MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Representatives Read, Cockerham, Arnold, Beckett, Bennett, Bounds, Boyd, Busby, Clark, Clarke, Eure, Hines, Jackson, Turner, Watson, White, Young, Stamps
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF PAYING SALARIES AND TRAVEL EXPENSES OF DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS OF THE STATE AND PAYING OFFICE EXPENSES OF DISTRICT ATTORNEYS FOR THE FISCAL YEAR 2023.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of paying salaries and travel expenses of district attorneys, assistant district attorneys, criminal investigators, tort claims assessments, and paying office expenses of district attorneys for the fiscal year beginning July 1, 2022, and ending June 30, 2023..................................................
............................................ $ 27,021,964.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Prosecutor Compensation Fund, referred to in Section 99-19-73, Mississippi Code of 1972, for the purpose of paying salaries of assistant district attorneys of the state as authorized in Section 25-31-5(1) for the fiscal year beginning July 1, 2022, and ending June 30, 2023 $ 811,633.00.
SECTION 3. None of the funds authorized in this section shall be used to reimburse district attorneys or their staff for taxable meals incurred within their geographical district.
SECTION 4. Of the funds appropriated herein, office expenses of district attorneys as authorized by Section 25-31-8, Mississippi Code of 1972, in the amount of One Million Two Hundred Seventy-seven Thousand Dollars ($1,277,000.00).
SECTION 5. Of the funds appropriated in Section 1, office expenses and such funds for salaries shall be provided as authorized in Section 25-3-35(6), Mississippi Code of 1972, to fund the salary for one (1) full-time legal assistant in the Sixth Circuit Court District as authorized in Section 25-31-5(2)(f), Mississippi Code of 1972.
SECTION 6. It is the intention of the Legislature that the district attorneys and assistant district attorneys of the state shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated in this act and that those records shall be in the same format and level of details as maintained for Fiscal Year 2022. It is further the intention of the Legislature that the budget requests for Fiscal Year 2024 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 2023 budget request process for each agency and institution appropriated funds within the provisions of this act.
SECTION 7. It is the intention of the Legislature that with the funds provided herein, the district attorneys shall submit their Five-Year Strategic Plan(s) as required in Section 27-103-129(1), Mississippi Code of 1972.
SECTION 8. (1) In addition to all other funds appropriated herein, 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 Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the credit of the District Attorney’s and Staff, for the fiscal year beginning July 1, 2022, and ending June 30, 2023. $ 1,027,785.00
These funds are provided for the purpose of funding additional salaries and office expenses of temporary legal assistants and support personnel as authorized by Section 25-31-5(2)(g), Mississippi Code of 1972, necessary to respond to the effects of the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.
(2) None of the funds provided under this section shall be used to pay employee premium payments.
(3) The agency shall not disburse any funds provided under this section to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the agency's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of ARPA. In addition, the agency shall ensure that all funds provided under this section are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.
(4) As a condition of receiving and expending the funds provided to the agency under this section, the agency shall certify to the Department of Finance and Administration that each expenditure of the funds provided to the agency under this section complies with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA.
(5) If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA (a) determines that the agency or recipient has expended or otherwise used any of the funds provided to the agency under this section for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by the ARPA, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the agency or recipient, then the agency or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.
SECTION 9. 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 10. This act shall take effect and be in force from and after July 1, 2022.