HB 109 — State budget; enact and revise various provisions relating to.

HB 109 (As PassedSent theto House)Governor) - 2021 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Read House Bill 109 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTIONS 27-103-125 AND 27-103-139, MISSISSIPPI CODE OF 1972, TO DELETE SOME TEMPORARY EXCEPTIONS FROM THE REQUIREMENTS FOR PREPARING THE PROPOSED STATE BUDGET;

TO AMEND SECTIONS 1 AND 9 OF CHAPTER 43, LAWS OF 2020, TO TRANSFER A PORTION OF THE FUNDS APPROPRIATED FOR THE SUPPORT OF THE PUBLIC COMMUNITY COLLEGES TO FUND LIFE AND HEALTH INSURANCE FOR EMPLOYEES OF THE PUBLIC COMMUNITY COLLEGES;

TO REPEAL SECTION 16 OF CHAPTER 78, LAWS OF 2020, WHICH APPROPRIATES A CERTAIN AMOUNT FROM THE CAPITAL EXPENSE FUND TO THE DIVISION OF MEDICAID;

TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE DESIGNATED AS THE "MDA SITE DEVELOPMENT GRANT PROGRAM FUND," WHICH SHALL BE USED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY TO MAKE GRANTS TO ASSIST ELIGIBLE ENTITIES UNDER THE MISSISSIPPI SITE DEVELOPMENT GRANT PROGRAM;

TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER THE FULL BALANCE IN THE STATE PUBLIC SCHOOL EDUCATION TECHNOLOGY FUND INTO THE CAPITAL EXPENSE FUND;

TO DIRECTCREATE IN THE STATE FISCALTREASURY OFFICERA SPECIAL FUND TO MAKEBE CERTAINDESIGNATED TRANSFERSAS TOTHE "DEQ WATER, LAND AND AIR CONTAMINATION PROJECTS FUND," WHICH SHALL BE USED BY THE CAPITALMISSISSIPPI EXPENSEDEPARTMENT FUNDOF DURINGENVIRONMENTAL FISCALQUALITY YEARFOR 2021;THE PURPOSE OF ASSESSMENT, REMEDIATION, OPERATION AND MAINTENANCE, COST-SHARING, OVERSIGHT AND ADMINISTRATION OF WATER, LAND AND AIR CONTAMINATION PROJECTS WITHIN THE STATE OF MISSISSIPPI;

TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER A CERTAIN SUM FROM THE ATTORNEY GENERAL CONTINGENT FUND TO THE DEQ WATER, LAND AND AIR CONTAMINATION PROJECTS FUND;

TO AUTHORIZE CERTAIN SPECIAL FUND AGENCIES TO ESCALATE THEIR BUDGETS DURING FISCAL YEAR 2022 TO IMPLEMENT AND FUND INCREASES IN THE ANNUAL SALARIES OF THEIR EMPLOYEES;

TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE DESIGNATED AS THE "CORONAVIRUS STATE FISCAL RECOVERY FUND," WHICH SHALL CONSIST OF ALL FUNDS RECEIVED BY OR ON BEHALF OF THE STATE OF MISSISSIPPI THROUGH THE CORONAVIRUS STATE FISCAL RECOVERY FUND OF THE AMERICAN RESCUE PLAN ACT OF 2021;

TO PROVIDE THAT MONIES IN THE FUND SHALL ONLY BE SPENT UPON APPROPRIATION BY THE LEGISLATURE AND SHALL ONLY BE USED AS PROVIDED IN THE CORONAVIRUS STATE FISCAL RECOVERY FUND OF THE AMERICAN RESCUE PLAN ACT OF 2021;

TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE DESIGNATED AS THE "CORONAVIRUS LOCAL FISCAL RECOVERY FUND," WHICH SHALL CONSIST OF ALL FUNDS RECEIVED BY OR ON BEHALF OF THE STATE OF MISSISSIPPI THROUGH THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND OF THE AMERICAN RESCUE PLAN ACT OF 2021 FOR DISTRIBUTION TO NONENTITLEMENT UNITS OF LOCAL GOVERNMENT;

