House Bill 1813

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF CAPITAL POST-CONVICTION COUNSEL OF THE STATE OF MISSISSIPPI FOR THE FISCAL YEAR 2003.

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 Capital Post-Conviction Counsel of the State of Mississippi for the fiscal year beginning July 1, 2002, and ending June 30, 2003........................ $ 655,568.00.

SECTION 2. Of the funds appropriated under the provisions of Section 1, not more than the amount 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$ 411,929.00

Travel and Subsistence.............. 28,500.00

Contractual Services..................... 185,075.00

Commodities.............................. 27,564.00

Capital Outlay:

Other Than Equipment................ 0.00

Equipment........................... 2,500.00

Subsidies, Loans and Grants.............. 0.00

Total.............................. $ 655,568.00

FUNDING:

General Funds........................... $ 655,568.00

Special Funds............................ 0.00

Total.............................. $ 655,568.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 6

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

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

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

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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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 3. It is the intention of the Legislature that the Office of Capital Post-Conviction Counsel shall have the authority to accept, budget and expend any source funds not to exceed Two Million Dollars ($2,000,000.00). Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.

SECTION 4. It is the intention of the Legislature that the Director of the Office of Capital Post-Conviction Counsel is hereby authorized to transfer any funds authorized to defray the expenses of the office, not to exceed Two Hundred Thousand Dollars ($200,000.00), to the Special Capital Post-Conviction Fund, and to escalate, budget and expend funds, not to exceed Two Hundred Thousand Dollars ($200,000.00), in accordance with the rules and regulations of the Department of Finance and Administration, for the purpose of paying fees and expenses to private counsel, including investigative and expert witness expenses from the Special Capital Post-Conviction Fund, in accordance with Section 99-39-117, Mississippi Code of 1972.

SECTION 5. 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 6. This act shall take effect and be in force from and after July 1, 2002, with the exception of Section 4 which shall take effect and be in force from and after its passage.