MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Appropriations
By: Senator(s) Hopson
AN ACT MAKING A REAPPROPRIATION TO CERTAIN AGENCIES TO REAUTHORIZE THE EXPENDITURE OF CORONAVIRUS STATE FISCAL RECOVERY FUNDS PREVIOUSLY APPROPRIATED FOR CERTAIN PROJECTS FOR FISCAL YEAR 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 reappropriated 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, as authorized in House Bill No. 1517, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024 $ 58,693,659.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1517, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 2. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Mississippi Emergency Management Agency, as authorized in Senate Bill No. 3018, 2022 Regular Session, for the purpose of defraying eligible expenses in connection with the Coronavirus Disease 2019 (COVID-19) as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending June 30, 2024............................ $ 2,582,029.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3018, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 3. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Environmental Quality, as authorized in Senate Bill No. 3056, 2022 Regular Session, for the purpose of administering the Mississippi Municipality and County Water Infrastructure (MCWI) Grant Program established in Senate Bill No. 2822, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024 $ 445,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3056, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 4. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Finance and Administration, as authorized in House Bill No. 1518, 2022 Regular Session, for the purpose of providing funds to destination marketing organizations to assist in paying costs of certain marketing activities and providing funds to Mississippi Main Street Association, as provided in House Bill No. 453, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024. $ 8,705,225.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1518, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 5. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Mississippi Association of Independent Colleges and Universities (MAICU) Grant Program Fund not otherwise appropriated, to the Department of Finance and Administration, as authorized in Senate Bill No. 3064, 2022 Regular Session, for the purpose of funding the MAICU Grant Program established in Senate Bill No. 2700, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024.................................. $ 10,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3064, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 6. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Finance and Administration, as authorized in Senate Bill No. 3064, 2022 Regular Session, for the purpose of funding the Independent Schools Infrastructure Grant Program established in Senate Bill No. 2780, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024................................... $ 10,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section as of June 30, 2023, shall not exceed the unexpended balance of the funds remaining from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3064, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 7. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Finance and Administration Bureau of Building, Grounds, and Real Property Management, as authorized in Senate Bill No. 3062, 2022 Regular Session, for the purpose of completing capital projects at state-owned buildings or grounds that are allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024................................. $ 216,813,639.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3062, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 8. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the State Department of Health, as authorized in House Bill No. 1614, 2022 Regular Session, for the purpose of operational expenditures needed to respond to the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024.................................... $ 2,500,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1614, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 9. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the State Department of Health, as authorized in Senate Bill No. 3060, 2022 Regular Session, for the purpose of funding the Covid-19 Hospital Expanded Capacity Program established in Senate Bill No. 2820, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024 $ 12,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3060, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 10. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the State Department of Health, as authorized in Senate Bill No. 3060, 2022 Regular Session, for the purpose of funding the COVID-19 Mississippi Local Provider Innovation Grant Program established in Senate Bill No. 2820, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024................................... $ 25,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3060, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 11. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the State Department of Health, as authorized in House Bill No. 1538, 2022 Regular Session, for the purpose of funding the ARPA Rural Water Associations Infrastructure Grant Program established under House Bill No. 1421, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024.................................. $ 300,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1538, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 12. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Child Protection Services, as authorized in House Bill No. 1611, 2022 Regular Session, for the purpose of defraying eligible operational expenses as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending June 30, 2024. $ 57,600,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1611, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 13. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Lost Revenue Fund not otherwise appropriated, to the University of Mississippi Medical Center, as authorized in Senate Bill No. 3010, 2022 Regular Session, for the purpose of constructing a new nursing school at the University of Mississippi Medical Center as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending June 30, 2024. $ 55,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3010, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 14. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Mental Health, as authorized in Senate Bill No. 2865, 2022 Regular Session, for the purpose of assisting with behavioral and mental health needs exacerbated by the Coronavirus Disease 2019 (COVID-19) pandemic, responding to other public health impacts, and other operational expenses as allowed under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024................................... $ 80,600,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 2865, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 15. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Mental Health, as authorized in Senate Bill No. 2865, 2022 Regular Session, for the purpose of providing funding to the Department of Mental Health, which shall be utilized at Community Mental Health Centers (CMHCs) or for the benefit of CMHCs to allow for investments in software, databases, telemedicine capabilities, and other information technology resources that support behavioral and mental health needs exacerbated by the Coronavirus Disease 2019 (COVID-19) pandemic, responding to other public health impacts, and other operational expenses as allowed under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024................................... $ 18,250,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 2865, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 16. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated to the Mississippi National Guard as authorized in Senate Bill No. 3019, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024......................................... $ 10,391,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in Senate Bill No. 3019, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 17. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Public Safety, as authorized in Senate Bill No. 3014, 2022 Regular Session, for the purpose of completing capital projects at state-owned buildings or grounds, crime prevention due to the increase in crime, and operational expenditures, including the additional purpose of backlogs at the Forensic Laboratory, necessary to respond to the effects of the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024................................... $ 15,535,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year.
