SB 3047 — The Mississippi County and Municipality Emergency Relief Program; establish.

SB3047 (As PassedSent theto Senate)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Hill, Barnett, Blackwell, Branning, Butler, Chassaniol, DeBar, Fillingane, Harkins, Jackson (11th), Jackson (32nd), Jordan, McCaughn, McLendon, McMahan, Norwood, Parker, Parks, Seymour, Simmons (12th), Simmons (13th), Suber, Tate, Thomas, Thompson, Witherspoon, Younger Senate Bill 3047 (As PassedSent theto Senate)Governor) AN ACT TO ESTABLISH THE MISSISSIPPI COUNTY AND MUNICIPALITY EMERGENCY RELIEF PROGRAM WHICH SHALL BE ADMINISTERED BY THE MISSISSIPPI DEVELOPMENTEMERGENCY AUTHORITYMANAGEMENT AGENCY TO REIMBURSE COUNTIES AND MUNICIPALITIES FOR ELIGIBLE EXPENDITURES INCURRED IN RESPONSE TO THE COVID-19 PANDEMIC;

TO REQUIRE THE MISSISSIPPI DEVELOPMENTEMERGENCY AUTHORITYMANAGEMENT AGENCY TO PROMULGATE REGULATIONS AND DEVELOP PROCEDURES TO GOVERN THE ADMINISTRATION OF THE PROGRAM, INCLUDING A REIMBURSEMENT PROCESS;

TO PROVIDE THAT THE MISSISSIPPI DEVELOPMENTEMERGENCY AUTHORITYMANAGEMENT AGENCY MAY RETAIN A CERTAIN AMOUNT OF FUNDS TO ADMINISTER THE PROGRAM;

TO CREATEPROVIDE THAT THE "COUNTYMISSISSIPPI EMERGENCY RELIEFMANAGEMENT FUND"AGENCY ANDSHALL DISBURSE THE "MUNICIPALITYFUNDS EMERGENCYTO RELIEFCOUNTIES FUND"AND WITHINMUNICIPALITIES AS AUTHORIZED BY THIS ACT FROM THE STATECOVID-19 TREASURY;FUND (FUND NUMBER 5820200000);

TO PROVIDE THAT THE MISSISSIPPI DEVELOPMENT AUTHORITY SHALL DISBURSE THE FUNDS TO COUNTIES AUTHORIZED BY THIS ACT FROM THE "COUNTY EMERGENCY RELIEF FUND" AND THE FUNDS TO MUNICIPALITIES AUTHORIZED BY THIS ACT FROM THE "MUNICIPALITY EMERGENCY RELIEF FUND";

     SECTION 1.  There is established the Mississippi County and Municipality Emergency Relief Program, which shall be administered by the Mississippi DevelopmentEmergency AuthorityManagement Agency for the purpose of reimbursing counties and municipalities for eligible expenditures incurred in response to the COVID-19 pandemic.

          (b)  "Authority""Agency" means the Mississippi DevelopmentEmergency Authority.Management Agency.

                   5.  Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment.

                   1.  Expenses for communication and enforcement by state, territorial, local, and tribal governments of public health orders related to COVID-19.

                   3. 3. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.

 Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.

                   2.  Expenses to facilitateimprove distancetelework learning,capabilities includingfor technologicalpublic improvementsemployees in connection with school closings to enable compliance with COVID-19 public health precautions.

                   3.  Expenses toof improveproviding teleworkpaid capabilitiessick forand paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.                     4.  COVID-19-related expenses of maintaining state prisons and county jails, including as it relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.

                   4. 5.  Expenses offor providingcare paidfor sickhomeless andpopulations paidprovided family and medical leave to publicmitigate employees to enable compliance with COVID-19 publiceffects health precautions.                     5.  COVID-19-related expenses of maintaining state prisons and county jails, including as it relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.

                   6.  Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions.

