MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary A; Appropriations

By: Representative Coleman (29th)

House Bill 782

(As Sent to Governor)

AN ACT TO AMEND SECTION 25-31-8, MISSISSIPPI CODE OF 1972, TO CLARIFY THE OFFICE OPERATING ALLOWANCE OF THE DISTRICT ATTORNEY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 25-31-8, Mississippi Code of 1972, is amended as follows:

     25-31-8.  From and after July 1, 2006, in all circuit court districts in this state existing now or hereafter created, the district attorney shall receive from sums appropriated for such purpose from the General Fund or any special fund of the State of Mississippi, an office operating allowance for the necessary expenses of operating the office of the district attorney, including stenographic help, and other items and expenditures necessary and incident to the investigation of criminal cases, the general expenses of the office of the investigation of criminal cases, the general expenses of the office of the district attorney for preparing and/or trying felony cases and all other cases requiring the services of the district attorney, the sum of Thirty-five Thousand Dollars ($35,000.00) for each district, and an additional Four Thousand Dollars ($4,000.00) for each assistant authorized by Section 25-31-5(1) * * *.  All expenditures made from such office operating allowances shall be upon written requisition of the duly elected district attorney to the State Auditor, as otherwise provided by law.  The district attorney may delegate to the board of supervisors of any county in his district the responsibility and authority to employ and set the salary of not more than one (1) employee for the office of such district attorney, such salary to be paid as other expenditures are paid from the funds provided by this section.  Such employee shall be deemed to be appointed and employed by the board of supervisors and the salary shall not be deemed to be a pecuniary benefit provided by the district attorney's office.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.