARTMENT OF HUMAN SERVICES TO BE PAID A PERCENTAGE OF ANY ATTORNEY'S FEES COLLECTED BY THE UNIT; 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 * * *
Mississippi 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 * * * Mississippi Department of Human
Services and from the special fund for the Division of Child Support Enforcement
in which the interest from its accounts and all attorney's fees and other fees
is placed. The * * *
State 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 must 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 * * * 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. * * *
Those 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 * * *
Mississippi 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, 2019.