MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Appropriations

By: Representative Read

House Bill 1617

(As Sent to Governor)

AN ACT MAKING AN ADDITIONAL APPROPRIATION OF GENERAL FUNDS, CAPITAL EXPENSE FUNDS, AND SPECIAL FUNDS TO DEFRAY THE EXPENSES OF THE OFFICE OF THE GOVERNOR-DIVISION OF MEDICAID FOR FISCAL YEAR 2018; THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEARS 2018 AND 2019; THE WIRELESS COMMUNICATION COMMISSION FOR FISCAL YEAR 2018; THE DEPARTMENT OF HUMAN SERVICES FOR FISCAL YEAR 2018; OFFICE OF THE ATTORNEY GENERAL FOR FISCAL YEAR 2018; THE BOARD OF TAX APPEALS FOR FISCAL YEAR 2018; THE DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES FOR FISCAL YEAR 2018; THE DEPARTMENT OF REHABILITATION SERVICES FOR FISCAL YEAR 2018; DEPARTMENT OF CORRECTIONS FOR FISCAL YEAR 2018; OIL AND GAS BOARD FOR FISCAL YEAR 2018; JACKSON STATE UNIVERSITY BOARD FOR FISCAL YEARS 2018 AND 2019; MISSISSIPPI STATE UNIVERSITY ALCOHOL SAFETY EDUCATION PROGRAM FOR FISCAL YEAR 2018; THE PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR FISCAL YEAR 2018; DEPARTMENT OF BANKING AND CONSUMER FINANCE FOR FISCAL YEAR 2018; DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEARS 2018 AND 2019; DEPARTMENT OF INSURANCE FOR FISCAL YEAR 2019; AND FOR RELATED PURPOSES.

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

SECTION 1.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the General Fund, and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Office of the Governor-Division of Medicaid for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018    $     16,500,000.00.

This additional appropriation is made for the purpose of supporting the operations of the Office of the Governor-Division of Medicaid.

SECTION 2.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Office of the Governor-Division of Medicaid, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Office of the Governor-Division of Medicaid for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018.......... $      45,000,000.00.

SECTION 3.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Finance and Administration for the period beginning upon the passage of this act and through June 30, 2019..............

............................................. $    4,559,746.00.

This additional appropriation is made for the purpose of purchasing property insurance on state property as required by the Stafford Act, Section 311, Paragraph 5154 and 44 CFR 206.252 and 206.253.

SECTION 4.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer’s Office, to defray the expenses of the Wireless Communication Commission for the period beginning upon the passage of this act and through June 30, 2018 $    2,384,494.00.

This additional appropriation is made for the purpose of paying contractual obligations for system maintenance.

SECTION 5.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the General Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Human Services for the period beginning upon the passage of this act and through June 30, 2018.......... $    12,000,000.00.

This additional appropriation is made for the purpose of  maximizing federal resources for the Department of Child Protection Service.

SECTION 6.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the State General Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of paying for certain outside legal assistance, expert witness fees, court fees, judgments and settlement agreements incurred by the Office of the Attorney General for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018...................

............................................. $    1,815,194.00.

Of the funds appropriated in this section, the following amounts are provided:

(a)  Olivia Y., et al v. Phil Bryant, as Governor of the State of Mississippi and the Department of Human Services, United States District Court for the Southern District of Mississippi, Jackson Division, Cause No. 3:04cv251(L)(N)............................................

.............................................. $      80,972.00.

(b)  Troupe v. Barbour, Consolidated with United States v. Mississippi, United States District Court for the Southern District of Mississippi; Civil Action No. 3:10-CV-153-HTW-MTP..............

.............................................. $     395,000.00.

(c)  Kenneth F. Murphy, Ray J. Murphy and Audie R. Murphy v. The State of Mississippi by and through Delbert Hosemann in his Official Capacity as the Secretary of State and Trustee of the Public Tidelands and The City of Bay Saint Louis, Mississippi, in the Circuit Court of Hancock County, Mississippi, Cause No. 12-0153................. $     39,501.00.

