April 21, 2023

 

TO THE MISSISSIPPI HOUSE OF REPRESENTATIVES:

GOVERNOR’S PARTIAL VETO MESSAGE FOR HOUSE BILL 1089

I am returning House Bill 1089: “AN ACT TO AMEND SECTION 27-104-371, MISSISSIPPI CODE OF 1972, TO CLARIFY AND CORRECT NAMES AND PURPOSES OF CERTAIN PROJECTS FUNDED FROM DISBURSEMENTS FROM THE 2022 LOCAL IMPROVEMENTS PROJECTS FUND; TO AMEND SECTION 37-101-83, MISSISSIPPI CODE OF 1972, TO REVISE THE PURPOSE OF A PROJECT FOR MISSISSIPPI VALLEY STATE UNIVERSITY FUNDED FROM THE 2022 IHL CAPITAL IMPROVEMENTS FUND; TO AMEND SECTION 1, CHAPTER 109, LAWS OF 2022, TO REVISE THE APPROPRIATION OF GULF COAST RESTORATION FUNDS TO THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2023 TO REVISE THE USE OF FUNDS TO THE HERITAGE SPRING WATER, LLC, AND TO DELETE ONE PROJECT; TO AMEND SECTION 5, CHAPTER 64, LAWS OF 2022, TO REVISE THE AUTHORIZED HEADCOUNT NUMBERS FOR THE DIVISION OF MEDICAID FOR PERMANENT AND TIME-LIMITED POSITIONS; TO AMEND SECTION 9, CHAPTER 98, LAWS OF 2022, TO REVISE THE PURPOSE OF THE APPROPRIATION TO THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 57-1-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES PROVIDED BY THE LEGISLATURE IN THE ACE FUND MAY BE USED TO REIMBURSE REASONABLE ACTUAL AND NECESSARY COSTS INCURRED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 57-1-701, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES PROVIDED BY THE LEGISLATURE IN THE MISSISSIPPI SITE DEVELOPMENT GRANT FUND MAY BE USED TO REIMBURSE REASONABLE ACTUAL AND NECESSARY COSTS INCURRED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 57-61-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES FROM THE PROCEEDS OF BONDS AND PROVIDED BY THE LEGISLATURE IN THE MISSISSIPPI BUSINESS INVESTMENT FUND AND THE MISSISSIPPI BUSINESS INVESTMENT SINKING FUND MAY BE USED TO REIMBURSE REASONABLE ACTUAL AND NECESSARY COSTS INCURRED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 57-61-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES PROVIDED BY THE LEGISLATURE IN A CERTAIN FUND CREATED IN THE MISSISSIPPI BUSINESS ACT MAY BE USED TO REIMBURSE REASONABLE ACTUAL AND NECESSARY COSTS INCURRED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 65-4-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES PROVIDED BY THE LEGISLATURE IN THE ECONOMIC DEVELOPMENT HIGHWAY FUND MAY BE USED TO REIMBURSE REASONABLE ACTUAL AND NECESSARY COSTS INCURRED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 57-1-221, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES PROVIDED BY THE LEGISLATURE IN THE MISSISSIPPI INDUSTRY INCENTIVE FINANCING REVOLVING FUND MAY BE USED TO REIMBURSE REASONABLE ACTUAL AND NECESSARY COSTS INCURRED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 57-1-601, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES PROVIDED BY THE LEGISLATURE IN THE MISSISSIPPI MAIN STREET INVESTMENT GRANT FUND MAY BE USED TO REIMBURSE REASONABLE ACTUAL AND NECESSARY COSTS INCURRED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 65-1-183, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO TRANSFER FUNDS FROM THE 2022 INFRASTRUCTURE MATCH FUND TO THE DEPARTMENT'S AGENCY SUPPORT FUND SUBJECT TO CERTAIN PROVISIONS; AND FOR RELATED PURPOSES” partly approved and partly not approved pursuant to Article 4, Section 73 of the Mississippi Constitution as an “exercise of the authority endowed the office of the Governor by the people of Mississippi in our Constitution.”  Governor Reeves v. Representative Gunn and Representative White, 307 So.3d 436, 439-442 (Miss. 2020).

On April 28, 2022, I returned House Bill 1353, 2022 Regular Session, an appropriations bill, partly approved and partly not approved pursuant to Article 4, Section 73 of the Mississippi Constitution of 1890.  Specifically, I exercised my line-item veto authority to disapprove nine of the more than two hundred and eighty separate, distinct and complete appropriations contained in Section 25(2) of that bill.  The House did not attempt to override these line-item vetoes or otherwise call into question the legality of the use of my authority pursuant to Article 4, Section 73 to veto parts of that appropriation bill.

The short title for House Bill 1089 states that Section 1 is adopted to “clarify and correct names and purposes for certain projects funded from disbursements from the 2022 Local Improvements Project Fund,” the very same appropriations that were contained in Section 25(2) of House Bill 1352, 2022 Regular Session.  Despite the fact that nine of those appropriations were previously vetoed, all nine are contained in Section 1 of House Bill 1089.  While I believe this clarifying and correcting of names for certain projects does not reauthorize those appropriations that no longer exist, to avoid any legal ambiguity, I am again vetoing the following appropriations:

●          Section 1(2)(w) (Lines 138-140) providing a $1,000,000 appropriation to the City of Jackson, Mississippi to pay costs associated with construction of a parking lot and related facilities at the Jackson Convention Center.

●          Section 1(2)(ee) (Lines 167-169) providing a $50,000 appropriation to Arise and Shine, Inc. to provide programing and services in Copiah County.

●          Section 1(2)(ppppp) (Lines 481-492) providing a $1,000,000 appropriation to the Scenic Rivers Development Alliance for various facility improvements including golf cart path repairs and course equipment upgrades at Quail Hollow Golf Course. 

●          Section 1(2)(ttttt) (Lines 501-503) providing a $250,000 appropriation to the Briarwood Pool to pay costs associated with facility improvements.

●          Section 1(2)(bbbbbbbb) (Lines 744-746) providing a $1,000,000 appropriation to the City of Pascagoula, Mississippi to pay costs associated with renovations of city offices.  

●          Section 1(2)(ssssssss) (Lines 798-800) providing a $2,000,000 appropriation to the City of Jackson, Mississippi to pay costs associated with facility improvements at the Jackson Planetarium.

●          Section 1(2)(ddddddddd) (Lines 834-836) providing a $200,000 appropriation to the Summit Community Development Foundation to pay costs associated with the Stand Pipe project.

●          Section 1(2)(yyyyyyyyyy) (Lines 985-988) providing a $500,000 appropriation to the City of Greenville, Mississippi to pay costs associated with the construction and development of a downtown green space.

●          Section 1(2)(vvvvvvvvvvv) (Lines 1063-1066) providing a $13,250,000 appropriation to the Department of Finance and Administration to pay costs associated with the development of the LeFleur’s Bluff Otter Creek Golf Park and Connector Trail Project.

Article 4, Section 73 of the Mississippi Constitution states: “The Governor may veto parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law.”  The removal of these separate, distinct and complete appropriations does not affect any other appropriations in House Bill 1089.  See Reeves, 307 So.3d at 442.

Respectfully submitted,

 

 

                                                                        TATE REEVES

                                                                        GOVERNOR