MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Appropriations
By: Representatives Frierson, Johnson, Coleman (29th), Banks, Barker, Beckett, Coleman (65th), DeLano, Eaton, Shows
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF CAPITAL POST-CONVICTION COUNSEL OF THE STATE OF MISSISSIPPI FOR THE FISCAL YEAR 2016.
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 appropriated out of any money in any special fund in the State Treasury to the credit of the Office of Capital Post-Conviction Counsel which is comprised of special source funds collected by or otherwise available to the office for the fiscal year beginning July 1, 2015, and ending June 30, 2016..................................................
............................................ $ 859,879.00.
SECTION 2. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 7
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.
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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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 Capital Post-Conviction Counsel 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 2015. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2017 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 2016 budget request process.
SECTION 4. It is the intention of the Legislature that the Office of Capital Post-Conviction Counsel shall have the authority to accept, budget and expend any source funds not to exceed Two Million Dollars ($2,000,000.00) for the purpose of outside legal counsel and legal fees. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.
SECTION 5. 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 6. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
SECTION 7. It is the intention of the Legislature that with the funds appropriated by this act, the agency head may award up to a five percent (5%) salary increase or any amount equal to the Fiscal Year 2016 realignment component of the Variable Compensation Plan, whichever is less, to any employee of the agency whose salary has not increased since July 1, 2011. It shall be the responsibility of the agency head to ensure that these awarded salary increases, when annualized, will not result in the need to increase agency funding above the Fiscal Year 2016 appropriated level.
SECTION 8. 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 9. This act shall take effect and be in force from and after July 1, 2015.