Bill Text: MS HB1638 | 2019 | Regular Session | Enrolled


Bill Title: Appropriation; Capital Post-Conviction Counsel, Office of.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-04-16 - Approved by Governor [HB1638 Detail]

Download: Mississippi-2019-HB1638-Enrolled.html

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Appropriations

By: Representatives Read, Snowden, Banks, Beckett, Bennett, Boyd, Clarke, Cockerham, Hines, Watson, Sykes, Dixon

House Bill 1638

(As Sent to Governor)

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 2020.

     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 the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Office of Capital Post-Conviction Counsel, for the fiscal year beginning July 1, 2019, and ending June 30, 2020.................................

............................................ $     1,683,742.00.

SECTION 2.  Of the funds appropriated under the provisions of Section 1, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........        9

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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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 2019.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2021 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 2020 budget request process.

     SECTION 4.  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 5.  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 6.  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 7.  The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the General Fund not otherwise appropriated, for the Office of Capital Post-Conviction Counsel for the purpose of reauthorizing the expenditure of General Funds for agency operations, as authorized in HB 1586, 2018 Regular Session, for the fiscal year beginning July 1, 2019, and ending June 30, 2020 $    130,000.00.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2019.

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