REPORT OF CONFERENCE COMMITTEE

 

MR. SPEAKER AND MADAM PRESIDENT:

 

   We, the undersigned conferees, have had under consideration the amendments to the following entitled BILL:

 

H. B. No. 1731:  Appropriation; Office of Capital Defense Counsel.

 

  We, therefore, respectfully submit the following report and recommendation:

 

  1.  That the Senate recede from its Amendment No. 1.

 

  2.  That the House and Senate adopt the following amendment:

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

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, 2004, and ending June 30, 2005$       684,154.00.

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, 2004, and ending June 30, 2005$       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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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 Office of Capital Defense Counsel 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 2004.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 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 2005 budget request process.

     SECTION 5.  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 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, 2004.

 

CONFEREES FOR THE HOUSE          CONFEREES FOR THE SENATE

X (SIGNED)	X (SIGNED)
Johnny W. Stringer	Jack Gordon
X (SIGNED)	X (SIGNED)
Linda Coleman	Johnnie E. Walls, Jr.
X (SIGNED)	X (SIGNED)
Warner F. McBride	Bennie L. Turner