MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Appropriations
By: Representative Baker
AN ACT TO AMEND SECTION 7-5-61, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ATTORNEY GENERAL'S CONTINGENT FUND SHALL BE A SEPARATE FUND OR ACCOUNT IN THE STATE TREASURY, AND THAT EXPENDITURES MAY BE MADE FROM THE CONTINGENT FUND ONLY UPON APPROPRIATION BY THE LEGISLATURE; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DEPOSIT ALL FUNDS RECEIVED BY HIS OFFICE IN THE STATE TREASURY IN THE MANNER AND WITHIN THE TIME SPECIFIED FOR OTHER PUBLIC FUNDS; TO PROVIDE THAT ALL FUNDS RECEIVED BY THE OFFICE OF THE ATTORNEY GENERAL SHALL BE CONSIDERED TO BE "PUBLIC FUNDS" AS DEFINED BY LAW; TO PROVIDE THAT THE REQUIREMENT OF THIS ACT TO DEPOSIT FUNDS IN THE STATE TREASURY SHALL APPLY TO ALL FUNDS THAT THE OFFICE OF THE ATTORNEY GENERAL RECEIVES FOR THE OFFICE, OR RECEIVES OR COLLECTS FOR, ON BEHALF OF, OR IN THE NAME OF THE STATE OF MISSISSIPPI OR ANY AGENCY, DEPARTMENT, INSTITUTION OR OFFICER OF THE STATE, REGARDLESS OF THE SOURCE OF THE FUNDS OR HOW THE FUNDS WERE RECEIVED; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL NOT BE AUTHORIZED TO MAINTAIN ANY FUNDS THAT ARE RECEIVED BY HIS OFFICE OUTSIDE OF THE STATE TREASURY UNLESS SPECIFICALLY AUTHORIZED BY LAW TO DO SO FOR THOSE FUNDS; TO PROVIDE THAT ANY PERSON OR ENTITY WITH WHICH THE ATTORNEY GENERAL HAS CONTRACTED TO REPRESENT THE STATE OF MISSISSIPPI IN LITIGATION ON BEHALF OF THE ATTORNEY GENERAL THAT RECEIVES OR IS ENTITLED TO RECEIVE MONIES AS A RESULT OF THAT LITIGATION THROUGH A COURT JUDGMENT OR SETTLEMENT AGREEMENT SHALL PAY THOSE MONIES TO THE OFFICE OF THE ATTORNEY GENERAL FOR DEPOSIT IN THE STATE TREASURY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 7-5-61, Mississippi Code of 1972, is amended as follows:
7-5-61. (1) In
addition to the keeping of the general docket as * * * required by Section 7-5-21,
the Attorney General shall keep in his office a comprehensive set of books
showing all receipts and disbursement of funds received by the office from
whatever source, including appropriations by the Legislature, the contingent
fund, and other funds. The Attorney General's contingent fund shall be a
separate fund or account in the State Treasury, and expenditures may be made
from the contingent fund only upon appropriation by the Legislature.
(2) * * *
The Attorney General
shall deposit all funds received by his office in * * * the State * * * Treasury in his name as
Attorney General of the State of Mississippi in the manner and within the
time specified in Sections 7-7-15 and 7-9-21 * * *; shall not commingle or mix any funds
received by him in his official capacity with his personal funds or other funds * * *; and shall make disbursement and
distribution * * * of
those funds within the time and in the manner required by law of state
officers. All funds received by the Office of the Attorney General shall be
considered to be "public funds" as defined in Section 7-7-1. The
requirement of this subsection to deposit funds in the State Treasury shall
apply to all funds that the Office of the Attorney General receives for the
office, or receives or collects for, on behalf of, or in the name of the State
of Mississippi or any agency, department, institution or officer of the state,
regardless of the source of the funds or how the funds were received, and to
all funds that the office receives under subsection (3) of this section. The
Attorney General shall not be authorized to maintain any funds that are
received by his office outside of the State Treasury unless specifically
authorized by law to do so for those funds.
The receipt of funds by the
Attorney General pending litigation or final determination as to the proper
distribution thereof may be held until * * * that adjudication or determination.
(3) Any person or entity with which the Attorney General has contracted to represent the State of Mississippi in litigation on behalf of the Attorney General that receives or is entitled to receive monies as a result of that litigation through a court judgment or settlement agreement shall pay those monies to the Office of the Attorney General for deposit in the State Treasury in the same manner as provided in subsection (2) of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.