MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, Blackwell, Frazier, Williams
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2022.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum of money, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to defray the expenses of the Mississippi Development Authority for the fiscal year beginning July 1, 2021, and ending June 30, 2022..........................
............................................ $ 19,602,646.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Development Authority or the appropriate special fund for the purpose of defraying the expenses incurred in the operation of the various divisions of the authority for the fiscal year beginning July 1, 2021, and ending June 30, 2022 $ 80,363,812.00.
SECTION 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time............ 190
Part Time............ 1
Time-Limited: Full Time............ 42
Part Time............ 0
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2023 do not exceed Fiscal Year 2022 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2022 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation or realignment. If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report of each action approved by the State Personnel Board to the chairmen of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairmen of the Appropriations Committees of the Senate and House of Representatives. It shall be the responsibility of the agency head to ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2022 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2022 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
SECTION 4. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2022
Performance Measures Target
Global Business
National recruitment contacts 1,000
International investment contracts 1,800
International trade contacts 1,000
Qualified national prospects 225
Return on investment (ROI) 10
Number of new businesses - Global contacts 15
Number of new jobs from Global contacts 3,000
Minority & Small Business Dev
Minority & Small Business contacts 8,000
Minority Business certification
applications processed 150
Technical assistance to disadvantaged
contacts 2,300
State contracting with Minority Business
businesses ($) 45,000,000.00
Financial Resources
Requests for financing or incentives 250
Existing Industry & Business
Interactions with interested businesses 2,500
Number of qualified contacts 750
Number of expansions 30
Jobs created from expansions 3,000
Energy
Energy Efficiency & Renewable Energy
Direct Contacts 12,000
Community Services
Awarded Grants and Loans for Community
and Economic Development ($) 50,000,000.00
Number of grants and loans awarded 100
Support Services
Administration as a percent of Total Budget 9.50
Tourism
Number of tourist inquiries generated 37,875
Number of visitors per year 25,000,000
Travel Revenue (Billions) 6.80
Welcome Centers
Tourist Registered (persons) 2,226,000
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2023.
SECTION 5. Of the funds appropriated in Section 2, the amount of Eight Hundred Thousand Dollars ($800,000.00) shall be provided from the Mississippi Department of Transportation to defray the expenses of the Mississippi Development Authority in operating the state welcome centers.
SECTION 6. It is the intention of the Legislature that the Mississippi Development Authority 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 2021. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2023 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 2022 budget request process.
SECTION 7. Of the funds appropriated in Sections 1 and 2, the amount of Four Million Eight Hundred Seventy-six Thousand Two Hundred Ninety-eight Dollars ($4,876,298.00), or so much thereof as may be necessary, is provided for the purpose of supporting Mississippi Tourism Advertising and Promotion for Fiscal Year 2022, and shall not be expended for any type of cultural exchange program. Of the funds appropriated herein and allocated within this section, Two Hundred Ninety-nine Thousand Dollars ($299,000.00) is provided for Tourism Grant Development Awards.
SECTION 8. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."
SECTION 9. 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 10. It is the intention of the Legislature that the Mississippi Development Authority shall submit a notification of any General Fund Transfers out of the major category Subsidies into any other major categories to the Legislative Budget Office.
SECTION 11. Of the funds appropriated in Section 1, Twenty Thousand Twenty-five Dollars ($20,025.00) shall be provided for the support of the Mississippi River Parkway Commission.
SECTION 12. Of the funds appropriated in Section 1, Four Hundred Thousand Dollars ($400,000.00) shall be transferred to Innovate Mississippi.
SECTION 13. Of the funds appropriated in Section 1, One Hundred Fifty-six Thousand Dollars ($156,000.00) is provided for the Energy High School Academy, established by Senate Bill 2928, 2019 Regular Session.
SECTION 14. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the Mississippi Development Authority for the purpose of reauthorizing the expenditure of Capital Expense Funds for the Air Service Development Act, as authorized in SB 2868, 2015 Regular Session, for the fiscal year beginning July 1, 2021, and ending June 30, 2022.................................. $ 321,579.00.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance of June 30, 2021.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2021.
Of the funds reappropriated in this section, the following sums are provided for projects recommended by the department and projects that meet the criteria outlined in Section 57-119-9, Mississippi Code of 1972:
(a) To assist the City of Gautier
with the Gautier Town Center Development......... $ 3,500,000.00.
(b) To assist Power Dynamics Innovations,
LLC with Equipment and Facility Upgrades......... $ 1,550,000.00.
(c) To assist the City of Bay St. Louis
with the Old Town Police Department.............. $ 1,000,000.00.
(d) To assist the City of Bay St. Louis
with the Old Town Depot Revitalization
District....................................... $ 1,500,000.00.
