Bill Text: MS SB2651 | 2016 | Regular Session | Introduced

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Bill Title: Failure to perform official duty; AG shall represent citizens' rights.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [SB2651 Detail]

Download: Mississippi-2016-SB2651-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division A; Appropriations

By: Senator(s) Tindell

Senate Bill 2651

AN ACT TO AMEND SECTION 97-11-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL REPRESENT THE CITIZENS IN A CASE BROUGHT ARISING FROM A PUBLIC SERVANT'S FAILURE TO PERFORM ANY DUTY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-11-37, Mississippi Code of 1972, is amended as follows:

     97-11-37.  (1)  If any person, being sheriff, judge, clerk of any court, constable, assessor, or collector of taxes, or holding any * * *county office whatever, or mayor, marshal, or constable, or any other officer of the state or any city, town, or village, shall knowingly or * * * wilfully willfully fail, neglect, or refuse to perform any of the duties required of him by law, or shall fail or refuse to keep any record required to be kept by law, or shall secrete the same, or shall refuse to comply with any law, or shall issue orders contrary to law, or shall violate his duty in any respect, he shall, on conviction thereof, be fined not exceeding One Thousand Dollars ($1,000.00), or be imprisoned in the county jail not exceeding six (6) months, or both.

     (2)  (a)  If any public servant elected, appointed or hired to serve the public shall in any way violate the rights of any citizen afforded to him by the state or the United States, the Mississippi Attorney General shall represent the citizen.

          (b)  The Attorney General shall establish a system to receive complaints and investigate those complaints by private citizens within thirty (30) days of receipt.

          (c)  If the Attorney General substantiates any violation of law with respect to the citizens' rights, he shall prosecute or file suit on behalf of the offended party.  In situations where the Attorney General represents the agency or position accused, creating a conflict of interest, he shall exercise his powers to contract with outside attorneys to represent the citizens' rights.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.

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