TO PROVIDE THAT THE FUND SHALL BE ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION;

TO PROVIDE THAT THE DEPARTMENT OF FINANCE AND ADMINISTRATION SHALL DISTRIBUTE THE FUNDS TO NONENTITLEMENT UNITS OF LOCAL GOVERNMENT IN ACCORDANCE WITH THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND OF THE AMERICAN RESCUE PLAN ACT OF 2021;

TO PROVIDE THAT THE FUNDS SHALL ONLY BE USED AS PROVIDED IN THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND OF THE AMERICAN RESCUE PLAN ACT OF 2021;

TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE ROSS BARNETT RESERVOIR DREDGING FUND, WHICH SHALL CONSIST OF MONIES DEPOSITED INTO FUND BY THE BOARD OF DIRECTORS OF THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT FROM THE LEASE PAYMENTS, FEES AND OTHER FUNDS RECEIVED BY THE DISTRICT DURING THE FISCAL YEAR;

     (3)  The Working Cash-Stabilization Reserve Fund, except for Fifteen Million Dollars ($15,000,000.00) and the amount of the interest and income earned on the principal of the Ayers Endowment Trust created by Section 37-101-27, shall be used by the State Treasurer for cash flow needs throughout the year when the Executive Director of the Department of Finance and Administration certifies that in his opinion there will be cash flow deficiencies in the State General Fund.  No borrowing of monies from other special funds for such purposes as authorized by Section 31-17-101 et seq., shall be made as long as an unencumbered balance in excess of Fifteen Million Dollars ($15,000,000.00) and the interest and income earned on the principal of the Ayers Endowment Trust created by Section 37-101-27 remains in the fund.  The State Treasurer shall reimburse the fund for all sums borrowed for those purposes from General Fund revenues collected during the fiscal year in which those funds are used.  The State Treasurer shall immediately notify the Legislative Budget Office and the State Department of Finance and Administration of each transfer into and out of the fund.fund.  Fifteen Million Dollars ($15,000,000.00) in the Working Cash-Stabilization Reserve Fund shall remain available for exclusive use of the Ayers Endowment Trust created by Section 37-101-27.  If the Ayers Settlement Fund is created under Section 37-101-27(5), beginning when a total of Fifty-five Million Dollars ($55,000,000.00) has been deposited into the fund, for each annual deposit of interest to that fund under subsection (2) of this section, the Ayers Endowment Trust created under Section 37-101-27(1) shall be reduced by an equal amount annually until the Ayers Endowment Trust reaches Zero Dollars ($0.00), at which time any requirements concerning the Ayers Endowment Trust in this section shall be null and void.

 Fifteen Million Dollars ($15,000,000.00) in the Working Cash-Stabilization Reserve Fund shall remain available for exclusive use of the Ayers Endowment Trust created by Section 37-101-27.  If the Ayers Settlement Fund is created under Section 37-101-27(5), beginning when a total of Fifty-five Million Dollars ($55,000,000.00) has been deposited into the fund, for each annual deposit of interest to that fund under subsection (2) of this section, the Ayers Endowment Trust created under Section 37-101-27(1) shall be reduced by an equal amount annually until the Ayers Endowment Trust reaches Zero Dollars ($0.00), at which time any requirements concerning the Ayers Endowment Trust in this section shall be null and void.

 * * * * * *   However,However, for fiscal years 2010, 2011, 2012, 2015, 2016 and 2017 only, the total sum appropriated by the Legislature from the State General Fund shall not exceed one hundred percent (100%) of the amount of the general fund revenue estimate for that fiscal year, and for fiscal year 2018, the total sum appropriated by the Legislature from the State General Fund shall not exceed ninety‑nine percent (99%) of the amount of the general fund revenue estimate adopted by the Joint Legislative Budget Committee for that fiscal year.

     SECTION 7.  NotSection later1 thanof thirtyChapter (30)43, daysLaws after the effective date of this2020, act,is theamended Stateas Fiscalfollows: Officer shall transfer the full balance in the Mississippi Development Authority Job Training Grant Fund into the Capital Expense Fund.

