MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Representatives Watson, Stevens, Bourdeaux, Bowles, Coleman (29th), Denny, Perry

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 YEAR 2000; 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, 1999, and ending June 30, 2000

$ 5,037,961.00.

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, 1999, and ending June 30, 2000 $ 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 $ 3,947,424.00

Travel and Subsistence 135,900.00

Contractual Services 873,114.00

Commodities 309,598.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 172,250.00

Subsidies, Loans and Grants 0.00

Total $ 5,438,286.00

FUNDING:

General Funds $ 5,037,961.00

Special Funds 400,325.00

Total $ 5,438,286.00

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, 1999, and ending June 30, 2000

$ 13,842,398.00.

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 $ 12,834,898.00

Travel and Subsistence 448,000.00

Contractual Services 75,500.00

Commodities 484,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 0.00

Subsidies, Loans and Grants 0.00

Total $ 13,842,398.00

FUNDING:

General Funds $ 13,842,398.00

Special Funds 0.00

Total $ 13,842,398.00

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, 1999, and ending June 30, 2000

$ 1,278,592.00.

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, 1999, and ending June 30, 2000 $ 9,386,415.00.

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 $ 9,804,462.00

Travel and Subsistence 81,100.00

Contractual Services 404,910.00

Commodities 36,160.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 38,375.00

Subsidies, Loans and Grants 300,000.00

Total $ 10,665,007.00

FUNDING:

General Funds $ 1,278,592.00

Special Funds 9,386,415.00

Total $ 10,665,007.00

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, 1999, and ending June 30, 2000 $ 113,894.00.

It is the intention of the Legislature that interest earned from any investment or deposit to the Continuing Legal Education Fund made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited by the State Treasurer to the Continuing Legal Education Fund and shall not be paid into the General Fund of Mississippi.

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 $ 49,894.00

Travel and Subsistence 12,000.00

Contractual Services 28,350.00

Commodities 4,750.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 3,900.00

Subsidies, Loans and Grants 15,000.00

Total $ 113,894.00

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, 1999, and ending June 30, 2000 $4,022,114.00.

SECTION 12. Of the funds appropriated under the provisions of Section 11, 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 $ 3,200,204.00

Travel and Subsistence 140,000.00

Contractual Services 573,660.00

Commodities 45,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 63,250.00

Subsidies, Loans and Grants 0.00

Total $ 4,022,114.00

FUNDING:

General Funds $ 4,022,114.00

Special Funds 0.00

Total $ 4,022,114.00

AUTHORIZED POSITIONS:

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

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

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

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

SECTION 13. 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, 1999, and ending June 30, 2000 $ 232,328.00.

It is the intention of the Legislature that interest earned from any investment or deposit to the Board of Bar Admissions Fund made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited by the State Treasurer to the Board of Bar Admissions Fund and shall not be paid into the General Fund of Mississippi.

SECTION 14. Of the funds appropriated under the provisions of Section 13, 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 $ 93,990.00

Travel and Subsistence 9,000.00

Contractual Services 111,838.00

Commodities 10,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 7,500.00

Subsidies, Loans and Grants 0.00

Total $ 232,328.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 3

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

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

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 the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 funds appropriated for that purpose unless programs 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 15. 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 16. 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 17. 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 18. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund not otherwise appropriated to the Mississippi State Supreme Court, Administrative Office of the Courts and the Court of Appeals for the purpose of reauthorizing the computer system enhancement previously authorized, for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 550,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 1999.

SECTION 19. In addition to all other sums herein 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 to Administrative Office of Courts for the purpose of providing a Drug Treatment Court Program in Hinds County, for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 200,000.00.

The Drug Treatment Court Program funded above is established in the Administrative Office of Courts to facilitate the creation of drug treatment court programs in Hinds County. Funds shall be spent based upon the general guidelines set forth by the Director of the Administrative Office of Courts based on a program as approved by the Hinds County Board of supervisors.

SECTION 20. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, 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 21. This act shall take effect and be in force from and after July 1, 1999.