MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Appropriations

By: Representatives Read, Dixon

House Bill 322

(As Passed the House)

AN ACT TO AMEND SECTION 99-41-29, MISSISSIPPI CODE OF 1972, TO DELETE THE LANGUAGE PROVIDING THAT THE EXPENSES OF THE CRIME VICTIMS' COMPENSATION FUND SHALL BE DEFRAYED BY APPROPRIATION FROM THE STATE GENERAL FUND AND THE LANGUAGE PROHIBITING STATE AGENCIES FROM CHARGING FEES AND ASSESSMENTS TO OTHER STATE AGENCIES FOR SERVICES OR RESOURCES RECEIVED UNDER THIS SECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 99-41-29, Mississippi Code of 1972, is amended as follows:

     99-41-29.  (1)  From and after July 1, 1990, there is hereby created in the State Treasury a special interest-bearing fund to be known as the Crime Victims' Compensation Fund.  The monies contained in the fund shall be used for the sole purpose of payment of awards of compensation to victims and claimants pursuant to this chapter, the payment of all necessary and proper expenses incurred by the division in the administration of this chapter, payment of sexual assault examinations pursuant to Section 99-37-25, payment of Address Confidentiality Program administrative expenses pursuant to Section 99-47-1(7) and payment of other expenses in furtherance of providing assistance to victims of crime through information referrals, advocacy outreach programs and victim-related services.  Expenditures from the fund shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, and upon requisitions signed by the Attorney General or his duly designated representative in the manner provided by law.  The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:  (a) monies appropriated by the Legislature for the purposes of compensating the victims of crime and other claimants under this chapter; (b) the interest accruing to the fund; (c) monies recovered by the director under the provisions of Section 99-41-21; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law.

     (2)  No compensation payments shall be made which exceed the amount of money in the fund.  The state shall not be liable for a written order to pay compensation, except to the extent that monies are available in the fund on the date the award is ordered.  The Attorney General shall establish such rules and regulations as shall be necessary to adjust awards and payments so that the total amount awarded does not exceed the amount of money on deposit in the fund.  Such rules and regulations may include, but shall not be limited to, the authority to provide for suspension of payments and proportioned reduction of benefits to all claimants; provided, however, no such reductions as provided for shall entitle claimants to future retroactive reimbursements in future years.

 * * * (3)  From and after July 1, 2016, the expenses of the Crime Victims Compensation Fund program (including the Crime Victims Compensation Administration Fund) shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.

(4)  From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.

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