    Section SECTION1.  8. The Sectionfollowing 57-1-451,sum, Mississippior Codeso much thereof as may be necessary, is hereby appropriated out of 1972,any whichmoney createsin the MississippiState DevelopmentGeneral AuthorityFund Jobnot Trainingotherwise Grantappropriated, Fund,for isthe repealedaid thirtyand (30)support daysof afterthe public community and junior colleges for the effectivefiscal dateyear ofbeginning thisJuly act.1, 2020, and ending June 30, 2021........................................

    ....................................... SECTION 9.  During fiscal year 2021, the State Fiscal Officer shall transfer to the Capital Expense Fund out of the following enumerated funds, the amounts listed below from each fund:

FUND                         * * *$143,314,415.00   FUND$142,948,318.00. NUMBER                 AMOUNT General Fund                 2999000000                   $1.00 Treasurer's Office –    Abandoned Property         3317800000                  $1.00 TOTAL                                                    $2.00      SECTION 10.  This act shall take effect and be in force from and after its passage.

     SECTION 8.  Section 8 of Chapter 43, Laws of 2020, is amended as follows:

Section 8.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the aid of the public community and junior colleges, to fund life and health insurance, for all employees of the public community and junior colleges for the fiscal year beginning July 1, 2020, and ending June 30, 2021...........................

 * * *$23,888,400.00   $24,254,533.00.

     The funds allocated in this section shall only be used to participate in the State and School Employees' Life and Health Insurance Plan.  Any funds appropriated in this section which are not expended during the fiscal year shall be carried forward for the same purposes during the next succeeding fiscal year.

     SECTION 9.  Section of Chapter 78, Laws of 2020, which appropriates a certain amount from the Capital Expense Fund to the Division of Medicaid, is repealed.

     SECTION 10.  There is created in the State Treasury a special fund to be designated as the "MDA Site Development Grant Program Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into the fund.  Monies in the fund shall be used by the Mississippi Development Authority, upon appropriation by the Legislature, to make grants to assist eligible entities under the Mississippi Site Development Grant Program as provided in Section 57-1-701.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

     SECTION 11.  Not later than thirty (30) days after the effective date of this act, the State Fiscal Officer shall transfer the full balance in the Mississippi Development Authority Job Training Grant Fund into the Capital Expense Fund.

     SECTION 12.  Not later than thirty (30) days after the effective date of this act, the State Fiscal Officer shall transfer the full balance in the State Public School Education Technology Fund into the Capital Expense Fund.

     SECTION 13.  Section 57-1-451, Mississippi Code of 1972, which creates the Mississippi Development Authority Job Training Grant Fund, is repealed thirty (30) days after the effective date of this act.

     SECTION 14.  (1)  There is created in the State Treasury a special fund to be designated as the "DEQ Water, Land and Air Contamination Projects Fund," which shall consist of funds transferred from the Attorney General Contingent Fund under the provisions of subsection (2) of this section, any other funds made available by the Legislature in any manner and funds from any other source designated for deposit into the fund.  Monies in the fund shall be used by the Mississippi Department of Environmental Quality, upon appropriation by the Legislature, for the purpose of assessment, remediation, operation and maintenance, cost-sharing, oversight and administration of water, land and air contamination projects within the State of Mississippi pursuant to the 2020 settlement in the case of The State of Mississippi ex rel.

Lynn Fitch, Attorney General vs.

EnPro, Inc., et.al.;

Cause No.

CV-2017-19-JMY2.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.

     (2)  During fiscal year 2022, the State Fiscal Officer shall transfer the sum of One Million Dollars ($1,000,000.00) from the Attorney General Contingent Fund to the DEQ Water, Land and Air Contamination Projects Fund created in subsection (1) of this section.

     SECTION 15.

(1)  It is the intent of the Legislature that the agencies listed in subsection (2) of this section shall have the authority to expend funds from any source that may become available to the agency in fiscal year 2022 in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds for the purpose of implementation and funding Project SEC2 of the Colonel Guy Groff State Variable Compensation Plan beginning January 1, 2022 and ending June 30, 2022.