AN ACT TO DIRECT THE STATE FISCAL OFFICER TO MAKE TRANSFERS OF CERTAIN FUNDS; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ESCALATE CERTAIN FUNDS DURING FISCAL YEAR 2020; TO PROVIDE A STATEMENT OF LEGISLATIVE INTENT AND FINDINGS; TO CREATE THE "MISSISSIPPI COVID-19 RELIEF PAYMENT FUND" AS A SPECIAL FUND IN THE STATE TREASURY FOR THE PURPOSE OF PROVIDING FUNDS FOR PAYMENTS TO CERTAIN TAXPAYERS UNDER THIS ACT; TO SPECIFY THAT ALL MONIES SHALL BE DISBURSED FROM THIS SPECIAL FUND IN COMPLIANCE WITH THE REQUIREMENTS OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT AND GUIDELINES FROM THE UNITED STATES DEPARTMENT OF THE TREASURY REGARDING THE USE OF MONIES FROM THE CORONAVIRUS RELIEF FUND; TO AUTHORIZE THE GOVERNOR TO TRANSFER UNOBLIGATED MONIES IN THE FUND AS OF NOVEMBER 1, 2020, TO ANOTHER STATE AGENCY FOR USE PURSUANT TO THE CARES ACT; TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL ESTABLISH A PROGRAM TO PROVIDE DIRECT PAYMENTS TO TAXPAYERS WITH CERTAIN NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODES THAT WERE SUBJECT TO COVID-19 RELATED STATE, MUNICIPAL AND/OR COUNTY REQUIRED BUSINESS CLOSURES; TO SET THE DIRECT PAYMENT AMOUNT AT $2,000.000 PER ELIGIBLE TAXPAYER; TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY COORDINATE WITH VARIOUS PROFESSIONAL LICENSING BOARDS AND OTHER REGULATORY ENTITIES FOR THE PURPOSE OF DETERMINING TAXPAYERS ELIGIBLE FOR PAYMENTS UNDER THIS ACT; TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COMPILE A REPORT OF ELIGIBLE TAXPAYERS AND PROVIDE THE REPORT TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION, WHICH SHALL DISBURSE THE PAYMENTS AUTHORIZED UNDER THIS ACT; TO DIRECT OTHER STATE OFFICES AND AGENCIES TO ASSIST THE MDA IN CARRYING OUT ITS DUTIES UNDER THIS ACT; TO CREATE THE "2020 COVID-19 MISSISSIPPI BUSINESS ASSISTANCE ACT"; TO DEFINE TERMS; TO ESTABLISH THE "BACK TO BUSINESS MISSISSIPPI GRANT PROGRAM," TO BE ADMINISTERED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY, FOR THE PURPOSE OF MAKING GRANTS TO ELIGIBLE BUSINESSES TO REIMBURSE THEM FOR ELIGIBLE EXPENSES; TO SPECIFY THE PRIORITY OF ELIGIBLE BUSINESSES AWARDED GRANTS UNDER THE PROGRAM; TO DIRECT THE MISSISSIPPI DEVELOPMENT AUTHORITY TO DEVELOP REGULATIONS, PROCEDURES AND APPLICATION FORMS TO GOVERN THE ADMINISTRATION OF THE PROGRAM; TO ALLOW THE MISSISSIPPI DEVELOPMENT AUTHORITY TO RETAIN A PORTION OF GRANT MONIES, NOT TO EXCEED $900,000.00, TO COVER ITS EXPENSES IN ADMINISTERING THE PROGRAM; TO PRESCRIBE THE REQUIREMENTS OF APPLICATION FOR THE GRANT; TO SPECIFY THAT THE USE OF GRANT FUNDS SHALL BE SUBJECT TO AUDIT, AND NONCOMPLIANCE WITH THE TERMS OF THE GRANT SHALL REQUIRE REPAYMENT OF GRANT MONIES TO THE STATE; TO SET CRITERIA FOR DETERMINING THE AMOUNTS OF THE PAYMENTS; TO REQUIRE THAT AT LEAST $40,000,000.00 IN GRANTS, EXCLUSIVE OF ADMINISTRATIVE EXPENSES RETAINED BY THE MDA, BE AWARDED TO MINORITY BUSINESS ENTERPRISES; TO SPECIFY THAT GRANTS AWARDED SHALL NOT BE SUBJECT TO TAX, BUT ELIGIBLE EXPENSES FOR WHICH GRANTS ARE RECEIVED MAY NOT BE ITEMIZED AS TAX DEDUCTIONS; TO CREATE THE "BACK TO BUSINESS MISSISSIPPI GRANT FUND" IN THE STATE TREASURY TO FINANCE THE PROGRAM; TO SPECIFY THAT ALL MONIES SHALL BE DISBURSED FROM THIS SPECIAL FUND IN COMPLIANCE WITH THE REQUIREMENTS OF THE CARES ACT AND GUIDELINES FROM THE UNITED STATES DEPARTMENT OF THE TREASURY REGARDING THE USE OF MONIES FROM THE CORONAVIRUS RELIEF FUND; TO AUTHORIZE THE GOVERNOR TO TRANSFER UNOBLIGATED MONIES IN THE FUND AS OF NOVEMBER 1, 2020, TO ANOTHER STATE AGENCY FOR USE PURSUANT TO THE CARES ACT; TO DIRECT OTHER STATE OFFICES AND AGENCIES TO ASSIST THE MDA IN CARRYING OUT ITS DUTIES UNDER THIS ACT; TO DIRECT THE MDA TO WORK WITH THE DEPARTMENT OF REVENUE TO VERIFY APPLICANT TAX INFORMATION, AND WITH THE DEPARTMENT OF HUMAN SERVICES TO PROMOTE APPLICATION BY CHILDCARE ORGANIZATIONS; TO DIRECT THE SECRETARY OF STATE TO NOTIFY ALL REGISTERED BUSINESSES OF THE AVAILABILITY OF GRANTS UNDER THE PROGRAM; TO PROVIDE THAT FUNDS RECEIVED UNDER THE PAYCHECK PROTECTION PROGRAM (PPP) SHALL NOT BE SUBJECT TO TAX, BUT ELIGIBLE EXPENSES FOR WHICH PPP FUNDS ARE RECEIVED MAY NOT BE ITEMIZED AS TAX DEDUCTIONS; TO PROVIDE THAT A DECLARATION OF ANY PORTION OF THIS ACT AS INVALID SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ACT; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 37-61-33, 41-113-11, 27-103-125, 27-103-139, 27-103-203, 27-103-211, 27-103-213, 27-103-303
As Passed by the Senate: 37-61-33, 41-113-11, 27-103-125, 27-103-139, 27-103-203, 27-103-211, 27-103-213, 27-103-303