Senate Bill 3061

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FROM THE "POULTRY FARMER STABILIZATION GRANT PROGRAM FUND", THE "MISSISSIPPI SUPPLEMENTAL CFAP GRANT PROGRAM FUND", AND THE “SWEET POTATO FARM SUSTAINMENT GRANT PROGRAM FUND” TO THE STATE DEPARTMENT OF AGRICULTURE AND COMMERCE TO ADMINISTER THE GRANT PROGRAMS CREATED TO PROVIDE FUNDING TO FARMERS IMPACTED BY THE COVID-19 PANDEMIC; AND FOR RELATED PURPOSES.

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 "Poultry Farmer Stabilization Grant Program Fund," to the State Department of Agriculture and Commerce for purposes of administering the "Mississippi Agriculture Stabilization Act," established in Senate Bill No. 3058, 2020 Regular Session, for the period beginning upon passage of this act and ending December 30, 2020..$ 3,000,000.00.

SECTION 2. The following sum, or so much of it as may be necessary, is appropriated out of any money in the "Mississippi Supplemental CFAP Grant Program Fund," to the State Department of Agriculture and Commerce for purposes of administering the "Mississippi Agriculture Stabilization Act," established in Senate Bill No. 3058, 2020 Regular Session, for the period beginning upon passage of this act and ending December 30, 2020..$ 9,500,000.00.

SECTION 3. The following sum, or so much of it as may be necessary, is appropriated out of any money in the "Sweet Potato Farm Sustainment Grant Program Fund," to the State Department of Agriculture and Commerce for purposes of administering the "Mississippi Agriculture Stabilization Act," established in Senate Bill No. 3058, 2020 Regular Session, for the period beginning upon passage of this act and ending December 30, 2020....$ 500,000.00.

SECTION 4. (1) As used in this section and Section 5 of this act, the term "agency" means the State Department of Agriculture and Commerce.

(2) The agency 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 agency's independent judgment, for necessary expenditures incurred due to the public health emergency with respect to COVID-19 as provided under Section 601(d) of the federal Social Security Act as added by Section 5001 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act 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 601 of the federal Social Security Act as added by Section 5001 of the CARES Act. In addition, the agency 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 subrecipient monitoring and management, and subpart F regarding audit requirements.

SECTION 5. (1) As a condition of receiving and expending the funds appropriated to the agency under this act, the agency shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the agency under this act is 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 Relief Fund established by the CARES Act.

(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 Relief Fund established by the CARES Act (a) determines that the agency or recipient has expended or otherwise used any of the funds appropriated to the agency 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 Relief Fund established by the CARES Act, 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 6. 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, not otherwise appropriated, 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 7. This act shall take effect and be in force from and after its passage.