MISSISSIPPI LEGISLATURE
2008 Regular Session
To: Appropriations
By: Senator(s) Nunnelee, Dearing
AN ACT MAKING AN ADDITIONAL APPROPRIATION OF STATE GENERAL FUNDS AND SPECIAL FUNDS TO DEFRAY THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH FOR FISCAL YEAR 2008, GOVERNOR’S OFFICE – DIVISION OF MEDICAID FOR PRIOR YEARS AND FISCAL YEAR 2008, THE MISSISSIPPI DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2008, THE MISSISSIPPI SUPREME COURT – TRIAL JUDGES FOR FISCAL YEAR 2008, THE MISSISSIPPI SUPREME COURT, ADMINISTRATIVE OFFICE OF COURTS FOR FISCAL YEAR 2008, PAYING BONDS AND INTEREST ON THE FULL FAITH AND CREDIT BONDS OF THE STATE OF MISSISSIPPI FOR FISCAL YEAR 2008, THE DEPARTMENT OF CORRECTIONS FOR PRIOR YEARS AND FISCAL YEAR 2008, THE OFFICE OF THE STATE AUDITOR FOR FISCAL YEAR 2008, THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER - SCHOOL OF DENTISTRY FOR FISCAL YEAR 2008, THE OFFICE OF THE ATTORNEY GENERAL FOR CERTAIN LEGAL EXPENSES, JUDGEMENTS, AND SETTLEMENTS FOR FISCAL YEAR 2008, THE GOVERNOR'S OFFICE AND STAFF FOR FISCAL YEAR 2008, THE MISSISSIPPI OIL AND GAS BOARD FOR FISCAL YEAR 2008, THE MISSISSIPPI BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND SURVEYORS FOR FISCAL YEAR 2008, THE MISSISSIPPI STATE BOARD OF CONTRACTORS FOR FISCAL YEAR 2008, THE MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE FOR FISCAL YEAR 2008, AND THE MISSISSIPPI OFFICE OF CAPITAL POST – CONVICTION COUNSEL FOR FISCAL YEAR 2008 AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 defray the expenses of the Mississippi Department of Mental Health, for the purpose of providing Medicaid matching funds at certain community mental health centers, for the fiscal year ending June 30, 2008...................$10,000,000.00.
SECTION 2. 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 Treasury to the credit of the Mississippi Department of Mental Health, for the purpose of defraying the expenses of the department for the fiscal year ending June 30, 2008...........................$39,546,000.00.
The funds provided in this section are allocated as follows:
Mississippi State Hospital...........$9,831,000.00
Boswell Regional Center..............$5,780,000.00
East Mississippi State Hospital......$1,337,000.00
Ellisville State School..............$8,296,000.00
Hudspeth Regional Center.............$6,400,000.00
North Mississippi Regional Center....$3,556,000.00
South Mississippi Regional Center....$4,346,000.00
SECTION 3. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, not otherwise appropriated, to the Governor's Office - Division of Medicaid, for the purpose of funding the medical and administrative services provided by the division for the period beginning upon passage and through the fiscal year ending June 30, 2008..........................................$ 71,800,000.00.
Of the funds appropriated in this section, the Division of Medicaid is authorized to pay prior year invoices for Fiscal Year 2005 in an amount not to exceed Eighty-Eight Thousand Three Hundred Forty-six Dollars and Forty-six Cents ($88,346.46).
SECTION 4. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Governor's Office - Division of Medicaid, for the purpose of providing the authority to expend any matching Medicaid funds that become available for a period beginning upon passage and through the fiscal year ending June 30, 2008.......................................$ 287,200,000.00.
SECTION 5. 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 defray the expenses of the Governor's Office-Division of Medicaid, for the purpose of funding a temporary program to provide nonemergency transportation to locations for necessary dialysis services for end-stage renal disease patients who are sixty-five (65) years of age or older or are disabled as determined under Section 1614(a)(3) of the federal Social Security Act, as amended, whose income did not exceed one hundred thirty-five percent (135%) of the nonfarm official poverty level as defined by the Office of Management and Budget, and whose eligibility was covered under the former category of eligibility known as PLADS (Poverty Level Aged and Disabled), for the period beginning upon passage of this act and through the fiscal year ending June 30, 2009............................. $ 2,252,760.00.