(d)  Gale Nelson Walker v. Office of the District Attorney of Hinds County, in the United States District Court for the Southern District Court for the Southern District of Mississippi; Cause No. 1:15cv-00364  $     31,825.00.

(e)  Ola Kirk v. Mississippi Department of Public Safety, et al., in the United States District Court for the Southern District of Mississippi; Civil Action No. 3:14-cv-537-WHB-RHW...........................

............................................... $     53,062.00.

(f)  Scott M. Favre Public Adjuster, LLC v. Delbert Hosemann, Secretary of State of the State of Mississippi, in his official capacity, and the City of Bay St. Louis, Mississippi, in the Circuit Court of Hancock County, Mississippi, Cause No. 12-0237.................

............................................... $    140,000.00.

(g)  Mark G. Ohman v. the State of Mississippi by and through Delbert Hosemann in his official capacity as Secretary of State and Trustee of the Public Tidelands Trust and the City of Bay St. Louis, Mississippi, in the Circuit Court of Hancock County, Mississippi, Cause No. 15-0098 $    137,500.00.

(h)  Settlement between the United States Environmental Protection Agency and the State of Mississippi, Site/Spill ID Number:04JF, CERCLA ID Number: MS D008154486, Settlement Agreement for the Recovery of Response Costs, Docket No. CERCLA-04-2014-3756

................................................ $     6,520.00.

(i)  Rick Parker v. Justin Rollins, Department of Public Safety, in the United States District Court for the Northern District of Mississippi, Civil Action Number 1:14-CV-231-SA-DAS

............................................... $    237,948.00.

(j)  State of Mississippi v. Dale Partners Architects P.A.; Earl Walls Associates aka NTH, Inc.; Eldridge & Associates; Environmental Management Plus; in the Circuit Court of Hinds County, Mississippi, Civil Action Number 14-666..................................................

............................................... $     78,778.00.

(k)  Kennedy Brewer v. State of Mississippi, Circuit Court of Noxubee County, Mississippi, Claimant No. 2009-0099....................

............................................... $     50,000.00.

(l)  Levon Brooks v. State of Mississippi, Circuit Court of Noxubee County, Mississippi, Claimant No. 2009-0098....................

............................................... $     50,000.00.

(m)  Arthur Johnson v. State of Mississippi, Circuit Court of Sunflower County, Mississippi, Claimant No. 2009-0289-CI.......

............................................... $     50,000.00.

(n)  Cedric Willis v. State of Mississippi, Circuit Court of Hinds County, Mississippi, Claimant No. 251-09-649-CIV...............

............................................... $     50,000.00.

(o)  Sabrina Porter v. State of Mississippi, Circuit Court of Lowndes County, Mississippi, Claimant No. 2011-0014-CV1K...............

............................................... $     29,000.00.

(p)  Estate of Larry Ruffin v. State of Mississippi, Circuit Court of Forrest County, Mississippi, Claimant No. CI-11-0238...........

............................................... $     50,000.00.

(q)  Phillip Leo Bivens v. State of Mississippi, Circuit Court of Forrest County, Mississippi, Claimant No. CI-11-0240...........

............................................... $     50,000.00.

(r)  Estate of Bobby Ray Dixon v. State of Mississippi, Circuit Court of Forrest County, Mississippi, Claimant No. CI-11-0239 $     50,000.00.

(s)  Jimmie Bass v. State of Mississippi, Circuit Court of Bolivar County, Mississippi, Claimant No. 2011-0009....................

............................................... $     50,000.00.

(t)  Rolland Glen Anderson v. State of Mississippi, Circuit Court of Hinds County, Mississippi, Claimant No. 251-09-640CIV..........

............................................... $     50,000.00.

(u)  Jamar Amin Moore v. State of Mississippi, in the Circuit Court of Coahoma County; Civil Action No. 14-CI-13-0011.................

............................................... $     50,000.00.

(v)  Jason Hall v. State of Mississippi, in the Circuit Court of Forrest County; Cause No. CI 14-0014........... $     50,000.00.

(w)  Jason Hall v. State of Mississippi , in the Circuit Court of Forrest County; Cause No. CI 14-0014, attorney fees............

