Senate Bill 2251

AN ACT TO AMEND SECTION 27-104-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CARRY OUT CERTAIN DUTIES WITH RESPECT TO THE ESTABLISHMENT OF AGENCY SPECIAL FUNDS; TO AMEND SECTION 93-21-117, MISSISSIPPI CODE OF 1972, TO LIMIT THE STATE DEPARTMENT OF HEALTH TO CHARGING FOR ADMINISTRATION OF DOMESTIC VIOLENCE FUNDS AN AMOUNT NOT TO EXCEED 10% OF THE DIRECT AND INDIRECT COSTS OF ADMINISTERING GRANTS MADE TO DOMESTIC VIOLENCE SHELTERS ANNUALLY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-104-3, Mississippi Code of 1972, is amended as follows:

27-104-3. (1) In addition to other powers and duties prescribed by statute, the Department of Finance and Administration shall have the following powers and duties, with regard to fiscal management:

(a) Provide direct technical assistance and training to state agencies and departments in implementing generally accepted accounting principles, in preparing financial statements as required by law, and in management and executive development.

(b) Provide temporary administrative services in financial accounting and public administration to any state agency, department or institution upon request of the governing board of the state agency, department or institution.

(c) Prepare and issue a comprehensive reference manual or manuals of policies and procedures for each state agency and department to use, which may include chapters on purchasing, personnel, payroll, travel, chart of accounts, fund classifications, receipts, warrants, expenditures, fixed assets, property inventory, and maintaining financial records and preparing financial reports as required and prescribed by law. The manual shall be revised on a continuing basis. The manual shall be prepared and revised in consultation with the State Auditor's office.

(d) Provide assistance to any state agency, department or institution in collecting a fee or other valid obligation that another agency, department or institution has failed to pay to it. For purposes of this paragraph, the agency, department or institution seeking to collect the funds shall be referred to as the "creditor agency," and the agency, department or institution that has not paid the creditor agency shall be referred to as the "delinquent agency." A valid obligation may be evidenced by an invoice or any other documentation as may be required by the Department of Finance and Administration, hereinafter referred to as the department. A creditor agency may request assistance from the department, and the department may require the creditor agency to furnish detailed information regarding the obligation. Upon determining that the delinquent agency owes the creditor agency a specific amount, the State Fiscal Officer shall pay to the creditor agency that amount out of any funds in the State Treasury to the credit of the delinquent agency. The State Fiscal Officer shall notify the creditor agency and the delinquent agency of the total amount of funds transferred. Either agency may appeal the transfer of funds or the failure to transfer funds, under rules and regulations promulgated by the department and approved by the Office of the State Auditor. The Department of Finance and Administration shall report any actions taken under this paragraph (d) to the Chairmen of the Appropriations Committees of the House of Representatives and the Senate on a quarterly basis.

(2) Respecting the establishment of special funds by state agencies, the Department of Finance and Administration shall have the following duties:

(a) To require that any agency heretofore be required by law to establish a special fund in the State Treasury within sixty (60) days of the effective date of this act;

(b) To hold in suspense any fines, fees or other public funds owing to such fund in suspense until such time as the agency has established the fund as required by law;

(c) To require that any agency required by law adopted during the 2014 Regular Session of the Legislature and thereafter, to establish such fund as soon as practicable after the effective date of this act;

(d) For agencies required to establish special funds by legislation adopted during the 2014 Regular Session of the Legislature and thereafter, to hold in suspense any fines, fees or other public funds owing to such fund in suspense until such time as the agency has established the fund as required by law;

(e) To establish regulations necessary and proper to carry forth the purposes of this subsection; and

(f) For purposes of this subsection, the term "agency" shall hold the meaning ascribed to it in Section 7-7-1, Mississippi Code of 1972.

(3) No agency shall expend or obligate any funds to be deposited to the credit of any special fund required by law until such time that the agency establishes such fund in the State Treasury.

SECTION 2. Section 93-21-117, Mississippi Code of 1972, is amended as follows:

93-21-117. (1) There is hereby created in the State Treasury a special fund to be known as the "Victims of Domestic Violence Fund." The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:

(a) Monies appropriated by the Legislature;

(b) The interest accruing to the fund;

(d) Monies received from the federal government;

(e) Donations;

(f) Assessments collected pursuant to Section 83-39-31; and

(g) Monies received from such other sources as may be provided by law.

(2) The circuit clerks of the state shall deposit in the fund on a monthly basis the additional fee charged and collected for marriage licenses under the provisions of Section 25-7-13, Mississippi Code of 1972.

(3) All other monies received from every source for the support of the program for victims of domestic violence, established by Sections 93-21-101 through 93-21-113, shall be deposited in the "Victims of Domestic Violence Fund." The monies in the fund shall be used by the State Department of Health solely for funding and administering domestic violence shelters under the provisions of Sections 93-21-101 through 93-21-113, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections 93-21-101 through 93-21-113. Not more than ten percent (10%) * * * of the value of grants made to shelters in any fiscal year may be charged by the Department of Health for direct and indirect costs associated with the administration of the programs authorized by this chapter.

SECTION 3. This act shall take effect and be in force from and after July 1, 2014.