Senate Bill 3055

(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 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; THE STATE VETERANS AFFAIRS BOARD FOR FISCAL YEAR 2022; THE STATE DEPARTMENT OF HEALTH FOR FISCAL YEAR 2022 AND FISCAL YEAR 2023; THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY 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........................... $ 1,188,068.00.

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

(a) Settlement between the United States Environmental Protection Agency and the 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.

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

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

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

.............................................. $ 35,000.00.

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

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

(f) Harvill Payne Richardson v. State of Mississippi, Circuit Court of Harrison County, Mississippi, Second Judicial District, Cause No. A2402-2020-87.................................. $ 50,000.00.

(g) Eddie Lee Howard v. State of Mississippi, Circuit Court of Lowndes County, Mississippi, Cause No. 2021-0026-CV1C............

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

(h) Eddie Lee Howard v. State of Mississippi, Circuit Court of Lowndes County, Mississippi, Cause No. 2021-0026-CV1C (statutory attorney's fees)............................... $ 25,000.00.

(i) Carl Lee Jordan v. State of Mississippi, Cause No. A2401-2020-160; Circuit Court of Harrison County, Mississippi...............

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

(j) Carl Lee Jordan v. State of Mississippi, Cause No. A2401-2020-160; Circuit Court of Harrison County, Mississippi – statutory attorney's fees.......................................... $ 15,000.00.

(k) William Ervin Edwards v. State of Mississippi, Cause 45C11:21-CV-00081-JA; Circuit Court of Madison County, Mississippi........

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

(l) William Ervin Edwards v. State of Mississippi, Cause 45C11:21-CV-00081-JA; Circuit Court of Madison County, Mississippi – statutory attorney's fees................................ $ 5,000.00.

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, 2023............... $ 1,750,000.00.

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)............................. $ 200,000.00.

(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.); Alexander, et al. v. Hall, et al., No. 4:30-CV-21-SA-JMV.............................................. $ 500,000.00.

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

(d) United States v. State of Mississippi, 3:16-cv-622-CWR-FKB (S.D. Miss).................................... $ 200,000.00.

(e) Monitor as Required by Order of the Federal Court regarding United States v. State of Mississippi 3:16-cv-00622-CWR-FKB ( S.D. Miss).............................................. $ 300,000.00.

(f) Flowers v. Evans, et al.

4:21-CV-NBB-JMV................................ $ 225,000.00.

(g) IRS v. State Agencies................ $ 225,000.00.

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 Local Fiscal 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 Local Fiscal 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........... $ 15,000.00.

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 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 (GEER II).

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 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 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 State Veterans Affairs Board for the period beginning July 1, 2021, and ending June 30, 2022.......... $ 103,113.00.

This additional appropriation is for the purpose of paying an ACA penalty.

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 State Department of Health for the period beginning July 1, 2021, and ending December 31, 2022........... $ 865,000.00.

This additional appropriation is for the purpose of legal 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 Mississippi Emergency Management Agency for the fiscal year beginning July 1, 2021, and ending June 30, 2022 $ 4,576,323.00.

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

SECTION 11. This act shall take effect and be in force from and after its passage.