Senate Bill 2961

(As Sent to Governor)

AN ACT TO MAKE AN ADDITIONAL APPROPRIATION FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE SUPREME COURT, OFFICE OF THE STATE PUBLIC DEFENDER, DISTRICT ATTORNEYS AND STAFF, MISSISSIPPI NATIONAL GUARD, MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, THE MISSISSIPPI OFFICE OF STUDENT FINANCIAL AID AND THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE; TO PROVIDE THE PURPOSES OF THE APPROPRIATIONS; TO PROVIDE THE STATE MATCH FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S TEMPORARY HOUSING MISSION FOR THE INDIVIDUALS IMPACTED BY THE SEVERE WEATHER EVENT ON MARCH 24 AND 25, 2023; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. In addition to all other funds appropriated herein, the following sum, or so much thereof as may be necessary, is 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 Supreme Court – Trial Judges, for the period beginning upon passage of this act, and ending June 30, 2024............. $ 1,480,872.00.

These funds are provided for the purpose of funding additional special temporary courts that supplement those authorized under Section 9-7-25, 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.

SECTION 2. In addition to all other funds appropriated herein, the following sum, or so much thereof as may be necessary, is 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 Office of the State Public Defender, for the period beginning upon passage of this act, and ending June 30, 2024..... $ 638,170.00.

These funds are provided for the purpose of funding additional salaries and office expenses for public defenders assigned to special temporary courts that supplement those authorized under Section 9-7-25, 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.

SECTION 3. In addition to all other funds appropriated herein, the following sum, or so much thereof as may be necessary, is 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 Attorneys and Staff, for the period beginning upon passage of this act, and ending June 30, 2024............. $ 880,958.00.

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.

SECTION 4. In addition to all other funds appropriated herein, the following sum, or so much thereof as may be necessary, is 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 Mississippi National Guard, for the period beginning upon passage of this act, and ending June 30, 2024................. $ 5,000,000.00

These funds are provided for the purpose of funding additional expenses related to the purchase and installation of chillers and large HVAC units at Mississippi National Guard buildings, including Camp Shelby, 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.

SECTION 5. In addition to all other sums appropriated herein, the following sum, or so much of it as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Disaster Trust Fund not otherwise appropriated, to the credit of the Mississippi Emergency Management Agency for the purposes of defraying expenses related to the severe weather event on March 24 and 25, 2023, for the period beginning upon passage of this act, and ending June 30, 2024 $ 7,000,000.00.

These funds are provided for the purpose of funding additional expenses of the agency related to the severe weather event on March 24 and 25, 2023.

SECTION 6. In addition to all other sums appropriated herein, the following sum or so much thereof as may be necessary, is appropriated out of any money to the credit of the Disaster Trust Fund not otherwise appropriated, to the credit of the Mississippi Emergency Management Agency for the purpose of providing funds to the School Districts impacted by the severe weather storm on March 24 and 25, 2023, for the payment of insurance deductibles, the purchase of school buses, vehicles, equipment and defraying other expenses necessary for immediate recovery needs for the period beginning upon passage of this act, and ending June 30, 2024........................................ $ 3,000,000.00.

SECTION 7. In addition to all other sums appropriated herein, the following sum, or so much of it as may be necessary, is appropriated out of any money in the State Treasury to the credit of the March 2023 Storm Housing Mission Fund created in House Bill No. 603, 2023 Regular Session, not otherwise appropriated, to the credit of the Mississippi Emergency Management Agency for the purpose of providing the state match for the Federal Emergency Management Agency's temporary housing mission for the individuals impacted by the severe weather event on March 24 and 25, 2023, for the period beginning upon passage of this act, and ending June 30, 2024........................................ $ 7,000,000.00.

These funds are provided for the purpose of funding additional expensed related to providing the state match for the Federal Emergency Management Agency's temporary housing mission for the individuals impacted by the severe weather event on March 24 and 25, 2023.

SECTION 8. In addition to all other sums appropriated herein, 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, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Mississippi Postsecondary Education Financial Assistance Board for the period beginning July 1, 2023, and ending June 30, 2024.......................................................

................................................ $ 9,823,000.00.

This additional appropriation is contingent upon the passage of Senate Bill No. 2487, 2023 Regular Session, and is for the purpose of providing funds for the Mississippi Dual Enrollment/Dual Credit Scholarship Program Act of 2023, as established by such bill.

SECTION 9. 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 Mississippi Department of Agriculture and Commerce not otherwise appropriated, for the purpose of payments to the Department of Public Safety for security costs, for the period beginning upon passage of this act, and ending June 30, 2024.................... $ 1,000,000.00.

SECTION 10. 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 General Fund not otherwise appropriated, to the credit of the Supreme Court – Trial Judges for expenses related to the implementation of and contingent upon the passage of House Bill No. 1020, 2023 Regular Session, for the period beginning upon the passage of this act, and ending June 30, 2024 $ 1,299,160.00.

SECTION 11. 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 General Fund not otherwise appropriated, to the credit of the Supreme Court - Administrative Office of Courts for expenses related to the implementation of and contingent upon the passage of House Bill No. 1020, 2023 Regular Session, for the fiscal period beginning upon the passage of this act, and ending June 30, 2024...........................................................

.................................................. $ 389,665.00.

SECTION 12. 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 General Fund not otherwise appropriated, to the credit of the District Attorneys and Staff for the implementation of and contingent upon the passage of House Bill No. 1020, 2023 Regular Session, for the period beginning upon the passage of this act, and ending June 30, 2024....................... $ 371,679.00

SECTION 13. 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 General Fund not otherwise appropriated, to the credit of the Office of the State Public Defender for expenses related to the implementation of and contingent upon the passage of House Bill No. 1020, 2023 Regular Session, for the period beginning upon passage of this act, and ending June 30, 2024 $ 446,521.00.

SECTION 14. (1) None of the funds provided under this section shall be used to pay employee premium payments.

(2) The agencies listed in Sections 1 through 4 of this act 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.

(3) 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.

(4) 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 15. 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 16. This act shall take effect and be in force from and after its passage, with the exception of Section 8 of this act, which shall take effect and be in force from and after July 1, 2023.