MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Senator(s) Hopson, Polk, Butler (36th), DeBar, Frazier, Michel, Parks, Williams, Blount

Senate Bill 3064

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FROM THE "MISSISSIPPI ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES (MAICU) GRANT PROGRAM FUND" TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF ADMINISTERING THE "MISSISSIPPI ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES (MAICU) INFRASTRUCTURE GRANT PROGRAM ACT OF 2022"; TO MAKE AN APPROPRIATION FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF ADMINISTERING THE "INDEPENDENT SCHOOLS INFRASTRUCTURE GRANT PROGRAM"; AND FOR RELATED PURPOSES.

  SECTION 1.  The following sum, or so much of it as may be necessary, is appropriated out of any money in the Mississippi Association of Independent Colleges and Universities (MAICU) Grant Program Fund not otherwise appropriated, to the Department of Finance and Administration for the purpose of funding the MAICU Grant Program established in Senate Bill No. 2700, 2022 Regular Session, for the fiscal year beginning on July 1, 2022, and ending June 30, 2023.................................... $ 10,000,000.00.

     SECTION 2.  The following sum, or so much of it as may be necessary, is appropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Finance and Administration for the purpose of funding the Independent Schools Infrastructure Grant Program established in Senate Bill No. 2780, 2022 Regular Session, for the fiscal year beginning on July 1, 2022, and ending June 30, 2023............................................. $ 10,000,000.00.

     SECTION 3.  None of the funds appropriated under Sections 1 and 2 of this act shall be used to pay employee premium payments.

     SECTION 4.  (1)  As used in this section and Section 5 of this act, the term "department" means the Department of Finance and Administration.

     (2)  The department shall not disburse any funds appropriated under this act to any recipient without first:  (a) making an individualized determination that the reimbursement sought is, in the department'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 department shall ensure that all funds appropriated under this act 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 subrecipient monitoring and management, and subpart F regarding audit requirements.

     SECTION 5.  (1)  As a condition of receiving and expending the funds granted under this act, each entity shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the department and granted to them under this act 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.  Further, as a condition of receiving and expending funds appropriated under Section 2 of this act, the entities shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor.

     (2)  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 department or recipient has expended or otherwise used any of the funds appropriated to the department under this act 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 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 department or recipient, then the department 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 6.  The money appropriated by Section 1 of this act shall be paid by the State Treasurer out of any money in the MAICU Grant Program Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

     SECTION 7.  The money appropriated by Section 2 of this act shall be paid by the State Treasurer out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2022.