MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Appropriations
By: Representative Coleman (29th), Denny, Banks, Dickson, McBride
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI STATE SUPREME COURT WHICH IS COMPRISED OF THE SUPREME COURT, THE OFFICE OF THE SUPREME COURT CLERK AND THE STATE LAW LIBRARY AND TO PAY EXPENSES OF SPECIAL JUDGES, CHANCELLORS AND CIRCUIT JUDGES, AND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE ADMINISTRATIVE OFFICE OF COURTS AND CERTIFIED COURT REPORTERS, CONTINUING LEGAL EDUCATION, COURT OF APPEALS AND THE BOARD OF BAR ADMISSIONS, FOR THE FISCAL YEAR 2007; AND FOR RELATED PURPOSES.
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 Mississippi State Supreme Court for the fiscal year beginning July 1, 2006, and ending June 30, 2007
............................................ $ 5,398,942.00.
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 Mississippi State Supreme Court which is comprised of special source funds collected by or otherwise available to the Mississippi State Supreme Court, for the purpose of defraying the expenses of the Mississippi State Supreme Court for the fiscal year beginning July 1, 2006, and ending June 30, 2007 $ 356,816.00.
SECTION 3. Of the funds appropriated under the provisions of this act for the purpose of defraying the expenses of the Mississippi State Supreme Court, not more than the amounts 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$ 4,579,900.00
Travel and Subsistence.............. 265,000.00
Contractual Services..................... 570,858.00
Commodities.............................. 340,000.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 5,755,758.00
FUNDING:
General Funds........................... $ 5,398,942.00
Special Funds............................ 356,816.00
Total.............................. $ 5,755,758.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 73
Part Time........... 2
Time-Limited:Full Time........... 0
Part Time........... 0
SECTION 4. 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 to the Mississippi State Supreme Court for the purpose of defraying the expenses of special judges, chancellors and circuit judges for the fiscal year beginning July 1, 2006, and ending June 30, 2007.........................
............................................. $ 17,329,210.00.
SECTION 5. Of the funds appropriated under the provisions of this act for the purpose of defraying the expenses of special judges, chancellors and circuit judges, not more than the amounts 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$ 16,287,910.00
Travel and Subsistence.............. 465,000.00
Contractual Services..................... 92,300.00
Commodities.............................. 484,000.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 17,329,210.00
FUNDING:
General Funds........................... $ 17,329,210.00
Special Funds............................ 0.00
Total.............................. $ 17,329,210.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 99
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
It is the intention of the Legislature that of the funds allocated under the provisions of Section 4, the Mississippi Supreme Court may authorize an increase in any major object of expenditure, provided that there is a corresponding decrease in the other major object of expenditure.
Of the funds appropriated in Section 4 and allocated in Section 5, Three Million Seven Hundred Sixty Thousand Dollars ($3,760,000.00) is provided for the purpose of employing support staff in an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year per judge.
SECTION 6. 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 funding the Administrative Office of Courts for the fiscal year beginning July 1, 2006, and ending June 30, 2007................
............................................. $ 1,096,995.00.
SECTION 7. 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 Administrative Office of Courts for the purpose of defraying the expenses of the Administrative Office of Courts and the Board of Certified Court Reporters for the fiscal year beginning July 1, 2006, and ending June 30, 2007$ 12,618,140.00.
SECTION 8. Of the funds appropriated under the provisions of this act for the purpose of funding the Administrative Office of Courts, not more than the amounts 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$ 10,715,206.00
Travel and Subsistence.............. 32,000.00
Contractual Services..................... 287,929.00
Commodities.............................. 30,000.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 2,650,000.00
Total.............................. $ 13,715,135.00
FUNDING:
General Funds........................... $ 1,096,995.00
Special Funds............................ 12,618,140.00
Total.............................. $ 13,715,135.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 15
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
Of the funds appropriated in this section, One Hundred Fifty Thousand Dollars ($150,000.00) shall be used for providing a Drug Treatment Court Program in Hinds County.
The Drug Treatment Court Program funded above is established in the Administrative Office of Courts to facilitate the creation of drug treatment court programs in Hinds County. Funds shall be spent based upon the general guidelines set forth by the Director of the Administrative Office of Courts based on a program as approved by the Hinds County Board of Supervisors.
SECTION 9. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Continuing Legal Education Fund, a special fund hereby created in the State Treasury, for the purpose of defraying the expenses of providing continuing legal education programs to lawyers in Mississippi, for the fiscal year beginning July 1, 2006, and ending June 30, 2007$ 122,724.00.