                   1.  Expenditures related to thea provisionstate, ofterritorial, grantslocal, toor smalltribal businessesgovernment topayroll reimbursesupport theprogram. costs of business interruption caused by required closures.

                                  2.  ExpendituresUnemployment insurance costs related to athe state,COVID-19 territorial,public local,health oremergency tribalif such costs will not be reimbursed by the federal government payrollpursuant supportto program.the CARES Act or otherwise.

                3.  Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.

     "Eligible expenditure" does not include expenses for the state share of Medicaid, damages covered by insurance, payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds, reimbursement to donors for donated items or services, workforce bonuses other than hazard pay or overtime, severance pay, legal settlements or any other expenditure determined to be ineligible by the authority.agency.

     SECTION 3.  (1)  The authorityagency shall:

          (a)  Promulgate regulations and develop procedures to govern the administration of this program, including a reimbursement process with a written form for each county or municipality to submit eligible expenditures to the authorityagency and receive reimbursement from the authority;agency;

          (d)  Begin making initial disbursements to the counties and municipalities byno later than August 15, 2020, for applicable, submitted eligible expenditures;

     (2)  The authorityagency may retain up to OneFive Hundred Thousand Dollars ($100,000.00)($500,000.00) of funds available under this act to administer this program.

          (a)  A certifiedRequest applicationfor Public Assistance (RPA) to the authority,agency, detailing each eligible expenditure;

          (b)  The original, itemized receipts and/or invoices of purchases and services paid by the county or municipality or the substantiated equivalent thereof as determined by the authority;agency;

     SECTION 6.  (1)  ThereFunds isappropriated createdfor apurposes specialof fundthis inact shall be deposited into COVID-19 Fund (Fund Number 6820174100) and the Stateagency Treasury,shall create separate internal order numbers for county emergency relief assistance funds, from which the agency shall disburse the funds to becounties knownas authorized by this act as well as the "Countymunicipality Emergencyemergency Reliefrelief Fund,"assistance funds, from which the authorityagency shall disburse the funds to countiesmunicipalities authorized by this act.

     (2)  ThereAll ismonies createdshall abe specialdisbursed fundfrom the COVID-19 Fund described in subsection (1) of this section in compliance with the Stateguidelines, Treasury,guidance, torules, beregulations knownand/or other criteria, as may be amended from time to time, of the "MunicipalityUnited EmergencyStates ReliefDepartment Fund,"of the Treasury regarding the use of monies from whichthe Coronavirus Relief Fund established by the authorityCARES Act.  If on November 30, 2020, there are unobligated monies in the COVID-19 Fund described in subsection (1) of this section, including any undisbursed portion of a county's or municipality's pro-rata share, the Governor shall disbursehave the fundsdiscretion to municipalitiestransfer authorizedmonies byto thisanother act.state agency to be used for eligible expenditures pursuant to the CARES Act.

     (3)  AllThe moniesuse shallof be disbursed from these funds inallocated complianceunder withthis theprogram guidelines,shall guidance, rules, regulations and/or other criteria, as may be amendedsubject from time to time,audit ofby the United States Department of the TreasuryTreasury's regardingOffice the use of moniesInspector fromGeneral theand Coronavirus Relief Fund established by the CARESMississippi Act. Office If on November 30, 2020, there are unobligated monies in either fund, including any undisbursed portion of a county's or municipality's pro-rata share, the GovernorState shallAuditor. have the discretion to transfer monies to another state agency to be used for eligible expenditures pursuant to the CARES Act.

     Each (4)  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 county or municipality, or other entity or person receiving funds under this program, found to be fully or partially noncompliant with the requirements in this act, shall return to the state all or a portion of the funds received.

     SECTION 7.  The authorityagency shall report on the utilization of the program to the Chair of the County Affairs and Municipalities Committees of the Senate and the House of Representatives, the Lieutenant Governor, the Speaker of the House and the Governor by OctoberSeptember 1, 2020.  At a minimum, the report shall contain: