MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Appropriations

By: Senator(s) Hopson

Senate Bill 2956

(As Sent to Governor)

AN ACT MAKING AN ADDITIONAL APPROPRIATION OF CAPITAL EXPENSE FUNDS, AND SPECIAL FUNDS TO DEFRAY THE EXPENSES OF THE OFFICE OF THE ATTORNEY GENERAL FOR FISCAL YEAR 2021 AND FISCAL YEAR 2022; THE MISSISSIPPI DEPARTMENT OF CORRECTIONS FOR FISCAL YEAR 2021; THE DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2021; MISSISSIPPI STATE SUPREME COURT FOR FISCAL YEAR 2021; THE VETERANS AFFAIRS BOARD FOR FISCAL YEAR 2021; THE WIRELESS COMMUNICATION COMMISSION FOR FISCAL YEAR 2021; MISSISSIPPI EMERGENCY MANAGEMENT AGENCY FOR FISCAL YEAR 2021; THE DEPARTMENT OF MENTAL HEALTH FOR FISCAL YEAR 2021; THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES FOR FISCAL YEAR 2021; THE SECRETARY OF STATE FOR FISCAL YEAR 2021; THE STATE DEPARTMENT OF AGRICULTURE AND COMMERCE FOR FISCAL YEAR 2021; THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2021; THE DEPARTMENT OF REVENUE FOR FISCAL YEAR 2021; THE GOVERNOR'S OFFICE - DIVISION OF MEDICAID FOR FISCAL YEAR 2021; THE MISSISSIPPI BOARD OF ANIMAL HEALTH FOR FISCAL YEAR 2021; THE STATE BOARD OF MEDICAL LICENSURE FOR FISCAL YEAR 2021; 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 Capital Expense 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 July 1, 2020, and ending June 30, 2021............................ $  1,102,066.00.

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

(a)  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...........................................

............................................... $     31,449.00.

(b)  Settlement between the United States Environmental Protection Agency and State of Mississippi; Chemfax Inc., Superfund Site, Gulfport, Harrison County, Mississippi, Site/Spill ID Number:  04JF, CERCLA ID Number: MSD008154486, Settlement Agreement for the Recovery of Response Costs, Docket No. CERCLA-04-2014-3756............ $     17,492.00.

(c)  Express Oil Change, LLC and TE, LLC d/b/a Tire Engineers v. Mississippi State Board of Licensure for Professional Engineers and Surveyors, et al. 3:16cv414-HTW-LRA.............. $    192,533.00.

(d)  Mann Agency, LLC v. Mississippi Department of Public Safety Claimant....................................... $     43,672.00.

(e)  Joseph Thomas. Vernon Avers. and Melvin Lawson v. Tate Reeves Civil Action No. 3:18-cv-00441-CWR-FKB (S.D. Miss)...............

............................................... $    401,920.00.

(f)  Larry Ruffin Estate v. State of Mississippi, Circuit Court of Forrest County, Mississippi, Claimant

No. CI-11-0238.................................. $     50,000.00.

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

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

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

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

(i)  Tyler Edmonds v. State of Mississippi, Circuit Court of Oktibbeha County, Mississippi, Cause No. 2009-0457-CV............

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

(j)  Natasha Orlantha Stewart v. State of Mississippi, Circuit Court of Hinds County, Mississippi, Civil Action No. 25C11:17-cv-00349 $     50,000.00.

(k)  Curtis Flowers v. State of Mississippi, Circuit Court of Montgomery County, Mississippi, Case No. 1:20-cv-00150...........

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

(l)  Curtis Flowers v. State of Mississippi, Circuit Court of Montgomery County, Mississippi, Case No. 1:20-cv-00150 (attorney fees)............................................... $     50,000.00.

(m)  Harvill Payne Richardson, Circuit Court of Harrison County, Mississippi, Cause No. A2402202087............. $     50,000.00.

(n)  Harvill Payne Richardson, Circuit Court of Harrison County, Mississippi, Cause No. A2402202087 00150 (attorney fees)........

............................................... $     15,000.00.

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 Capital Expense 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 ending June 30, 2022............... $    751,735.00.

     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.3:03cv251(L)(N).............................. $     62,500.00.

(b)  Amos et al. v. Taylor et al. 20-cv-00007-DMB-JMV (N.D. Miss); Lang, et al. v. Cain, et al., 4:20-cv-030-DMB RP (N.D. Miss); Brittany Waddell, et al. v. Taylor, et al., Civil Action No. 3:20-cv-340-TSL-RHW (S.D. Miss.).................................... $    509,519.00.

