MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Appropriations

By: Representative Coleman (29th), Denny, Banks, Dickson, McBride

House Bill 1681

(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 2008.

†††† 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, 2007, and ending June 30, 2008...............

............................................ $†††† 9,695,245.00.

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, 2007, and ending June 30, 2008†

............................................ $††† 18,925,238.00.

†††† SECTION 3.† With the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:

† AUTHORIZED POSITIONS:

Permanent:††† Full Time........... †††† 126

Part Time........... †††††† 0

Time-Limited:Full Time........... †††† 168

Part Time........... †††††† 0

†††† Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to the realignment component of the Variable Compensation Plan or One Thousand Five Hundred Dollars ($1,500.00), whichever is greater, to be awarded on July 1, 2007.

†††† With the funds herein appropriated, it is the intention of the Legislature that it shall be the agencyís responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2009 do not exceed Fiscal Year 2008 funds appropriated for that purpose, unless programs or positions are added to the agencyís Fiscal Year 2008 budget by the Mississippi Legislature.† Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act.† It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2008 appropriations for "Personal Services" when annualized, with the exception of escalated funds and educational benchmarks.† If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2008 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.† On January 1, 2008, the State Personnel Board will make adjustments to the structure side of the compliance report based on data provided by the Legislative Budget Office in order for agencies to award educational benchmarks.

†††† Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act.† The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.† The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

†††† 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.† It is the intention of the Legislature that the Office of the Attorney General shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2007.† It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2009 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2008 budget request process.

†††† SECTION 5.† 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:

††††††††††††††††††††††††††††††††††††††††††††††††††††††††† FY2008

Performance Measures††††††††††††††††††††††††††††††††††††† Target

Supportive Services

†††† Cost of Support Services as Percentage

††††††††† of Budget (%)†††††††††††††††††††††††††††††††††††† 6.18

†††† DFA Error Exception Slips per Month (Items)††††††††††††† 36

Training

†††† Approval on Prosecutors Training (%)†††††††††††††††††††† 95

Litigation

†††† Minimum Affirmations 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

Opinions

†††† Assigned to Attorneys in 3 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

Insurance Integrity Enforcement

†††† Minimum Positive Results of Workers'

††††††††† Compensation Cases (%)††††††††††††††††††††††††††††† 80

†††† Minimum Positive Results of Insurance

††††††††† Cases (%)†††††††††††††††††††††††††††††††††††††††††† 80

Other Mandated Programs

†††† Medicaid Fraud Convictions vs

††††††††† Dispositions (%)††††††††††††††††††††††††††††††††††† 80

†††† Medicaid Abuse Convictions vs

††††††††† Dispositions (%)††††††††††††††††††††††††††††††††††† 80

†††† Minimum Defendants Convicted After

††††††††† Indictments (%)†††††††††††††††††††††††††††††††††††† 90

†††† Response to Consumer Complaints (Days)††††††††††††††††††† 7

†††† Minimum Positive Results of Consumer

††††††††† Cases (%)†††††††††††††††††††††††††††††††††††††††††† 75

Crime Victims Compensation

†††† Claims Received (Claims)††††††††††††††††††††††††††††††† 925

†††† Average Compensation Award ($)††††††††††††††††††††††† 4,200

†††† Claims Processed in 12 Weeks or

††††††††† Less (%)††††††††††††††††††††††††††††††††††††††††††† 70

†††† 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 2009.

†††† SECTION 6.† 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 7.† 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 8.† Of the funds appropriated under the provisions of Section 2, the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), or so much thereof as may be necessary, shall be made available for expenditure by the Prosecutors Training Division.

†††† SECTION 9.† 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 10.† 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 11.† 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 12.† 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 Commission on the Status of Women for the fiscal year beginning July 1, 2007, and ending June 30, 2008†† $††††††† 50,000.00.

SECTION 13.† 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 Mississippi Commission on the Status of Women for the purpose of defraying the expenses of the commission for the fiscal year beginning July 1, 2007, and through June 30, 2008$†††††† 100,000.00.

†††† This appropriation is made for the purpose of providing funds to defray the expenses of the Mississippi Commission on the Status of Women as established pursuant to Sections 43-59-1 through 43-59-14, Mississippi Code of 1972.

†††† SECTION 14.† It is the intention of the Legislature that the Attorney Generalís Office shall have the authority to accept, budget and expend any source funds not to exceed Five Million† Five Hundred Thousand Dollars ($5,500,000.00) that become available to the office for programs that serve unmet needs of "at-risk" youth in the state, including, but not being limited to, Boys and Girls Clubs, Big Brothers Big Sisters of America, Communities in Schools, adolescent offender programs, after-school and summer projects, and the State Coalition of Young Menís Christian Association (YMCA), and to carry out the provisions of those funds in a manner consistent with the rules and regulations of the Department of Finance and Administration.† Of the funds authorized in this section, no more than Two Million Five Hundred Thousand Dollars ($2,500,000.00) shall be allocated among Boys and Girls Clubs, Big Brothers Big Sisters of America, and Communities in Schools, and not more than Two Million Two Hundred Fifty Thousand Dollars ($2,250,000.00) shall be allocated to the State Coalition of Young Men's Christian Association (YMCA).† Of the funds authorized in this section, Three Hundred Thousand Dollars ($300,000.00) shall be allocated for use by adolescent offender programs to pilot a program implemented by Learning Through Sports, and Two Hundred Thousand Dollars ($200,000.00) shall be allocated to after-school and summer projects to pilot a program implemented by the Institute of America's Health, and Two Hundred Fifty Thousand Dollars ($250,000.00) shall be allocated to after-school and summer projects for programs implemented by the Cal Ripken, Sr. Foundation.† The Attorney Generalís Office is further authorized to escalate an amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000.00) for purposes of this section.

†††† SECTION 15.† It is the intention of the Legislature that the Attorney Generalís Office shall have the authority to accept, budget and expend any funds resulting from the State Farm lawsuit not to exceed One Million Dollars ($1,000,000.00) in the same manner as escalations of federal funds.† It is further the intention of the Legislature that these funds be used for programs implemented by Boys and Girls Clubs and by the Cal Ripken, Sr. Foundation.

†††† SECTION 16.† It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference.† A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

†††† SECTION 17.† Of the funds appropriated in Section 2, it is the intention of the Legislature that Eight Hundred Thousand Dollars ($800,000.00) shall be derived from the Tobacco Control Commission.

†††† SECTION 18.† Of the funds appropriated in Section 2, Twenty-five Thousand Dollars ($25,000.00) of the Ameriquest settlement fund shall be transferred to the Department of Banking and Consumer Finance for the purpose of assisting in developing, in conjunction with the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, a national licensing system for the residential mortgage industry.

†††† SECTION 19.† 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 20.† This act shall take effect and be in force from and after July 1, 2007.