Bill Text: MS SB2454 | 2023 | Regular Session | Enrolled
Bill Title: Budget; revise provisions related to and provide for transfers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-04-21 - Approved by Governor [SB2454 Detail]
Download: Mississippi-2023-SB2454-Enrolled.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Appropriations
By: Senator(s) Hopson
Senate Bill 2454
(As Sent to Governor)
AN ACT TO DIRECT THE STATE FISCAL OFFICER TO MAKE CERTAIN TRANSFERS FROM THE CAPITAL EXPENSE FUND UPON THE EFFECTIVE DATE OF THIS ACT; TO DIRECT THE STATE FISCAL OFFICER TO MAKE CERTAIN TRANSFERS FROM THE GENERAL FUND UPON THE EFFECTIVE DATE OF THIS ACT AND DURING FISCAL YEAR 2024; TO DIRECT THE STATE FISCAL OFFICER TO MAKE A TRANSFER FROM THE CAPITAL EXPENSE FUND UPON THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 65-1-141.1, MISSISSIPPI CODE OF 1972, TO MAKE A MINOR, NONSUBSTANTIVE REVISION TO THE PURPOSES UNDER WHICH MONIES SHALL BE SPENT FROM THE 2022 MAINTENANCE PROJECT FUND; TO AMEND SECTION 65-1-141.2, MISSISSIPPI CODE OF 1972, TO MAKE A MINOR, NONSUBSTANTIVE REVISION TO THE PURPOSES UNDER WHICH MONIES SHALL BE SPENT FROM THE 2022 CAPACITY PROJECT FUND; TO AMEND SECTION 2, SENATE BILL NO. 2525, 2023 REGULAR SESSION, TO MAKE CERTAIN REVISIONS TO THE FUNDING MECHANISM OF THE FORESTRY FACILITY GRANT PROGRAM FUND; TO AMEND SECTION 1, CHAPTER 43, LAWS OF 2022, TO REDUCE THE AMOUNT OF ARPA FUNDS APPROPRIATED TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 2023; TO PROVIDE FUNDS TO DESTINATION MARKETING ORGANIZATIONS FOR COSTS OF CERTAIN MARKETING ACTIVITIES, PROVIDING ASSISTANCE TO NONPROFIT MUSEUMS, AND PROVIDING FUNDS TO MISSISSIPPI MAIN STREET ASSOCIATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Upon the effective date of this act, the State Fiscal Officer shall transfer the amounts listed below from the Capital Expense Fund (Fund No. 6499C00000) to each of the following named funds:
FUND FUND NUMBER AMOUNT
2022 Capacity Project
Fund 6619420000 $ 450,000,000.00
2022 Emergency Road and
Bridge Fund 6619440000 $ 100,000,000.00
2022 Infrastructure
Match Fund 6619430000 $ 40,000,000.00
Mississippi Historic Site
Preservation Fund 3348400000 $ 2,000,000.00
Mississippi Community
Heritage Pres Grant
Fund 3347600000 $ 5,000,000.00
Forestry Facility Grant
Program created in
this act $ 5,000,000.00
TOTAL $ 602,000,000.00
SECTION 2. Upon the effective date of this act, the State Fiscal Officer shall transfer the sum of Ten Million Dollars ($10,000,000.00) from the General Fund (Fund No. 2999000000) to the Disaster Trust Fund (Fund No. 3372500000).
SECTION 3. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Fifteen Million Dollars ($15,000,000.00) from the General Fund (Fund No. 2999000000) to the Mississippi Outdoor Stewardship Trust Fund (Fund No. 3316200000).
SECTION 4. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) from the General Fund (Fund No. 2999000000) to the Human Trafficking Fund (Fund No. 3307800000).
SECTION 5. During the fiscal year 2024, the State Fiscal Officer shall transfer the sum of Thirty Million Dollars ($30,000,000.00) from the Capital Expense Fund (Fund No. 6499C00000) to the Strategic Multi-Modal Investments Fund created in Senate Bill No. 2559, 2023 Regular Session.
SECTION 6. During fiscal year 2024, the State Fiscal Officer shall transfer the sum of Three Hundred Thousand Dollars ($300,000.00) from the Capital Expense Fund (Fund No. 6499C00000) to the Derelict Vessel Fund created in Section 49-27-71, Mississippi Code of 1972, to be used for the purposes of removal of Derelict Vessels provided in Section 49-27-71, Mississippi Code of 1972.
SECTION 7. Section 65-1-141.1, Mississippi Code of 1972, is amended as follows:
65-1-141.1. There is created
in the State Treasury a special fund to be designated as the "2022 Maintenance
Project Fund," which shall consist of funds made available by the Legislature
in any manner and funds from any other source designated for deposit into such fund.
The fund shall be maintained by the State Treasurer as a separate and special fund,
separate and apart from the General Fund of the state. 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. Monies in the fund shall be used by the Department of
Transportation, upon appropriation by the Legislature, to provide for maintenance
projects * * *
included in the Pavement Program of the Three-Year Plan as adopted by,
amended by, or reissued by the Mississippi Transportation Commission * * *
under the authority of Section 65-1-141.
SECTION 8. Section 65-1-141.2, Mississippi Code of 1972, is amended as follows:
65-1-141.2. There is created
in the State Treasury a special fund to be designated as the "2022 Capacity
Project Fund," which shall consist of funds made available by the Legislature
in any manner and funds from any other source designated for deposit into such fund.