SECTION 18. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Lost Revenue Fund not otherwise appropriated, to the Department of Public Safety, as authorized in House Bill No. 1542, 2022 Regular Session, and amended in Senate Bill No. 2664, 2023 Regular Session, for the purpose of providing funds for the Mississippi Law Enforcement and Fire Fighters Premium Pay Program as created in House Bill No. 1427, 2022 Regular Session, for the fiscal year beginning July 1, 2023, and ending June 30, 2024................ $ 5,500,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1542, 2022 Regular Session, as amended by Senate Bill No. 2664, 2023 Regular Session, and is subject to the same conditions therein.
SECTION 19. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the District Attorney's and staff, as authorized in House Bill No. 1625, 2022 Regular Session, for the purpose of funding additional salaries and office expenses of temporary legal assistants and support personnel as authorized by Section 25-31-5(2)(g), Mississippi Code of 1972, necessary to respond to the effects of the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending June 30, 2024..................... $ 662,486.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1625, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 20. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Office of the State Public Defender, as authorized in House Bill No. 1627, 2022 Regular Session, for the purpose of funding additional salaries and office expenses for public defenders assigned to special temporary courts that supplement those authorized under Section 9-7-25, Mississippi Code of 1972, necessary to respond to the effects of the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024...................................... $ 238,532.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1627, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 21. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Supreme Court – Trial Judges, as authorized in House Bill No. 1628, 2022 Regular Session, for the purpose of providing temporary Special Judges to help alleviate the backlog of adoption cases in Child Protection Services, and operational expenditures necessary to respond to the effects of the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024.................................... $ 1,500,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1628, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 22. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Supreme Court – Trial Judges, as authorized in House Bill No. 1628, 2022 Regular Session, for the purpose of funding additional special temporary courts that supplement those authorized under Section 9-7-25, Mississippi Code of 1972, necessary to respond to the effects of the COVID-19 pandemic as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith, for the fiscal year beginning July 1, 2023, and ending
June 30, 2024.................................... $ 1,727,683.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1628, 2022 Regular Session, and is subject to the same conditions therein.
SECTION 23. The following sum, or so much of it as may be necessary, is reappropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Mississippi Postsecondary Education Financial Assistance Board, as authorized in House Bill No. 1521, 2022 Regular Session, as amended by Senate Bill 2373, 2023 Regular Session for the purpose of providing funding for the Skilled Nursing Home and Hospital Nurses Retention Loan Repayment Program, for the fiscal year beginning July 1, 2023, and ending June 30, 2024...........................................................
.............................................. $ 6,000,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2023, from the amount authorized for the previous fiscal year. In addition, this reappropriation is made for the purposes authorized in House Bill No. 1521, 2022 Regular Session, as amended by Senate Bill No. 2373, 2023 Regular Session, and is subject to the same conditions therein.
SECTION 24. None of the funds reappropriated in this act shall be used to pay employee premium payments, with the exception of the funds reappropriated in Section 18.
SECTION 25. (1) As used in this section, the term "agency" shall mean the entities in which funds were reappropriated in Sections 1 through 23 of this act.
(2) The agency shall not disburse any funds provided under this section to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the agency'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 agency shall ensure that all funds provided under this section 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) As a condition of receiving and expending the funds provided to the agency under this section, the agency shall certify to the Department of Finance and Administration that each expenditure of the funds provided to the agency under this section 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 ARPA.
(4) 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 agency or recipient has expended or otherwise used any of the funds provided to the agency under this section 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 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 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 26. The money appropriated by this act 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, 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 27. This act shall take effect and be in force from and after July 1, 2023.