MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Appropriations

By: Representatives Watson, Schoby, Bowles, Coleman (29th), Denny, Perry, Simmons (37th), Stevens

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI STATE SUPREME COURT WHICH IS COMPRISED OF THE SUPREME COURT, THE OFFICE OF THE SUPREME COURT CLERK AND THE STATE LAW LIBRARY AND TO PAY EXPENSES OF SPECIAL JUDGES, CHANCELLORS AND CIRCUIT JUDGES, AND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE ADMINISTRATIVE OFFICE OF COURTS AND CERTIFIED COURT REPORTERS, CONTINUING LEGAL EDUCATION, COURT OF APPEALS AND THE BOARD OF BAR ADMISSIONS, FOR THE FISCAL YEARS 1997 AND 1998; AND FOR RELATED PURPOSES.  

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 Mississippi State Supreme Court for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 4,822,575.00.

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 Mississippi State Supreme Court which is comprised of special source funds collected by or otherwise available to the Mississippi State Supreme Court, for the purpose of defraying the expenses of the Mississippi State Supreme Court for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 400,325.00.

SECTION 3. Of the funds appropriated under the provisions of Section 1 and Section 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 3,677,288.00

Travel and Subsistence 133,400.00

Contractual Services 907,614.00

Commodities 309,598.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 195,000.00

Subsidies, Loans and Grants 0.00

Total $ 5,222,900.00

FUNDING:

General Funds $ 4,822,575.00

Special Funds 400,325.00

Total $ 5,222,900.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 72

Part Time. . . . . . . . . 2

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

SECTION 4. 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 to the Mississippi State Supreme Court for the purpose of defraying the expenses of special judges, chancellors and circuit judges for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 12,928,326.00.

SECTION 5. Of the funds appropriated under the provisions of Section 4, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 11,978,826.00

Travel and Subsistence 394,000.00

Contractual Services 71,500.00

Commodities 484,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 0.00

Subsidies, Loans and Grants 0.00

Total $ 12,928,326.00

FUNDING:

General Funds $ 12,928,326.00

Special Funds 0.00

Total $ 12,928,326.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 94

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

It is the intention of the Legislature that of the funds allocated under the provisions of Section 5, the Mississippi Supreme Court may authorize an increase in any major object of expenditure, provided that there is a corresponding decrease in the other major object of expenditure.

Of the funds appropriated in Section 4 and allocated in Section 5, Two Million Eight Hundred Twenty Thousand Dollars ($2,820,000.00) is provided for the purpose of employing support staff in an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year per judge. It is the intention of the Legislature that the Administrative Office of the Courts shall give consideration of a maximum allocation to single member judicial districts and subdistricts and judges whose geographical distance prohibits them from sharing support staff with other judges.

SECTION 6. 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 funding the Administrative Office of Courts for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 1,339,093.00.

SECTION 7. 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 Administrative Office of Courts for the purpose of defraying the expenses of the Administrative Office of Courts and the Board of Certified Court Reporters for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 9,337,515.00.

SECTION 8. Of the funds appropriated under the provisions of Sections 6 and 7, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 9,742,617.00

Travel and Subsistence 81,100.00

Contractual Services 476,156.00

Commodities 36,160.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 40,575.00

Subsidies, Loans and Grants 300,000.00

Total $ 10,676,608.00

FUNDING:

General Funds $ 1,339,093.00

Special Funds 9,337,515.00

Total $ 10,676,608.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 15

Part Time. . . . . . . . . 1

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

SECTION 9. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Continuing Legal Education Fund, a special fund hereby created in the State Treasury, for the purpose of defraying the expenses of providing continuing legal education programs to lawyers in Mississippi, for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 110,509.00.

SECTION 10. Of the funds appropriated under the provisions of Section 9, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 45,909.00

Travel and Subsistence 12,000.00

Contractual Services 28,350.00

Commodities 4,750.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 4,500.00

Subsidies, Loans and Grants 15,000.00

Total $ 110,509.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 1

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

SECTION 11. 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 to the Mississippi State Supreme Court for the purpose of defraying the expenses of the Court of Appeals for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $3,877,044.00.

SECTION 12. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Court of Appeals Special Fund in the State Treasury, for the purpose of defraying the expenses of Court of Appeals for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 5,140.00.

SECTION 13. Of the funds appropriated under the provisions of Sections 11 and 12, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 3,010,804.00

Travel and Subsistence 140,000.00

Contractual Services 616,480.00

Commodities 45,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 69,900.00

Subsidies, Loans and Grants 0.00

Total $ 3,882,184.00

FUNDING:

General Funds $ 3,877,044.00

Special Funds 5,140.00

Total $ 3,882,184.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 65

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

SECTION 14. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Board of Bar Admissions, for the purpose of defraying the expenses of the board for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 201,465.00.

SECTION 15. Of the funds appropriated under the provisions of Section 14, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 79,857.00

Travel and Subsistence 9,000.00

Contractual Services 101,838.00

Commodities 8,670.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 2,100.00

Subsidies, Loans and Grants 0.00

Total $ 201,465.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 2

Part Time. . . . . . . . . 1

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

SECTION 16. 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 17. No part of the funds herein appropriated shall be used in the payment of attorney's fees, nor shall any of such funds 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, to be recovered at suit of the Attorney General; however, when the relationship is by affinity and the person through whom the relationship was established is dead, this provision shall not apply.

SECTION 18. It is the intent of the Legislature that the Mississippi State Supreme Court shall charge the maximum amount allowable by law for services rendered where charges for such services are provided for by statute, and for any other services rendered, shall charge an amount consistent with the cost of providing such services. The funds derived from these charges shall be deposited into a special fund account in the State Treasury to the credit of the office of the Mississippi State Supreme Court.

SECTION 19. It is the intent of the Legislature that no part of the funds herein appropriated shall be required to be used for the payment of rent for the public space in the Law Library.

SECTION 20. Of the funds appropriated under the provisions of Section 1 and allocated to the Salaries, Wages and Fringe Benefits major object of expenditure in Section 3, funds in the amount of Six Thousand Four Hundred Dollars ($6,400.00) 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 21. In addition to all other sums heretofore appropriated, 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 the Board of Bar Admissions for the purpose of defraying the expenses of the board for the fiscal year ending June 30, 1997 $ 2,500.00.

This additional appropriation is for the purpose of replacing a mail machine.

SECTION 22. In addition to all other sums heretofore appropriated, 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 support of the Youth Court System enacted into law during the 1997 Regular Session, for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 1,900,000.00.

SECTION 23. It is further the intention of the Legislature that the Administrative Office of Courts shall have the authority to accept, budget and expend funds from any source, not to exceed Five Hundred Fifty Thousand Dollars ($550,000.00), that may become available to the Administrative Office of Courts for the purpose of defraying the costs of equipping circuit and chancery clerk offices with computers and related items.

SECTION 24. The money appropriated under the provisions of Sections 1, 4, 6, 11 and 22 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, 7, 9, 12, 14 and 21 shall be paid by the State Treasurer out of any money in the proper special funds to the credit of the Mississippi State Supreme Court, or the appropriate special fund, 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 25. This act shall take effect and be in force from and after July 1, 1997, except Section 21 which shall take effect and be in force from and after passage.