House Bill 1538

(As Passed the House)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF CAPITAL DEFENSE COUNSEL OF THE STATE OF MISSISSIPPI FOR THE FISCAL YEAR 2004.

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 Defense Counsel of the State of Mississippi for the fiscal year beginning July 1, 2003, and ending June 30, 2004$ 606,261.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Office of Capital Defense Counsel of the State of Mississippi for the purpose of defraying the expenses of the office for the fiscal year beginning July 1, 2003, and ending June 30, 2004$ 120,000.00.

SECTION 3. With the funds appropriated under the provisions of Section 1, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time 9

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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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 4. It is the intention of the Legislature that the Director of the Office of Capital Defense Counsel shall have the authority to accept, budget and expend any source funds, not to exceed Two Hundred Thousand Dollars ($200,000.00). Such funds are to be escalated in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with escalation of federal funds.

SECTION 5. It is the intention of the Legislature that none of the funds appropriated by this act shall be expended for increased charges for State and School Employees' Health Insurance Plan premium rates assessed by the Department of Finance and Administration in excess of the Fiscal Year 2003 premium rates for the health insurance plan.

SECTION 6. 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 7. This act shall take effect and be in force from and after July 1, 2003.