It is the intention of the Legislature that interest earned from any investment or deposit to the Continuing Legal Education Fund made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited by the State Treasurer to the Continuing Legal Education Fund and shall not be paid into the General Fund of Mississippi.
SECTION 10. Of the funds appropriated under the provisions of this act for the purpose of providing continuing legal education programs, not more than the amounts 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$ 57,706.00
Travel and Subsistence.............. 10,318.00
Contractual Services..................... 33,150.00
Commodities.............................. 4,750.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 1,800.00
Subsidies, Loans and Grants.............. 15,000.00
Total.............................. $ 122,724.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
SECTION 11. 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 to the Mississippi State Supreme Court for the purpose of defraying the expenses of the Court of Appeals for the fiscal year beginning July 1, 2006, and ending June 30, 2007............................................. $ 4,207,180.00.
SECTION 12. Of the funds appropriated under the provisions of this act for the purpose of defraying the expenses of the Court of Appeals, not more than the amounts 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$ 3,590,831.00
Travel and Subsistence.............. 200,000.00
Contractual Services..................... 387,349.00
Commodities.............................. 29,000.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 4,207,180.00
FUNDING:
General Funds........................... $ 4,207,180.00
Special Funds............................ 0.00
Total.............................. $ 4,207,180.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 60
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
SECTION 13. 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 Board of Bar Admissions, for the purpose of defraying the expenses of the board for the fiscal year beginning July 1, 2006, and ending June 30, 2007 $ 390,335.00.
It is the intention of the Legislature that interest earned from any investment or deposit to the Board of Bar Admissions Fund made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited by the State Treasurer to the Board of Bar Admissions Fund and shall not be paid into the General Fund of Mississippi.
SECTION 14. Of the funds appropriated under the provisions of this act for the purpose of funding the Board of Bar Admissions, not more than the amounts 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$ 126,387.00
Travel and Subsistence.............. 20,500.00
Contractual Services..................... 226,348.00
Commodities.............................. 13,600.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 3,500.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 390,335.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 3
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 15. With the funds provided herein, it is the intention of the Legislature that the salaries of the legal research assistants shall not exceed the salary of a District Attorney, as set forth in Section 25-3-35, as follows:
(a) Director, Central Legal Staff, a salary not to exceed the salary of a District Attorney.
(b) Editor of Supreme Court Opinions, a salary not to exceed the salary of a District Attorney.
(c) Senior Staff Attorney with fifteen (15) years or more experience, a salary not to exceed ninety percent (90%) of the salary of a District Attorney.
(d) Senior Staff Attorney with eight (8) to fifteen (15) years of experience, a salary not to exceed eighty-five percent (85%) of the salary of a District Attorney.
(e) Senior Staff Attorney with four (4) to eight (8) years of experience, a salary not to exceed eighty percent (80%) of the salary of a District Attorney.
(f) Law Clerk with four (4) to eight (8) years of experience, a salary not to exceed sixty percent (60%) of the salary of a District Attorney.
(g) Law Clerk with less than four (4) years of experience, a salary not to exceed fifty-five percent (55%) of the salary of a District Attorney.
It is the further intention of the Legislature that any salary increases for the law clerks shall be phased in over two (2) years.
SECTION 16. No part of the funds herein appropriated shall be used in the payment of attorney's fees, nor shall any of such funds 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, to be recovered at suit of the Attorney General; however, when the relationship is by affinity and the person through whom the relationship was established is dead, this provision shall not apply.
SECTION 17. It is the intent of the Legislature that the Mississippi State Supreme Court shall charge the maximum amount allowable by law for services rendered where charges for such services are provided for by statute, and for any other services rendered, shall charge an amount consistent with the cost of providing such services. The funds derived from these charges shall be deposited into a special fund account in the State Treasury to the credit of the Office of the Mississippi State Supreme Court.
SECTION 18. It is the intent of the Legislature that no part of the funds herein appropriated shall be required to be used for the payment of rent for the public space in the Law Library.
SECTION 19. 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 20. In addition to all other sums herein appropriated, 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, to defraying the expenses of the Mississippi State Supreme Court, for the purpose of paying for unused personal leave arising from the death of an employee, for the fiscal year ending June 30, 2006 $ 196,918.00.
SECTION 21. 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 22. This act shall take effect and be in force from and after July 1, 2006, with the exception of Section 20, which shall take effect and be in force from and after its passage.