Senate Bill 3058

(As Sent to Governor)

AN ACT TO TRANSFER FUNDS OUT OF THE BUDGET CONTINGENCY FUND TO THE "POULTRY FARMER STABILIZATION GRANT PROGRAM FUND," THE "MISSISSIPPI SUPPLEMENTAL CFAP GRANT PROGRAM FUND" AND THE "SWEET POTATO FARM SUSTAINMENT GRANT PROGRAM FUND"; TO ESTABLISH THE "MISSISSIPPI AGRICULTURE STABILIZATION ACT" TO BE ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO ASSIST MISSISSIPPI POULTRY FARMERS WHO HAVE EXPERIENCED A LOSS OF AT LEAST ONE (1) FULL FLOCK OF PRODUCTION DUE TO THE COVID-19 PANDEMIC; TO ASSIST COMMODITY PRODUCERS WHO QUALIFIED FOR THE USDA CORONAVIRUS FOOD ASSISTANCE PROGRAM; TO ASSIST SWEET POTATO FARMERS FOR EXPENSES DUE TO THE COVID-19 PANDEMIC; TO ALLOW THE DEPARTMENT OF AGRICULTURE AND COMMERCE TO GOVERN THE ADMINISTRATION AND ELIGIBILITY REQUIREMENTS OF THE PROGRAMS ESTABLISHED IN THE ACT; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "POULTRY FARMER STABILIZATION GRANT PROGRAM FUND"; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "MISSISSIPPI SUPPLEMENTAL CORONAVIRUS FOOD ASSISTANCE PROGRAM GRANT PROGRAM FUND"; TO TRANSFER UNEXPENDED FUNDS TO THE UNEMPLOYMENT COMPENSATION FUND; TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE SEVERABLE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Upon the effective date of this act, the State Fiscal Officer shall transfer to the "Poultry Farmer Stabilization Grant Program Fund" out of the Budget Contingency Fund... $3,000,000.00.

(2) Upon the effective date of this act, the State Fiscal Officer shall transfer to the "Mississippi Supplemental CFAP Grant Program Fund" out of the Budget Contingency Fund................. $9,500,000.00.

(3) Upon the effective date of this act, the State Fiscal Officer shall transfer to the "Sweet Potato Farm Sustainment Grant Program Fund " out of the Budget Contingency Fund.................. $500,000.00.

SECTION 2. Sections 2 through 7 of this act shall be known and may be cited as the "Mississippi Agriculture Stabilization Act."

SECTION 3. In response to the COVID-19 pandemic, the Mississippi Department of Agriculture and Commerce shall establish and administer the following grant programs:

(a) The Poultry Farmer Stabilization Grant Program for the purpose of assisting Mississippi poultry farmers who have experienced a loss of at least one (1) full flock of production due to the COVID-19 pandemic;

(b) The Mississippi Supplemental CFAP Grant Program for the purpose of assisting commodity producers who qualified for the USDA's Coronavirus Food Assistance Program (CFAP); and

(c) The Sweet Potato Farm Sustainment Grant Program for the purpose of providing grants to sweet potato farmers to cover expenses due to the COVID-19 pandemic.

SECTION 4. (1) The Department of Agriculture and Commerce shall implement regulations and develop procedures to govern the administration and eligibility requirements of the programs established in Sections 2 through 7 this act.

(2) The department may:

(a) Retain up to three percent (3%) of the funds appropriated to the programs established in Sections 2 through 7 of this act to pay reasonable expenses incurred in the administration of the programs.

(b) Contract with an entity to administer the programs established in Sections 2 through 7 of this act. When contracting with the entity to administer the programs, the department shall be exempt from Section 27-104-7(2)(g) requiring approval by the Public Procurement Review Board.

SECTION 5. (1) (a) There is created a special fund in the State Treasury, to be known as the "Poultry Farmer Stabilization Grant Program Fund," from which the grants authorized under the Poultry Farmer Stabilization Grant Program shall be disbursed by the Department of Agriculture and Commerce;

(b) There is created a special fund in the State Treasury, to be known as the "Mississippi Supplemental CFAP Grant Program Fund," from which the grants authorized under the Mississippi Supplemental CFAP Grant Program shall be disbursed by the Department of Agriculture and Commerce; and

(c) There is created a special fund in the State Treasury, to be known as the "Sweet Potato Farm Sustainment Grant Program Fund," from which the grants authorized under the Sweet Potato Farm Sustainment Grant Program shall be disbursed by the Department of Agriculture and Commerce.

(2) (a) All monies shall be disbursed from the funds created in subsection (1) of this section in compliance with the guidelines, guidance, rules, regulations 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 Relief Fund established by the CARES Act. However, unexpended amounts of any monies unrelated to the Coronavirus Relief Fund, whether appropriated by the Legislature or donated by any public or private entity, remaining in the funds at the end of a fiscal year shall not lapse into the Budget Contingency Fund or the State General Fund, and any investment earnings or interest earned on amounts in the grant program funds shall be deposited to the credit of the respective grant program fund; and

(b) If on December 15, 2020, there are unexpended Coronavirus Relief Fund monies remaining in any fund created in this section, those funds shall be transferred by the State Fiscal Officer into the Unemployment Compensation Fund no later than December 30, 2020.

(3) The use of funds allocated under this program 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. Each person receiving funds under these programs found to be fully or partially noncompliant with the requirements in Sections 2 through 7 of this act shall return to the state all or a portion of the funds received.

SECTION 6. The Department of Agriculture and Commerce shall report on the utilization of the programs to the Chair of the Agriculture Committees of the Senate and the House of Representatives, the Lieutenant Governor, the Speaker of the House and the Governor by December 15, 2020. At a minimum, the report shall contain:

(a) The name of each grant participant; and

(b) The total amount of payment received by each participant.

SECTION 7. If any section, paragraph, sentence, clause, phrase, or any part of this act is declared to be in conflict with federal law, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no matter affected thereby but shall remain in full force and effect.

SECTION 8. This act shall take effect and be in force from and after its passage.