(c)  Jackson Women's Health Organization et al v. Dobbs et al., 3:18-cv-00171-CWR-FKB (S.D. Miss)............... $     75,000.00.

(d)  United States v. State of Mississippi, 3:16-cv-622-CWR-FKB (S.D. Miss)..................................... $     83,794.00.

(e)  Special Master as Required by Order of the Federal Court regarding United States v. State of Mississippi 3:16-cv-00622-CWR-FKS ( S.D. Miss)...................................... $     10,000.00.

(f)  IRS Representation vs State Agencies... $     10,922.00.

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 Mississippi Department of Corrections for the fiscal year beginning July 1, 2020, and ending June 30, 2021. $  8,225,975.00.

     This additional appropriation is for the purpose of defraying medical program expenses.

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 Mississippi Department of Corrections for the fiscal year beginning July 1, 2020, and ending June 30, 2021. $  5,310,823.00.

     This additional appropriation is for the purpose of defraying regional facilities expenses.

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 Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Mississippi Department of Corrections for the fiscal year beginning July 1, 2020, and ending June 30, 2021. $  5,507,734.00.

     This additional appropriation is for the purpose of defraying private prison facility expenses.

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 Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Mississippi Department of Corrections for the fiscal year beginning July 1, 2020, and ending June 30, 2021. $  2,626,170.00.

     This additional appropriation is for the purpose of defraying local confinement facility expenses.

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 Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Department of Public Safety for the fiscal year beginning July 1, 2020, and ending June 30, 2021........... $  1,522,743.00.

     This additional appropriation is for the purpose of defraying expenses of an additional Highway Patrol Trooper School class.

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 State Supreme Court for the fiscal year beginning July 1, 2020, and ending June 30, 2021. $    375,000.00.

     This additional appropriation is for the purpose of defraying the expenses for special judge appointments.

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 Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Veterans Affairs Board for the fiscal year beginning July 1, 2020, and ending June 30, 2021............... $   5,250,000.00.

     This additional appropriation is for the purpose of defraying agency operational expenses.

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 Wireless Communication Commission for the fiscal year beginning July 1, 2020, and ending June 30, 2021. $    331,057.00.

     This additional appropriation is for the purpose of defraying expenses of contractual obligations for system maintenance.

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 Mississippi Emergency Management Agency for the fiscal year beginning July 1, 2020, and ending June 30, 2021 $  6,818,328.00.

     This additional appropriation is for the purpose of providing funding to the Disaster Trust Fund.

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 Department of Mental Health and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Department of Mental Health for the fiscal year beginning July 1, 2020, and ending June 30, 2021. $ 20,000,000.00.

     This additional appropriation is for the purpose of defraying agency operational expenses.

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 Mississippi Department of Information Technology Services and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the department for the fiscal year beginning July 1, 2020, and ending June 30, 2021.

............................................... $    700,000.00.

     This additional appropriation is for the purpose of providing services to support state agencies as needed.

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 Secretary of State and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Secretary of State for the fiscal year beginning July 1, 2020, and ending June 30, 2021............................ $    267,479.00.

     This additional appropriation is for the purpose of defraying agency operational expenses.

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 State Department of Agriculture and Commerce and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the State Department of Agriculture and Commerce for the fiscal year beginning July 1, 2020, and ending June 30, 2021...........................................................

............................................... $     76,120.00.

     This additional appropriation is for the purpose of defraying agency operational expenses.

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 fiscal year beginning July 1, 2020, and ending June 30, 2021..................................................

............................................... $    124,370.00.

     This additional appropriation is for the purpose of defraying agency operational expenses.

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 Revenue and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Department of Revenue for the fiscal year beginning July 1, 2020, and ending June 30, 2021............... $    554,193.00.

     This additional appropriation is for the purpose of defraying agency operational expenses.

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 Governor's Office - Division of Medicaid and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Governor's Office - Division of Medicaid for the fiscal year beginning July 1, 2020, and ending June 30, 2021...........................................................

.............................................. $ 199,710,000.00.

     This additional appropriation is for the purpose of providing additional federal matching funds for mandated Medicaid medical services.

SECTION 19.  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 Board of Animal Health and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Mississippi Board of Animal Health for the fiscal year beginning July 1, 2020, and ending June 30, 2021.... $      15,000.00.

     This additional appropriation is for the purpose of providing spending authority for a nonfederal grant received for disease control to purchase equipment.

SECTION 20.  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 Board of Medical Licensure and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the State Board of Medical Licensure for the fiscal year beginning July 1, 2020, and ending June 30, 2021.... $      75,000.00.

     This additional appropriation is for the purpose of defraying agency operational expenses.

     SECTION 21.  This act shall take effect and be in force from and after passage.