The fund shall be maintained by the State Treasurer as a separate and special fund,
separate and apart from the General Fund of the state. 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. Monies in the fund shall be used by the Department of
Transportation, upon appropriation by the Legislature, to provide for capacity projects * * * included in the Capacity Program
of the Three-Year Plan as adopted by, amended by, or reissued by the Mississippi
Transportation Commission * * * on Minute Book 105, page 732 and further required by under
the authority of Section 65-1-141.
SECTION 9. Section 2 of Senate Bill No. 2525, 2023 Regular Session, is hereby amended as follows:
Section 2. (1) For the purposes of this section:
(a) "Under public control" means held or controlled by the public, or held by a public option.
(b) "Growth-to-drain" means a one and five (1.5) growth to one (1) drain ratio of trees within a fifty-mile radius of the facility, which can be verified by the Mississippi Forestry Commission.
(c) "Eligible recipients" shall mean a forestry facility project that satisfies the criteria as outlined in this section, and has applied for grant funding to install utility, infrastructure and transportation projects only. A recipient will be found to be ineligible for a grant, if their project seeks to use grant funding for construction of their facility or project.
(d) "The committee" means a committee consisting of the Executive Director of the Mississippi Development Authority, Chief of Economic Development, the MDA Forest Products expert, an appointee from the Governor's office and an appointee from the Lieutenant Governor's office, that is tasked with approving grant recipients in accordance with this section.
(2) Eligible applicants include municipalities, county governments, existing forestry product facilities and regional economic development entities. To apply, applicants must submit their proposals to the Mississippi Development Authority (MDA). The MDA shall accept applications from eligible recipients, prioritize these applications and submit suggested recipients to the committee by no later than December 1. Beginning July 1, 2024, and each year thereafter, the committee shall review the submitted list and choose to award grants to the eligible recipients through the Mississippi Development Authority. The MDA will consider and prioritize projects in relation to the following criteria:
(a) The project has a minimum investment of Ten Million Dollars ($10,000,000.00);
(b) The project site utilizes at least fifty (50) acres of land under public control;
(c) Applicant proposes to use funds for the purpose of utility, infrastructure and/or transportation development;
(d) The project produces a high level of public benefit;
(e) The project demonstrates best practices and complies with the required growth-to-drain ratio;
(f) The project will comply with and expand upon existing infrastructure in the community;
(g) The distribution of geographic size and location of the project; and
(h) The applicant can demonstrate the ability of the proposed project to be completed on time.
(3) The Mississippi Development Authority shall provide grant funds to the forestry facility projects as approved by the committee upon completion of the project. Award amounts shall not exceed seventy-five percent (75%) of the total infrastructure project cost. Grantees shall not receive compensation for expenses related to the construction of their project.
(4) Eligible costs of grant funds include the acquisition of land and any improvements thereon, the installation of power lines, gas lines, water systems, sewage systems, roads, railroads and other infrastructure-related projects that are necessary for project completion and/or expansion, and complying with existing community needs and infrastructure.
(5) Grants may be awarded for both existing projects and development of prospective sites. In the latter case, the project shall be made to help establish or complete a forestry products project.
(6) Public grantees must adhere to Mississippi state procedures and guidelines as it relates to the implementation and financing of the approved project. Grantees must also submit any and all audit financial statements as required by the State of Mississippi.
(7) There is created in the
State Treasury a special fund to be known as the "Forestry
Facility Grant Program Fund," * * * which * * * may be established with a sum of up
to Ten Million Dollars ($10,000,000.00). Awards authorized under the Forestry
Facility Grant Program shall be disbursed by the Mississippi Development Authority.
The fund shall consist of monies appropriated by the Legislature and funds
received as grants, endowments or gifts from the federal government, its
agencies and instrumentalities and funds from any other available sources,
public or private. Any unexpended monies remaining in the fund, including
interest thereon, at the end of each fiscal year, shall not lapse to the State
General Fund, but shall remain in the fund.
(8) The Director of the Mississippi Development Authority shall establish, administer, manage, and make expenditures and allocations of grant funds and shall establish guidelines for applications, evaluations and awards of grant funds. The MDA shall utilize no more than two percent (2%) of funds awarded to the program for administrative expenses.
(9) To carry out this act, the Mississippi Development Authority may enter into cooperative agreements with entities in the public and private sectors, including:
(a) Primary forestry product mills and residual forest products facilities;
(b) Companies in a recognized forestry-related industry;
(c) State and local agencies; and
(d) Nonprofit organizations for economic development.
(10) The Mississippi Development Authority may require that recipients seek and secure technical assistance from the Mississippi Forestry Commission. The Mississippi Forestry Commission will provide administrative support to local forestry project grantees to ensure proper growth-to-drain criteria as defined herein.
SECTION 10. Section 1, Chapter 43, Laws of 2022, is amended as follows:
Section 1. The following sum, or so much of it as may be
necessary, is appropriated out of any money in the Coronavirus State Fiscal Recovery
Fund not otherwise appropriated, to the Department of Finance and Administration
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, 2022, and
ending June 30, 2023.
......................................... $ * * *
35,000,000.00.
SECTION 11. This act shall take effect and be in force from and after its passage.
