MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Representatives Read, Cockerham, Arnold, Beckett, Bennett, Bounds, Boyd, Busby, Clark, Clarke, Eure, Hines, Jackson, Turner, Watson, White, Young
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF THE ATTORNEY GENERAL FOR FISCAL YEAR 2023.
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 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, 2022, and ending June 30, 2023..................................
............................................ $ 29,857,765.00.
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, 2022, and ending June 30, 2023..................................................
............................................ $ 9,876,923.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: Full Time............ 88
Time-Limited: Full Time............ 229
With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for Personal Services for Fiscal Year 2024 do not exceed Fiscal Year 2023 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2023 budget by the Mississippi Legislature. The Legislature shall determine the agency’s personal services appropriation, which shall be published by the State Personnel Board. Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees. It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2023 do not exceed the data provided by the Legislative Budget Office. If the agency’s Fiscal Year 2023 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board with the exception of new hires that are determined to be essential for the agency.
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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
Funds have been appropriated herein for the purpose of funding Project SEC2 minimum salaries for all employees covered under the Colonel Guy Groff/Neville Kenning Variable Compensation Plan. It shall be the agency’s responsibility to ensure that the funds are used to increase all employees’ salaries up to the minimum level as determined by the State Personnel Board.
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 2022. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2024 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 2023 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:
FY2023
Performance Measures Target
Supportive Services
Cost of Support Services as Percent of
Budget, 2011-2012 Baseline: 5.10% 6.00
Training
Ratings of Continuing Legal Education
Training Presentation by Participants 95.00
Ratings of CRIMES System Training
Presentation by Participants 90.00
Litigation
Minimum Affirmations of Criminal
Convictions (%) 2011-2012 Baseline:
90.00% 85.00
Minimum Affirmations of Death Penalty
Appeals (%) 2011-2012 Baseline: 83.33% 80.00
Minimum Denial of Relief in Federal
Habeas Corpus (%) 2011-2012 Baseline:
86.96% 95.00
Minimum Pos Results of Civil Cases (%)
2011-2012 Baseline: 96.00% 94.00
Percent Change of Affirmations of
Criminal Convictions Attained 0.00
Percent Change of Death Penalty Review
Cases Affirmed 6.00
Percent of Change of Appeals for Relief
in Federal Habeas Corpus Cases Denied 3.00
Percent Change of Positive Results from
Civil Cases 1.00
Opinions
Percent Assigned to Attys in 3 Days or
Less, 2011-2012 Baseline: 100.00% 100.00
Percent of Opinions Completed in 30 Days
or Less, 2011-2012 Baseline: 76.00% 25.00
Percent Change of Opinion Requests
Assigned to Attorneys within 3 Days or
Less 0.00
Percent Change of Opinion Requests
Completed within 30 Days or Less 5.00
State Agency Contracts
Percent of Good & Excellent Ratings for
Legal Services, 2011-2012 Baseline:
94.00% 100.00
Percent Change of Good/Excellent Ratings
for Legal Services 0.00
Insurance Integrity Enforcement
Minimum Positive Results of Workers'
Compensation Cases (%) 2011-2012
Baseline: 90.00% 99.00
Minimum Positive Results of Insurance
Cases (%) 2011-2012 Baseline: 90.00% 99.00
Percent Change of Positive Results of
Workers' Compensation Insurance Fraud 5.00
Percent Change of Positive Results of
Other Insurance Cases 0.00
Other Mandated Programs
Medicaid Fraud Convictions vs
Dispositions (%) 2011-2012 Baseline:
100.00% 85.00
Medicaid Abuse Convictions vs
Dispositions (%) 2011-2012 Baseline:
95.00% 95.00
Minimum Defendants Convicted after
Indictments (PID) (%) 2011-2012
Baseline: 96.00% 90.00
Response to Consumer Complaints (Days)
2011-2012 Baseline: 3.14% 5
Average Number of Days to Respond to
Consumer Complaints 5
Percent Change of Medicaid Fraud
Convictions vs Dispositions 5.00
Percent Change of Medicaid Abuse
Convictions vs Dispositions 5.00
Percent Change of Defendants Convicted
After Indictment 0.00
Crime Victims Compensation
Percent of Claims Processed in 12 Weeks
or Less, 2011-2012 Baseline: 67.97% 80.00
Percent Change of Claims Processed Timely 0.00
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 2024.
SECTION 6. Of the funds appropriated under the provisions of Section 1, 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. Of the funds appropriated under the provisions of Section 1, the amount of One Million Dollars ($1,000,000.00), or so much thereof as may be necessary, shall be made available for expenditure by the Prosecutors Training Division.
SECTION 8. 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 9. 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 10. 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 11. Of the funds appropriated in Section 2, the sum of Six Hundred Eighty Thousand Dollars ($680,000.00) is provided from the Department of Health for the Alcohol and Tobacco Enforcement Unit.
SECTION 12. Of the funds appropriated in Section 2, Two Million Five Hundred Thousand Dollars ($2,500,000.00), or so much thereof, is provided for the purpose of providing funds to the Victims of Human Trafficking and Commercial Sexual Exploitation Fund.
SECTION 13. Of the funds appropriated under the provisions of Section 2, Three Hundred Fifty Thousand Dollars ($350,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the State Treasurer. These funds are provided to the Attorney General’s Office for the purpose of providing funds for equipment and vehicles for agency operations.
SECTION 14. Of the funds appropriated in Section 1, it is the intention of the Legislature that Five Million Six Hundred Ninety Thousand Three Hundred Forty-six Dollars ($5,690,346.00) may be allocated for the programs supported from General Fund court assessments as follows:
State Prosecutor Education................. $ 662,582.00
Crime Victims Compensation................. $ 1,901,332.00
Vulnerable Persons Training, Invest and
Prosecution Trust..................... $ 565,165.00
Child Support Prosecution Trust............. $ 128,475.00
Law Enforcement & Firefighters Disability
Benefits Trust........................ $ 133,666.00
Cyber Crime Unit........................... $ 944,722.00
Domestic Violence Training................. $ 376,580.00
Children's Advocacy Centers................ $ 554,489.00
Crime Victims Compensation Admin............ $ 347,547.00
Motorcycle Officer Training................ $ 62,763.00
District Attorney Operations............... $ 13,025.00
It is the intention of the Legislature that the Attorney General’s Office shall prepare and submit a quarterly report to the Chairmen of the Appropriation Committees of the Senate and House of Representatives that details the expenditures made for programs supported from General Fund court assessments allocated in this section.
SECTION 15. Of the funds appropriated in this act, funds are provided to defray the expenses of litigation defending the constitutionality of Mississippi statutes.
SECTION 16. 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 17. This act shall take effect and be in force from and after July 1, 2022.