............................................... $     35,088.00.

SECTION 7.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the General Fund, and allocated in a manner as determined by the Treasurer’s Office, to defray the expenses of the Board of Tax Appeals for the period beginning upon the passage of this act and through June 30, 2018...................... $     19,000.00.

This additional appropriation is made for the purpose of supporting the operations of the Board of Tax Appeals.

SECTION 8.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Mississippi Department of Information Technology Services, and allocated in a manner as determined by the Treasurer's Office for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018.............................$   3,000,000.00.

This additional appropriation is made to defray the expenses of the department.

SECTION 9.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the General Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Rehabilitation Services and allocated in a manner as determined by the Treasurer's Office for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018...

.............................................. $   1,841,012.00.

This additional appropriation is for federal match requirements for waiver services in order to achieve maintenance of effort.

SECTION 10.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Rehabilitation Services for the period beginning upon the passage of this act and through June 30, 2018..............

............................................. $    2,035,362.00.

This additional appropriation is for federal match requirements for waiver services in order to achieve maintenance of effort.

SECTION 11.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Corrections for the period beginning upon the passage of this act and through June 30, 2018............. $  7,111,185.00.

This additional appropriation is made for the purpose of paying contractual obligations at Private Prisons and Medical expenses.

SECTION 12.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the General Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Oil and Gas Board for the period beginning upon the passage of this act and through June 30, 2018........................... $    36,900.00.

This additional appropriation is made for the purpose of paying expenses of the Board.

SECTION 13.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of Jackson State University Board for the period beginning upon the passage of this act and through June 30, 2019......... $   1,800,000.00.

This additional appropriation is made for the purpose of defraying the costs of the School of Public Health.

SECTION 14.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Mississippi State University Alcohol Safety Education Program, and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Mississippi State University Alcohol Safety Education Program for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018   

............................................... $    198,106.00.

This additional appropriation is for the purpose of offering classes throughout the state.

SECTION 15.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Public Employees' Retirement System, and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Public Employees' Retirement System for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018....................................... $    800,000.00.

This additional appropriation is for the purpose of continuing expenses of the System.  The State Personnel Board shall adjust the Fiscal Year 2018 projected annual cost for the System to account for additional salary dollars appropriated herein.

SECTION 16.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Department of Finance and Administration, and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Department of Finance and Administration for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018. $    2,100,000.00.

This additional appropriation is for the purpose of repair and renovation.

SECTION 17. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Department of Banking and Consumer Finance, and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Department for the period beginning upon passage of this act and through the fiscal year ending June 30, 2018   

.............................................. $     307,907.00.

     This additional appropriation is made for the purpose of defraying the legal costs of the Department.

SECTION 18.  In addition to all other sums herein appropriated, the following sum or so much thereof as may be necessary, is appropriated out of any money to the credit of the Department of Public Safety, to defray the expenses of the Department of Public Safety for the period beginning upon the passage of this act and through June 30, 2019.........

................................................. $5,000,000.00.

This additional appropriation is made for the purpose of a Highway Patrol Trooper School.

SECTION 19.  In addition to all other sums herein appropriated,  the following sum, or so much thereof as may be necessary, and contingent upon the passage of Senate Bill No 2467, 2018 Regular Session, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Rural Fire Truck Acquisition Fund and/or the Supplemental Rural Fire Truck Fund, which was created in Section 1, Laws of 2004, Third Extraordinary Session, to the Mississippi Department of Insurance for the Rural Fire Truck Acquisition Assistance Program for the fiscal year beginning July 1, 2018, and ending June 30, 2019...

............................................. $    1,800,000.00.

     Of the funds appropriated in the section, Five Hundred Thousand Dollars ($500,000.00) is provided for fire apparatus used for fighting or extinguishing fire used with automobile fire engines or ladder trucks.

     SECTION 20.  This act shall take effect and be in force from and after its passage, except for Sections 3, 13, 18 which shall take effect after passage and through June 30, 2019, and except for Section 19 which shall take effect and be in force from and after July 1, 2018.