(e) To assist the City of Diamondhead
with the Commercial District Transformation
Project........................................ $ 1,500,000.00.
(f) To assist the Stone County School
District with the Stone County High School
Career and Technical Education Center............ $ 3,200,000.00.
(g) To assist the University of Southern
Mississippi with the Ocean Enterprise Phase I.... $ 7,000,000.00.
(h) To assist the Walter Anderson Museum
Creative Complex Phase I and begin Phase II...... $ 750,000.00.
(i) To assist the City of Ocean Springs
and the OHOS Development LLC with a
Public/Private Development...................... $ 2,000,000.00.
(j) To assist the Gulfport School with
a STEM Exploration Lab.......................... $ 100,000.00.
(k) To assist the City of Biloxi with
downtown revitalization at the Saenger Theater... $ 2,000,000.00.
(l) To assist Hancock County Port and
Harbor Commission with the multi-user
aero strip at Stennis Airport................... $ 2,500,000.00.
Of the funds appropriated in this section, the following sums are provided for projects that meet the criteria outlined in Section 57-119-9, Mississippi Code of 1972:
(a) To assist Harrison County with
the Harrison County Law Enforcement
Training Academy................................ $ 3,000,000.00.
(b) To assist George Regional Health System
with a multi-specialty medical office complex.... $ 2,157,035.00.
(c) To assist George Regional Health System
with a cafeteria expansion and renovation........ $ 1,080,510.00.
(d) To assist Mississippi State University
with the Mississippi Cyber Center............... $ 3,500,000.00.
(e) To assist the Port of Pascagoula
with the North Rail Connector................... $ 6,600,000.00.
(f) To assist Jackson County Economic
Development Foundation with site development and
related support of a defense supplier............ $ 1,400,000.00.
(g) To assist the Pascagoula Redevelopment
Authority with the Innovation Center............. $ 1,000,000.00.
(h) To assist the Pascagoula Redevelopment
Authority with the City Center.................. $ 4,000,000.00.
(i) To assist the Institute for Marine
Mammal Studies with Educational Classrooms
and Dorms....................................... $ 3,000,000.00.
(j) To assist the City of Pass Christian
with redevelopment and revitalization............ $ 750,000.00.
(k) To assist the City of Long Beach
with development and revitalization.............. $ 2,000,000.00.
(l) To assist the city of Long Beach
with the Quarles House.......................... $ 2,000,000.00.
(m) To assist George County with a rail connection project:
(1) George County rail and highway
improvements for Enviva project................. $ 1,600,000.00.
(2) Mississippi Export Railroad for
the Enviva project.............................. $ 1,000,000.00.
SECTION 16. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Gulf Coast Restoration Fund not otherwise appropriated for the Mississippi Development Authority for the purpose of reauthorizing the expenditure of Gulf Coast Restoration Fund, as authorized in SB 2977, 2020 Regular Session , for the fiscal year beginning July 1, 2021, and ending June 30, 2022............................................. $5,500,000.00.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2021.
Of the funds reappropriated in this section the following sums are provided for the following programs:
(a) For the Mississippi Development Authority
and the Air Service Development Incentive
Program.......................................... $2,500,000.00.
(b) For the Mississippi Development Authority
and the Quality of Place Incentives Program........ $3,000,000.00.
Of these funds, One Million Dollars ($1,000,000.00) is provided for the development of a South Mississippi defense and space industry strategy for small companies to compete for defense related contracts to include government, industry and academia.
SECTION 17. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Gulf Coast Restoration Fund not otherwise appropriated for the Mississippi Development Authority for the purpose of reauthorizing the expenditure of Gulf Coast Restoration Fund, as authorized in SB 2977, 2020 Regular Session, for the fiscal year beginning July 1, 2021, and ending June 30, 2022............................................... $500,000.00.
These funds are provided for Mississippi Development Authority’s administrative expenses as outlined in Section 57-119-7, Mississippi Code of 1972. Prior to expending any funds in this section, the Mississippi Development Authority shall implement a project management system that provides for full tracking and reporting of the amounts appropriated, reappropriated and expended for each project funded by the Gulf Coast Restoration Fund in this act. The Mississippi Development Authority shall provide quarterly reports on the status of these projects to the Legislative Budget Office and the Department of Finance and Administration. The Mississippi Development Authority shall provide the Joint Legislative Budget Committee a detailed report and other such related information on each project's expenditures with the subsequent fiscal year’s budget submission.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2021.
SECTION 18. It is the intention of the Legislature that the Mississippi Development Authority may provide operational support to any park operated by the United States National Park Service in Mississippi during the event of a government shutdown that materially affects the operations of such park.
SECTION 19. 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 20. This act shall take effect and be in force from and after July 1, 2021, and shall stand repealed from and after June 30, 2021.