MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Senator(s) Hopson

Senate Bill 3055

(As Passed the Senate)

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 2022 AND FISCAL YEAR 2023; THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2022; THE WIRELESS COMMUNICATION COMMISSION FOR FISCAL YEAR 2022; THE JOINT REAPPORTIONMENT COMMITTEE FOR FISCAL YEAR 2022; THE STATE DEPARTMENT OF HEALTH FOR FISCAL YEAR 2022; THE INSTITUTIONS OF HIGHER LEARNING – OFFICE OF STUDENT FINANCIAL AID FOR FISCAL YEAR 2022; THE GOVERNOR'S OFFICE - DIVISION OF MEDICAID FOR FISCAL YEAR 2022; 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, 2021, and ending June 30, 2022........................... $   1,408,068.00.

     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)............................. $     400,000.00.

(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........... $      21,452.00.

(c)  Pickett v. Mississippi Board of Animal Health, 2:18-cv-00214-KS-JCG (S.D. Miss.)............................ $     211,616.00.

(d)  IHS Pharmacy v.  Mississippi Department of Corrections, Hinds County Circuit Court, Cause No. 17-572.......... $     625,000.00.

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

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

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

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

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

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 December 31, 2022.......... $     675,000.00.

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

(a)  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.)................................... $     300,000.00.

(b)  Jackson Women's Health Organization et al v. Dobbs et al., 3:18-cv-00171-CWR-FKB (S.D. Miss)............... $     100,000.00.

(c)  United States v. State of Mississippi,

3:16-cv-622-CWR-FKB (S.D. Miss)................ $     200,000.00.

(d)  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).............. $      75,000.00.

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 Coronavirus State Local Recovery Fund 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 July 1, 2021, and ending June 30, 2022................. $   8,046,958.00.

     This additional appropriation is for the purpose of providing Coronavirus State Local Recovery Funds to nonentitlement units of local government in accordance with the provisions applicable to the Coronavirus Local Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117-2) and any applicable federal guidelines.

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 July 1, 2021, and ending June 30, 2022 $     606,242.00.

     This additional appropriation is made for the purpose of defraying expenses of 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 Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Joint Reapportionment Committee for the period beginning July 1, 2021, and ending June 30, 2022.......... $      25,000.00.

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

SECTION 6.  In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Capital Expense Fund not otherwise appropriated, to the State Department of Health for the purpose of providing reimbursable grants as described in this section, for the period beginning July 1, 2021, and ending June 30, 2022 $    9,852,684.00.

The funds appropriated under this section shall be expended by the State Department of Health as a reimbursable grant to entities up to the difference between the 2021 and 2022 Victims of Crime Act (VOCA) grants awarded by the Department. In determining reimbursable expenses, the State Department of Health shall use allowable costs for VOCA funds as defined by the Office for Victims of Crime.

SECTION 7.  It is the intention of the Legislature that the entities receiving funding under Section 6 of this act for allowable expenses under Medicaid, Federal Child Welfare Funds, and other federal programs establish the process of billing expenses under these programs due to the uncertain sustainability of VOCA funds.

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 Institutions of Higher Learning – Office of Student Financial Aid and allocated in a manner as determined by the Treasurer's Office to defray the expenses of the Institutions of Higher Learning – Office of Student Financial Aid for the period beginning July 1, 2021, and ending June 30, 2022 $    3,500,000.00.

This additional appropriation is made for the purpose of

administering a summer grant program using funds awarded through the second Governor's Emergency Educational Relief Fund.

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 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 period beginning July 1, 2021, and ending June 30, 2022...............................................................

.............................................. $ 466,786,240.00.

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

     SECTION 10.  This act shall take effect and be in force from and after passage.