Senate Bill 3113

(As Sent to Governor)

AN ACT MAKING AN ADDITIONAL APPROPRIATION TO THE OFFICE OF WORKFORCE DEVELOPMENT, WITH THE DEPARTMENT OF EMPLOYMENT SECURITY SERVING AS THE FISCAL AGENT, FOR THE PURPOSES OF DEFRAYING THE EXPENSES OF CERTAIN PROGRAMS AND FOR CERTAIN ADMINISTRATIVE FEES FOR THE PERIOD BEGINNING UPON PASSAGE AND ENDING JUNE 30, 2024.

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

SECTION 1. 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 Office of Workforce Development, with the Department of Employment Security serving as the fiscal agent, for the purposes of defraying the expenses of certain programs and for certain administrative fees for the period beginning upon passage and ending June 30, 2024............................ $ 28,000,000.00.

SECTION 2. (1) Of the money appropriated to the Department of Employment Security under Section 1 of this act, Twenty-five Million Dollars ($25,000,000.00) shall be distributed as follows:

(a) For the Accelerate Mississippi Workforce Development Program created in House Bill No. 1006, 2022 Regular Session.

(b) For grants to entities which provide or otherwise facilitate in providing individuals enrolled in community colleges, institutions of higher learning, or other workforce training programs with wrap-around services which may assist in their ability to remain enrolled in and graduate from the training program, including, but not limited to, financial counseling, childcare, transportation and other similar services provided in House Bill No. 1006, 2022 Regular Session.

(c) For the American Rescue Plan Act (ARPA) Nurse/Allied Health Workforce Development and Retention Act created in Senate Bill No. 2371, 2023 Regular Session.

(d) To be retained by the department for program monitoring and evaluation, administrative fees, third-party accounting as needed, and the deployment of an ecosystem workforce development model by the Office of Workforce Development to support effective implementation of the activities described in this section.

(2) Of the money appropriated to the Department of Employment Security under Section 1 of this act, Three Million Dollars ($3,000,000.00) shall be for the Accelerate Mississippi Physician Residency and Fellowship Start-Up Grant Program created in Senate Bill No. 2371, 2023 Regular Session.

SECTION 3. (1) As used in this section and Section 4 of this act, the term "department" means the Department of Employment Security.

(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 sub-recipient monitoring and management, and subpart F regarding audit requirements.

(3) None of the funds appropriated under Section 1 of this act shall be used to pay employee premium payments.

SECTION 4. (1) As a condition of receiving and expending the funds appropriated to the department under this act, receiving entities shall certify to the department, and the department shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the department 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 and Local Fiscal Recovery Funds established by ARPA.

(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 5. The money appropriated by 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 6. This act shall take effect and be in force from and after its passage.