House Bill 1407

AN ACT TO AMEND SECTION 37-26-11, MISSISSIPPI CODE OF 1972, TO REQUIRE AN ANNUAL APPROPRIATION BY THE LEGISLATURE TO THE CHILDREN'S ADVOCACY CENTERS FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-26-11, Mississippi Code of 1972, is amended as follows:

37-26-11. (1) There is created in the State Treasury a special fund to be known as the Children's Advocacy Centers Fund, which shall be administered by the Office of the Attorney General. The purpose of the fund shall be for training forensic interviewers in child abuse and child sexual abuse cases, training law enforcement officers and prosecutors about child abuse cases, expanding the number of Children's Advocacy Centers of Mississippi to underserved areas, and other related purposes. Monies in the fund shall be expended by the Attorney General, upon appropriation by the Legislature. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:

(a) * * *~~Monies appropriated~~ Annual appropriations by the Legislature in the amount of Three Million Dollars ($3,000,000.00) each fiscal year, beginning with the 2023 fiscal year, for the purposes of funding the Children's Advocacy Centers of Mississippi;

(b) The interest accruing to the fund;

(d) Monies received from the federal government;

(e) Donations; and

(f) Monies received from such other sources as may be provided by law.

(2) There is created in the State Treasury a special fund to be known as the Mississippi Foster Care Fund, which shall be administered by the Department of Child Protection Services. The purpose of the fund shall be for supporting the services directly provided to foster families and foster children by programs, persons or entities pursuant to contracts and grants that comply with Mississippi law, and for other related purposes. Monies in the fund shall be expended by the department, upon appropriation by the Legislature, only for the purposes stated in this subsection, and only in such amounts as then exist in the fund. 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 funding the Mississippi Foster Care Fund;

(b) The interest accruing to the fund;

(c) Monies received under the provisions of Section 99-19-73 for the Mississippi Foster Care Fund, ninety percent (90%) of which shall be used directly for supporting the services directly provided to foster families and foster children by programs, persons or entities pursuant to contracts and grants that comply with Mississippi law, and no more than ten percent (10%) of which shall be used for administrative purposes;

(d) Monies received from the federal government;

(e) Donations; and

(f) Monies received from such other sources as may be provided by law.

(3) From and after July 1, 2016, the expenses of the Children's Advocacy Centers Fund Program 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, 2022.