Senate Bill 3165

(As Passed the Senate)

AN ACT MAKING AN ADDITIONAL APPROPRIATION FROM THE CORONAVIRUS STATE FISCAL RECOVERY LOST REVENUE FUND TO THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PROVIDING FUNDING FOR ALLOWABLE SURFACE TRANSPORTATION PROJECTS INCLUDED IN THE MAINTENANCE PROGRAM OF THE MDOT THREE-YEAR PLAN, FOR THE PERIOD BEGINNING UPON THE PASSAGE OF THIS ACT AND ENDING JUNE 30, 2025.

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

SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money not otherwise appropriated to the credit of the Coronavirus State Fiscal Recovery Lost Revenue Fund, and allocated in a manner as determined by the Treasurer's Office, to the Mississippi Department of Transportation for the purpose of expenditures for allowable Surface Transportation projects included in the Maintenance Program of the MDOT Three-Year Plan for the period beginning upon the passage of this act and ending June 30, 2025....................

............................................... $ 80,000,000.00.

SECTION 2. It is the intention of the Legislature that the funds provided in Section 1 of this act shall be provided for shovel-ready projects that will be under contract and obligated before November 1, 2024.

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

(2) The department shall not disburse any funds appropriated under this act to any recipient without first: (a) making an individualized determination that the expenditure 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.

SECTION 4. (1) As a condition of receiving and expending the funds appropriated to the department under this act, 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 Fiscal Recovery Fund established by the American Rescue Plan Act of 2021.

(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 the American Rescue Plan Act of 2021 (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 the American Rescue Plan Act of 2021, 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. None of the funds appropriated by this act shall be used to pay employee premium payments.

SECTION 6. The money appropriated by this act shall be paid by the State Treasurer out of any money in the Coronavirus State Fiscal Recovery Lost Revenue 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. This act shall take effect and be in force from and after its passage, and shall stand repealed on the day before its passage.