1997 Regular Session
By: Representatives Watson, Schoby, Bowles, Coleman (29th), Denny, Perry, Simmons (37th), Stevens
House Bill 1800
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF THE ATTORNEY GENERAL FOR FISCAL YEAR 1998.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Office of the Attorney General for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 6,573,187.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Office of the Attorney General which is comprised of special source funds collected by or otherwise available to the office, for the purpose of defraying the expenses of the office for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 5,520,585.00.
SECTION 3. With the funds appropriated under the provisions of Section 1 and Section 2, the following positions are authorized:
Permanent: Full Time. . . . . . . . . 99
Part Time. . . . . . . . . 3
Time-Limited: Full Time. . . . . . . . . 94
Part Time. . . . . . . . . 0
From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with policies established by the State Personnel Board and any conditions placed on such expenditure:
(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.
(b) Funds shall be used to fund the "Realignment" component at the requirement established by the State Personnel Board.
(c) Subsequent to the application of Realignment, as specified in Subparagraph (b), above, funds shall be used to provide all eligible state employees employed on or before June 30, 1996, a Three Hundred Dollar ($300.00) "In-Service" COLA base salary increase effective July 1, 1997.
(d) All eligible state employees employed on or before June 30, 1996, shall receive a one percent (1%) salary increase on the first day of the month following their anniversary hire date.
(e) To be eligible for the salary increases specified in Subparagraphs (c) and (d), above, employees must have a current overall performance appraisal rating of "meets expectations" (2.0), or above, on the effective date of the increase. Employees who, subsequent to their eligibility date, receive a performance appraisal rating of "meets expectations" (2.0), or above, during Fiscal Year 1998 shall receive the salary increase effective the date of the rating. If an eligible employee is currently at or above end step for his or her job classification, or should this salary increase cause an eligible employee's salary to exceed end step, that portion of the increase exceeding end step shall be built into the employee's base salary.
It is the agency's responsibility to make certain that funds required to be appropriated for Personal Services for Fiscal Year 1999 do not exceed Fiscal Year 1998 funds appropriated for that purpose unless programs and/or positions are added to the agency's budget by the Mississippi Legislature.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 4. Of the funds appropriated under the provisions of Section 2, funds included therein which are derived from penalties and/or other funds collected by the Medicaid Fraud Control Unit shall be available for the purpose of providing the state match for federal funds available for the support of the unit, or for other lawful purposes as deemed appropriate by the Attorney General. Further, it is the intent of the Legislature that any penalties and/or other funds collected and/or expended shall be accounted for separately as to source and/or application of such funds.
SECTION 5. It is the intention of the Legislature that the Attorney General's Office charge legal fees to all agencies where such legal services are provided. The Attorney General's Office may contract these fees on a contract rate or an hourly rate, whichever is more appropriate. Contracts with the Attorney General's Office for legal services or reimbursement for hourly legal services shall not require the approval of the State Personnel Board. The Attorney General's Office is further authorized to escalate the amount of any of its major objects of expenditure in an amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) above any amounts herein authorized, and to increase the number of authorized positions in order to provide the required legal services for such state agencies.
SECTION 6. Of the funds appropriated under the provisions of Section 2, the amount of Three Hundred Seventy Thousand Dollars ($370,000.00), or so much thereof as may be necessary, shall be made available for expenditure by the Prosecutors Training Division.
SECTION 7. It is the intention of the Legislature that the Attorney General's Office shall have the authority to accept, budget and expend any source funds not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), that become available to the office to carry out the provisions of those funds in a manner consistent with the rules and regulations of the Department of Finance and Administration. None of the funds authorized in this section shall be used to increase the major object of expenditure "Salaries, Wages and Fringe Benefits."
SECTION 8. No part of the money herein appropriated shall be used, either directly or indirectly, for the purpose of paying any clerk, stenographer, assistant, deputy or other person who may be related by blood or marriage within the third degree, computed by the rules of civil law, to the official employing or having the right of employment or selection thereof; and in the event of any such payment, then the official or person approving and making or receiving such payment shall be jointly and severally liable to return to the State of Mississippi and to pay into the State Treasury three (3) times any such amount so paid or received; however, when the relationship is by affinity and the person through whom the relationship was established is dead, this provision shall not apply.
SECTION 9. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Office of the Attorney General that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.
SECTION 10. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
Performance Measures Target
Cost of support services as percentage of
budget (percent) 6.28
DFA error exception slips per month (items) 3
Approval on prosecutors training (%) 95
Minimum affirmation of criminal convictions (%) 85
Minimum affirmations of death penalty appeals (%) 60
Minimum denial of relief in federal habeas
corpus (%) 90
Minimum positive results of civil cases (%) 70
Minimum positive results of Section 1983 cases (%) 80
Assigned to attorneys in three days or less (%) 100
Opinions completed in 30 days or less (%) 75
Good/excellent ratings for training (%) 85
State Agency Contracts
Good/excellent ratings for legal services (%) 80
Other Mandated Programs
Medicaid fraud convictions vs indictments (%) 80
Medicaid abuse convictions vs arrest (%) 80
PID cases ending in criminal charges/other remedial
action (% increase) 10
Minimum defendants convicted after indictments (%) 90
Response to consumer complaints (days) 7
Minimum positive results of consumer cases (%) 75
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 1999.
SECTION 11. Of the funds appropriated under the provisions of Section 1, funds in the amount of Two Hundred Forty-six Thousand Two Hundred Eighty-eight Dollars ($246,288.00) are provided for the purpose of defraying the cost of any salary increases which may result from the enactment of any statutory salary increases during the 1997 Regular Session, and said funds shall not be used for any other purpose. It is the intention of the Legislature that any funds provided in this act for statutory salary increases shall lapse into the State General Fund at the end of the fiscal year if statutory salary increases are not enacted during the 1997 Regular Session.
SECTION 12. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of any Fraud Fund created in Senate Bill No. 2874, 1997 Regular Session, for the support of the Insurance Fraud and Abuse Bureau within the Office of the Attorney General, for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 500,000.00.
With the funds appropriated in this section, the following positions are authorized:
Permanent Full Time . . . . . . . . . . 6
SECTION 13. The money appropriated under the provisions of Section 1 shall be paid by the State Treasurer out of any money in the State General Fund not otherwise appropriated, and the money appropriated under the provisions of Sections 2 and 12 shall be paid by the State Treasurer out of any money in the proper special funds to the credit of the Office of the Attorney General, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.
SECTION 14. This act shall take effect and be in force from and after July 1, 1997.