SECTION 6. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, not otherwise appropriated to the Department of Finance and Administration, for the purpose of repaying the federal government for its share of funds transferred by the State to the Budget Contingency Fund in previous fiscal years from certain self-insurance and internal service funds for the period beginning upon passage and through the fiscal year ending June 30, 2008............................................$ 1,638,104.00.
SECTION 7. In addition to all other sums heretofore appropriated, 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 Department of Finance and Administration, for the purpose of purchasing property insurance on state property as required by the Stafford Act, Section 311, Paragraph 5154 and 44 CFR 206.252 and 206.253, and House Bill No. 4, Fifth Extraordinary Session of 2005, for the period beginning upon passage and through the fiscal year ending June 30, 2009....................................$ 3,500,000.00.
SECTION 8. In addition to all other sums heretofore appropriated, 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 Department of Finance and Administration, for the purpose of funding six (6) new Assistant District Attorneys, two (2) new Criminal Investigators and unused personal leave payments for the period beginning upon passage and through the fiscal year ending June 30, 2008........
.................................................$ 1,247,808.00.
SECTION 9. In addition to all other sums heretofore appropriated, 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 Supreme Court, for the purpose of funding five (5) new trial judges and associated staff and the expense of special judges used in the litigation of insurance claims related to Hurricane Katrina for the period beginning upon passage and through the fiscal year ending June 30, 2009............................$ 912,600.00.
SECTION 10. In addition to all other sums heretofore appropriated, 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 Supreme Court, Administrative Office of Courts for the purpose of continued funding for a research statistician position for the period beginning upon passage and through the fiscal year ending June 30, 2008......................................$ 57,000.00.
SECTION 11. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Supreme Court, Administrative Office of Courts, for the purpose of allowing the expenditure of additional funds received by the Drug Court Fund for the period beginning upon passage and through the fiscal year ending June 30, 2008..........................$ 2,500,000.00.
SECTION 12. In addition to all other sums heretofore appropriated, 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 paying bonds and interest on the full faith and credit bonds of the State of Mississippi for the period beginning upon passage of this act and through the fiscal year ending June 30, 2008.................
...............................................$ 34,000,000.00.
SECTION 13. In addition to all other sums heretofore appropriated, 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 Department of Corrections, for the purpose of funding the Local Confinement, Medical Services and the Support programs for the period beginning upon passage and through the fiscal year ending June 30, 2008...........................................$ 19,933,092.00.
The funds provided in this section are allocated as follows:
Local Confinement.......$7,328,781.00
Medical Services........$7,609,956.00
Support.................$4,994,355.00
Of the funds appropriated in this section, the Mississippi Department of Corrections is authorized to pay prior year invoices for Fiscal Year 2007 in an amount not to exceed Four Million Four Hundred Twenty-six Thousand Seven Hundred Sixty-three Dollars ($4,426,763.00).
SECTION 14. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, not otherwise appropriated to the Office of the State Auditor, for the purpose of defraying the cost of litigation for the period beginning upon passage and through the fiscal year ending June 30, 2009...........................$ 180,000.00.
SECTION 15. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, not otherwise appropriated to the University of Mississippi Medical Center for the purpose of defraying the cost of construction, replacing equipment and supplies due to a fire at the School of Dentistry Biomedical Materials Science Laboratory for the period beginning upon passage and through the fiscal year ending June 30, 2008............................$ 1,500,000.00.
SECTION 16. In addition to all other sums heretofore appropriated, 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 paying for certain outside legal assistance, expert witness fees, court fees, judgments and settlement agreements incurred by the Office of the Attorney General for the period beginning upon passage and through the fiscal year ending June 30, 2008........ $ 233,286.00.
SECTION 17. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Budget Contingency Fund created in Section 27-103-301, Mississippi Code 1972, not otherwise appropriated for the purpose of paying for certain outside legal assistance, expert witness fees, court fees, judgments and settlement agreements incurred by the Office of the Attorney General for the period beginning upon passage and through the fiscal year ending June 30, 2008............. $ 8,485,939.00.
