MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

By: Representatives Foster, Barnett (92nd), Bowles, Broomfield, Coleman (29th), Denny, Flaggs, Livingston, Maples, McCoy, McInnis

House Bill 1738

AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; AND FOR RELATED PURPOSES, FOR THE FISCAL YEARS 1998 AND 1999.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Department of Transportation Funds, for the purpose of defraying the administrative expenses of the Mississippi Department of Transportation for the fiscal year beginning July 1, 1998, and ending June 30, 1999

$ 760,991,729.00.

SECTION 2. The following offices are supported by the funds appropriated in Section 1: The Office of Administrative Services, the Office of Highways, the Office of Aeronautics and Rails and the Office of Enforcement. Of the funds appropriated under the provisions of Section 1, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 108,291,767.00

Travel and Subsistence 3,267,047.00

Contractual Services 85,860,733.00

Commodities 22,358,741.00

Capital Outlay:

Other Than Equipment 515,020,145.00

Equipment 14,714,153.00

Subsidies, Loans and Grants 11,479,143.00

Total $ 760,991,729.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 3,437

Part Time. . . . . . . . . 19

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein. Unless otherwise permitted by law, no single event, including appointment, promotion, reclassification, reallocation, or other employee salary increase shall exceed the greater of (1) the difference between the starting salary of the current classification and the new classification added to the current salary, (2) one-half the relative distance into the current salary range added to the starting salary of the new salary range, or (3) the salary that could be paid to a newly hired employee.

(b) Funds are provided herein to implement the Information Technology Special Compensation Plan as approved by the State Personnel Board.

(b) Funds are provided herein to fund MH-Direct Care Worker classification increases resulting from implementing the provisions of Senate Bill No. 2100 passed by the 1997 Legislature.

It is the agency's responsibility to make certain that funds required to be appropriated for Personal Services for Fiscal Year 2000 do not exceed Fiscal Year 1999 funds appropriated for that purpose unless programs and/or positions are added to the agency's budget by the Mississippi Legislature.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 3. Of the funds appropriated to the Mississippi Department of Transportation under the provisions of Section 1 and authorized for expenditure in Section 2, the following amounts shall be available for expenditure in the program budgets as required by Section 27-103-127, Mississippi Code of 1972:

Administration and Other Expenses.........$ 51,848,270.00

Construction..............................$ 578,438,052.00

Maintenance...............................$ 118,737,267.00

Debt Service..............................$ 0.00

Law Enforcement...........................$ 8,295,680.00

Aeronautics and Rails.....................$ 3,672,460.00

SECTION 4. Of the funds appropriated in Section 1 and authorized for expenditure in Section 2, it is the intention of the Legislature that One Hundred Thousand Dollars ($100,000.00) shall be transferred to the Department of Wildlife, Fisheries and Parks for the Beaver Control or Eradication Program during the Fiscal Year 1999.

SECTION 5. With the funds provided herein, it is the intention of the Legislature that the department set aside One Million Dollars ($1,000,000.00) for the Emergency Contingency Fund. These funds will be taken from existing funds at the department's discretion from July 1, 1998, through March 31, 1998, at which time any unexpended funds can be utilized by the department for normal operations. These funds may be used for the correcting of hazardous road conditions due to inclement weather or acts of God.

SECTION 6. Of the funds appropriated to the Mississippi Department of Transportation, Two Hundred Thousand Dollars ($200,000.00) shall be used for the Statewide Litter Prevention Program.

SECTION 7. It is the intention of the Legislature that the Mississippi Department of Transportation shall have the authority to escalate and expend funds from any proceeds arising from participation in drug seizure activities not to exceed Fifty Thousand Dollars ($50,000.00).

SECTION 8. Of the construction funds appropriated in Section 1 and allocated in Section 2, it is the intention of the Legislature that priority shall be given in letting paving contracts on grade, drain and bridge projects which have been completed for six (6) months or more. This action will not prohibit the Department of Transportation from letting paving contracts on grade, drain and bridge projects which have been completed for less than six (6) months.

SECTION 9. Of the funds appropriated in Section 1 and allocated in Section 2, it is the intention of the Legislature that an amount no less than One Million Dollars ($1,000,000.00) shall be utilized to repair and maintain welcome centers, hospitality centers and rest areas located on the highways of Mississippi.

SECTION 10. It is the intention of the Legislature that the Executive Director of the Department of Transportation may transfer between the various programs authorized herein," funds not to exceed five percent (5%) of the total funds authorized in Section 1. The Executive Director of the Department of Transportation shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer.

SECTION 11. It is the intention of the Legislature that the Department of Transportation be allowed to escalate its budget in the "Capital Outlay: Other Than Equipment" major object of expenditure and the appropriate corresponding program, with funds generated as a result of third party damages an amount not to exceed Two Million Dollars ($2,000,000.00).

SECTION 12. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Department of Transportation, for the purpose of defraying the expenses of the Department of Transportation in the major object of expenditure "Contractual Services" and the appropriate corresponding program for the fiscal year ending June 30, 1998 $ 10, 106,153.00.

SECTION 13. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, 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 14. This act shall take effect and be in force from and after July 1, 1998, except for Section 12 which shall be in force from and after passage.