1998 Regular Session
By: Representatives Foster, Barnett (92nd), Bowles, Broomfield, Coleman (29th), Denny, Flaggs, Livingston, Maples, McCoy, McInnis
House Bill 1738
(As Sent to Governor)
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
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:
Salaries, Wages and Fringe Benefits $ 112,794,362.00
Travel and Subsistence 3,267,047.00
Contractual Services 90,000,000.00
Other Than Equipment 506,378,283.00
Subsidies, Loans and Grants 30,761,641.00
Total $ 778,974,227.00
Permanent: Full Time. . . . . . . . . 3,457
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 promotion, reclassification or reallocation, shall exceed the greater of (1) the difference between the starting salary (start step) of the current classification and the new classification added to the employee's current salary (current step), or (2) the salary that could be paid to an equally qualified, newly hired employee. If an eligible employee is currently at or above the end salary for his or her job classification, then the increase authorized by subparagraphs (b), (c) and (d) shall be built into the employee's base salary. To be eligible, employees may not have a current performance rating below "meets expectations" (2.0), as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 1999 shall receive the salary increase effective the date of the rating.
(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full time employees receive a minimum increase of Six Hundred Dollars ($600.00) and not more than Nine Hundred Dollars ($900.00), to the next higher step.
(c) Funds are provided for MH-Direct Care Worker Classifications to receive an average increase of One Thousand Five Hundred Dollars ($1,500.00). It is the intention of the Legislature that MH-Direct Care Worker Classifications increases resulting from the provisions of Senate Bill No. 2100, 1997 Regular Session, may be fully implemented as funds become available.
(d) Funds are provided for a Nine Hundred Dollar ($900.00) increase for Information Technology positions. Agencies may effect additional increases in accordance with the Information Technology Special Compensation Plan established by the State Personnel Board as funds become available.
It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2000 do not exceed Fiscal Year 1999 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi Legislature.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 3. Of the funds appropriated to the Mississippi Department of Transportation under the provisions of Section 1 and authorized for expenditure in Section 2, the following amounts shall be available for expenditure in the program budgets as required by Section 27-103-127, Mississippi Code of 1972:
Administration and Other Expenses.........$ 44,037,268.00
Debt Service..............................$ 19,557,498.00
Law Enforcement...........................$ 8,837,100.00
Aeronautics and Rails.....................$ 4,022,731.00
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, 1999, 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, Three Hundred Thousand Dollars ($300,000.00) 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 in Section 3 funds not to exceed five percent (5%) of the total funds authorized in Section 1, except that transfers cannot be made into the "Administration and Other Expense Program." 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" 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,
and in the major object of expenditure "Commodities" and the appropriate corresponding program for the fiscal year ending June 30, 1998 $ 2,000,000.00.
SECTION 13. It is the intention of the Legislature that the department may expend Two Hundred Thousand Dollars ($200,000.00) each for mass transit in Hinds County and Harrison County, Mississippi, if federal mass transit funds are available.
SECTION 14. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money not expended in Fiscal Year 1998 by the Department of Transportation in the equipment category for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 1,300,000.00.
SECTION 15. It is the intention of the Legislature that the Department, within funds available, implement the reorganization of the Weight Enforcement division which was approved by the State Personnel Board on March 18, 1998, pending legislative recognition.
SECTION 16. With the funds provided herein, it is the intention of the Legislature that Twenty-two Thousand Fifty-eight Dollars ($22,058.00) shall be transferred to the Mississippi Department of Information Technology Services for the statewide data network backbone.
SECTION 17. 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 18. 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 its passage.