Bill Text: MS HB1801 | 2020 | Regular Session | Engrossed


Bill Title: Appropriation; Administrative Office of Courts for purposes related to COVID-19.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Failed) 2020-10-02 - Died In Committee [HB1801 Detail]

Download: Mississippi-2020-HB1801-Engrossed.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Rules

By: Representative Cockerham

House Bill 1801

(As Passed the House)

AN ACT MAKING AN APPROPRIATION TO THE ADMINISTRATIVE OFFICE OF COURTS FOR THE PURPOSE OF ELIMINATING THE BACKLOG OF CASES,   PROVIDING PAID LEAVE FOR EMPLOYEES, AND IMPROVING TELEWORK CAPABILITIES FOR EMPLOYEES DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY FOR THE PERIOD BEGINNING JULY 1, 2020 AND ENDING DECEMBER 30, 2020.

     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 Budget Contingency Fund not otherwise appropriated, to the Administrative Office of courts for the purposes described in Section 2 of this act for the period beginning July 1, 2020 and ending December 30, 2020................................................$ 2,500,000.00

     SECTION 2.  The money appropriated to the Administrative Office of Courts in Section 1 of this act shall be distributed as follows:

          (a)  To the Mississippi Supreme Court for the purpose of eliminating the backlog of 30,000 cases caused by the inability of courts to presently process cases to conclusion due to the COVID-19 public health emergency, and providing paid leave for employees displaced due to the COVID-19 public health emergency............................................$ 116,915.00.

          (b)  To the Mississippi Court of Appeals for the purpose of eliminating the backlog of 30,000 cases caused by the inability of courts to presently process cases to conclusion due to the COVID-19 public health emergency, and providing paid leave for employees displaced due to the COVID-19 public health emergency..............................................$ 87,790.00

          (c)  For the purpose of appointing senior trial judges to eliminate the backlog of 30,000 cases caused by the inability of trial courts to presently process cases to conclusion due to the COVID-19 public health emergency, providing technology purchases to improve telework capabilities due to the increased need of telework services caused by the COVID-19 public health emergency, and providing paid leave for employees displaced due to the COVID-19 public health emergency................$ 2,171,480.00

          (d)  For providing technology purchases to improve telework capabilities due to the increased need of telework services caused by the COVID-19 public health emergency, and providing paid leave for employees displaced due to the COVID-19 public health emergency..............................$  100,015.00

          (e)  To the Commission on Continuing Legal Education for providing paid leave for employees displaced due to the COVID-19 public health emergency...............................$ 5,000.00

          (f)  To the Board of Bar Admissions for providing paid leave for employees displaced due to the COVID-19 public health emergency..............................................$ 18,800.00

     SECTION 3.  None of the funds appropriated under this act shall be expended or otherwise used for any purpose by the Administrative Office of Courts or by any recipient of those funds if the Administrative Office of Courts or recipient has received reimbursement for that expenditure or other use from another source of funds.

     SECTION 4.  The Administrative Office of Courts 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 Administrative Office of Courts'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 Administrative Office of Courts 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 Administrative Office of Courts under this act, the Administrative Office of Courts shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the Administrative Office of Courts 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 Administrative Office of Courts or recipient has expended or otherwise used any of the funds appropriated to the Administrative Office of Courts 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 Administrative Office of Courts or recipient, then the Administrative Office of Courts 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 appropriated by this act shall be paid by the State Treasurer out of any money in the Budget Contingency Fund 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 July 1, 2020.

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