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2003 Session

Budget Bill - HB1400 (Chapter 1042)

Attorney General and Department of Law

Item 49

Item 49

First Year - FY2003Second Year - FY2004
Legal Advice (32000)$24,238,827
$22,149,927
$24,275,859
$21,693,433
State Agency/Local Legal Assistance and Advice (32002)FY2003 $24,238,827
$22,149,927
FY2004 $24,275,859
$21,693,433
Fund Sources:  
GeneralFY2003 $16,996,432
$14,907,532
FY2004 $17,033,464
$14,451,038
SpecialFY2003 $7,242,395FY2004 $7,242,395

Authority: Title 2.2, Chapter 5, Code of Virginia.


A. Out of the amounts for State Agency/Local Legal Assistance and Advice shall be paid:


1. The salary of the Attorney General, $110,667 the first year and $110,667 the second year.


2. Expenses of the Attorney General not otherwise reimbursed, $9,000 each year in equal monthly installments.


3. Salary expenses necessary to provide legal services pursuant to Title 2.2, Chapter 5, Code of Virginia.


B. Out of the amounts for State Agency/Local Legal Assistance and Advice $148,902 the first year and $148,902 the second year from the general fund is designated for efforts to enforce the Master Tobacco Settlement Agreement and § 3.1-336.2 of the Code of Virginia.


C. 1.The effective date of Chapters 946 and 985 of the 1999 Acts of Assembly, which establishes the civil commitment and treatment of sexual predators, is postponed to January 1, 2004.The provisions of Article 1.1, Chapter 2, of Title 37.1, Code of Virginia, shall be effective upon passage of House Bill 2445 of the 2003 General Assembly Session, Senate Bill 1149 of the 2003 General Assembly Session, or this act, whichever is first to be enacted.


2. Out of the amounts for State Agency/Local Legal Assistance and Advice, $200,000 from the general fund in the first year is provided to fund any necessary costs associated with the implementation of the civil commitment of sexually violent predator program not budgeted elsewhere in this act. If the Governor determines by June 1, 2003, that all or a portion of these funds are not needed, then these funds shall revert to the original purpose of the State Agency/Local Legal Assistance and Advice program.


D. Upon notification by the Attorney General, agencies that administer programs which are funded wholly or partially from nongeneral fund appropriations shall transfer to the Department of Law the necessary funds to cover the costs of legal services. The Attorney General shall determine the amounts for transfer.


E. The Attorney General shall review the decision of the U.S. Supreme Court in the case of Kansas v. Crane, decided on January 22, 2002, and determine what effect this decision may have on the implementation of Chapters 946 and 985 of the Acts of Assembly of 1999. The Attorney General shall make a report of his review, including any recommended changes to this legislation, to the Governor and the General Assembly by September 1, 2002.