SB 2196 — Mississippi Foster Care Fund; provide an additional assessment on drug/alcohol violations for foster care programs.

SB2196 (As SentPassed tothe Governor)Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Fillingane Senate Bill 2196 (As SentPassed tothe Governor)Senate) AN ACT TO AMEND SECTION 37-26-11, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE "MISSISSIPPI FOSTER CARE FUND" IN THE DEPARTMENTOFFICE OF CHILDATTORNEY PROTECTIONGENERAL SERVICES AND AUTHORIZE EXPENDITURES FOR THE SUPPORT OF ANY LICENSED OR CERTIFIED NONPROFIT FOSTER FAMILY/FOSTER CHILDREN;CHILDREN PROGRAM IN THE STATE;

TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL CRIMINAL ASSESSMENT ON DRUG OFFENSESAND ALCOHOL MISDEMEANORS AND FELONIES FOR THE MISSISSIPPI FOSTER CARE FUND TO BE USED FOR THOSESUCH FOSTER CARECHILDREN PROGRAMS;

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

     (2)  There is created in the State Treasury a special fund to be known as the Mississippi Foster Care Fund, which shall be administered by the DepartmentOffice of Childthe ProtectionAttorney Services. General.  The purpose of the fund shall be for supporting the services directly provided to foster families and foster children by programs,licensed persons or entitiescertified pursuant501(c)(3) programs to contractsfoster families and grantsfoster thatchildren, comply with Mississippi law, and for other related purposes.  Monies in the fund shall be expended by the department,Attorney General, upon appropriation by the Legislature,Legislature.  only for the purposes stated in this subsection, and only in such amounts as then exist in the fund.  The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:

          (c)  Monies received under the provisions of Section 99-19-73 and dedicated for the Mississippisupport Fosterof Carefoster Fund,families and foster children, ninety percent (90%) of which shall be used directly for supportinggrants the services directly provided to fosterqualified familiesnonprofit and foster children by programs, persons or entities pursuant to contracts and grants that comply with Mississippi law, and no more than ten percent (10%) of which shall be used for administrative purposes;

     ( * * *23)  From and after July 1, 2016, the expenses of the Children's Advocacy Centers Fund Program and the Mississippi Foster Care Fund Program shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.

[Deleted] Mississippi Foster Care Fund.............................[Deleted]      GENERAL FUND.....................................FUND..............................

$  243.50 * * *243.50 245.50      (3)  Game and Fish Law violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:

     FUND                                           FUND                                                 AMOUNT State Court Education Fund............................

$20.00                    (c) (c)  At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more..............................

     (12)  The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund.  All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.

 The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund.  All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.