Senate Bill 2904

(As Passed the Senate)

AN ACT MAKING AN ADDITIONAL APPROPRIATION OF BUDGET CONTINGENCY FUNDS TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEARS 2013 AND 2014; DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS FOR FISCAL YEAR 2013; THE OFFICE OF THE ATTORNEY GENERAL FOR CERTAIN LEGAL EXPENSES, JUDGMENTS, AND SETTLEMENTS FOR FISCAL YEAR 2013; AND FOR RELATED PURPOSES.

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

SECTION 1. In addition to all other sums previously appropriated, the following sum, or so much of it as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Budget Contingency Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Finance and Administration for the period beginning upon passage and through the fiscal year ending June 30, 2014....................................$ 6,644,715.00.

This additional appropriation is made 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.

SECTION 2. In addition to all other sums previously appropriated, the following sum, or so much of it as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Budget Contingency Fund, and allocated in a manner as determined by the Treasurer's office, to defray the expenses of the district attorneys, assistant district attorneys and criminal investigators for the period beginning upon passage and through the fiscal year ending June 30, 2013....$ 62,000.00.

This additional appropriation is made for the purpose of fully funding salaries and fringe benefits for district attorneys and staff.

SECTION 3. In addition to all other sums previously appropriated, the following sum, or so much of it as may be necessary, is appropriated out of any money in the Budget Contingency Fund, and allocated in a manner as determined by the Treasurer's Office, 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, 2013................ $ 2,418,515.00.

Of the funds appropriated in this section, the following amounts are provided:

(a) Olivia Y., et al v. Haley Barbour, as Governor; Donald Taylor, as Executive Director 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)................................$ 1,071,572.00.

(b) Olivia Y., et al v. Haley Barbour, as Governor; Donald Taylor, as Executive Director 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. 3:04:cv251(L)(N)...............................$ 288,402.00.

(c) C.B., by and through his next friend, Charleston DePriest, et al. v. Walnut Grove Correctional Authority, et al., United States District Court for the Southern District of Mississippi, Cause No. 3:10cv663-CWR-FKB.......$ 257,041.00.

(d) Kenney Brewer v. State of Mississippi, Circuit Court of Noxubee County, Mississippi, Claimant No. 2009-0099..............

...............................................$ 50,000.00.

(e) Levon Brooks v. State of Mississippi, Circuit Court of Noxubee County, Mississippi, Claimant No. 2009-0098..............

.................................................$ 50,000.00.

(f) Arthur Johnson v. State of Mississippi, Circuit Court of Sunflower County, Mississippi, Claimant No. 2009-0289-CI.........

.................................................$ 50,000.00.

(g) Cedric Willis v. State of Mississippi, Circuit Court of Hinds County, Mississippi, Claimant No. 251-09-649-CIV...........

.................................................$ 50,000.00.

(h) Calvin Wilks v. State of Mississippi, Circuit Court of Hinds County, Mississippi, Claimant No. 251-10-721-CIV............

..................................................$ 50,000.00.

(i) Gregory Paul Carr v. State of Mississippi, Circuit Court of Washington County, Mississippi, Claimant No. 2011-0007-CI.....

..................................................$ 50,000.00.

(j) Sabrina Butler Porter v. State of Mississippi, Circuit Court of Lowndes County, Mississippi, Claimant No. 2011-0014-CV1K..............................................$ 50,000.00.

(k) Rodney Demetrius Sands v. State of Mississippi, Circuit Court of Jefferson Davis County, Mississippi, Claimant No. 2011-7H ..................................................$ 50,000.00.

(l) “Estate of Larry Ruffin” v. State of Mississippi, Circuit Court of Forrest County, Mississippi, Claimant No. CI-11-0238..............................................$ 50,000.00.

(m) John Randall Alexander v. State of Mississippi, Circuit Court of Panola County, Mississippi, Claimant No. CV-2011-56JMP2............................................$ 50,000.00.

(n) Matthew Norwood v. State of Mississippi, Circuit Court of Hinds County, Mississippi, Claimant No. 251-10-861-CIV ..................................................$ 50,000.00.

(o) Phillip Bivens v. State of Mississippi, Circuit Court of Forrest County, Mississippi, Claimant No. CIll-0240...............

..................................................$ 50,000.00.

(p) “Estate of Bobby Ray Dixon” v. State of Mississippi, Circuit Court of Forrest County, Mississippi, Claimant No. CI11-0239............................................$ 50,000.00.

(q) Jimmie Bass v. State of Mississippi, Circuit Court of Bolivar County, Mississippi, Claimant No. 2011-0009.............

................................................$ 101,500.00.

(r) Counsel for Claimant Jimmie Bass – Attorney Robert McDuff and the Innocence Project of New Orleans.................

................................................$ 50,000.00.

SECTION 10. 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 11. This act shall take effect and be in force from and after its passage and through the fiscal year ending June 30, 2013, except for Section 1, which shall take effect and be in force beginning upon passage of this act and through the fiscal year ending June 30, 2014.