House Bill 1686

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI OFFICE OF INDIGENT APPEALS FOR THE FISCAL YEAR 2008; 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 any special fund in the State Treasury to the credit of the Mississippi Office of Indigent Appeals which is comprised of special source funds collected by or otherwise available for the purpose of defraying the expenses of the Mississippi Office of Indigent Appeals for the fiscal year beginning July 1, 2007, and ending June 30, 2008...........................................

............................................ $ 1,234,245.00.

SECTION 2. Of the funds appropriated under the provisions of Section 1, 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$ 837,645.00

Travel and Subsistence.............. 43,000.00

Contractual Services..................... 311,100.00

Commodities.............................. 22,500.00

Capital Outlay:

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

Equipment........................... 20,000.00

Vehicles............................ 0.00

Wireless Communication Devices...... 0.00

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

Total.............................. $ 1,234,245.00

FUNDING:

General Funds........................... $ 0.00

Special Funds............................ 1,234,245.00

Total.............................. $ 1,234,245.00

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 or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

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 Indigent Appeals 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 2007. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2009 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 2008 budget request process.

SECTION 4. 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 5. It is the intention of the Legislature that the Director of the Office of Indigent Appeals shall have the authority to accept, budget and expend any source funds, not to exceed Five Hundred Thousand Dollars ($500,000.00). 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 the 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, 2007.