SECTION 18. Of the funds provided in Sections 16 and 17, the following amounts are provided:
(a) Olivia Y., et al v. Haley Barbour, as Governor; Donald Taylor, as Exec. Dir. of DHS; and Billy Mangold, as Director of the Division of Family and Children's Services and the Department of Human Services, United States District Court for the Southern District of Mississippi, Jackson Division, Cause No. 3:04cv251(L)(N)................................... $ 937,000.00.
(b) Severance Tax Recovery - Pursue Energy Corporation, Case No. 02-05339-JEE-11 .............................. $ 1,654,777.00.
(c) Brown and Williamson/Ligget Tobacco Settlement Payments .... ...................................................$ 7,225.00.
(d) Sixteenth Section Land Litigation ........... $ 5,349.00.
(e) Jean Boudreaux and the victims of the flood on April 6, 1983, of the Tangipahoa River Number 71408 Div. "D" - 21st JDC, Parish of Tangipahoa .................................... $ 152.00.
(f) State of MS. ex rel. Attorney General Jim Hood on behalf of Mississippi Land Water and Resources Board and Mississippi Development Authority vs. Facility Construction Management Inc. and Facility Holding Corp .............. $ 250,000.00.
(g) Albert Brown vs. Mississippi Department of Health ...................................................$ 205,165.00.
(h) Pam Knight vs. Mississippi Department of Public Safety .................................................. $ 154,411.00.
(i) Larry Taylor vs. Mississippi Tax Commission . $ 76,088.00.
(j) Jeffery Presley et al vs. Christopher Epps, et al ........
.................................................. $ 350,000.00.
(k) Anthony Duncan vs. Billy Dillon, et al....... $ 500.00.
(l) Emily Parker and Shea Rushing vs. Ricky Quinn dba The Prescription Shoppe and Greg Quinn dba B & R Pharmacy and Jeff Palmer, individually and as a former agent of the Bureau of Narcotics......................................... $ 15,000.00.
(j) Olivia Y., et al v. Haley Barbour, as Governor; Donald Taylor, as Exec. Dir. of DHS; and Billy Mangold, as Director of the Division of Family and Children's Services and the Department of Human Services, United States District Court for the Southern District of Mississippi, Jackson Division, Cause No. 3:04cv251(L)(N), Plaintiff Attorneys - Children's Rights, Inc.... ...............................................$ 4,863,558.00.
(k) Chamber of Commerce of United States of America v. Attorney General Michael Moore and Secretary of state Eric Clark.......
..............................................$ 200,000.00.
SECTION 19. In addition to all other sums heretofore appropriated, 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 Governor's Office and Staff for the purpose of defraying extraordinary legal expenses for a period beginning upon passage and through the fiscal year ending June 30, 2009.................$ 120,000.00.
SECTION 20. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi State Oil and Gas Board, for the purpose of continuing the implementation of a comprehensive data management computerization program for the period beginning upon passage and through the fiscal year ending June 30, 2008.................................$ 328,834.00.
SECTION 21. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Board of Licensure for Professional Engineers and Surveyors, for the purpose of defraying the implementation of an online licensure renewal system for the period beginning upon passage and through the fiscal year ending June 30, 2008....................................$ 25,000.00.
SECTION 22. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi State Board of Contractors, for the purpose of defraying legal fees incurred for conducting additional hearings for the period beginning upon passage and through the fiscal year ending June 30, 2008......
.................................................$ 50,000.00.
SECTION 23. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Commission on Judicial Performance for the purpose of defraying the expense of a new investigator and disciplinary hearings for the period beginning upon passage and through the fiscal year ending June 30, 2008..........................................$ 20,000.00.
SECTION 24. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Office of Capital Post-Conviction Counsel for the purpose of defraying the expense of an additional attorney to prevent a backlog of cases for the period beginning upon passage and through the fiscal year ending June 30, 2008..........................................$ 49,000.00.
SECTION 25. The money herein appropriated shall be paid by the State Treasurer out of any money in 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 26. This act shall take effect and be in force from
and after its passage, except for Sections 5, 7, 9 and 14 which shall take effect and be in force from and after its passage.