REPORT OF CONFERENCE COMMITTEE

H.B. No. 1589: Appropriation; Mississippi Department of Transportation.

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, 1999, and ending June 30, 2000

$ 963,727,779.00.

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 $ 117,240,878.00

Travel and Subsistence 3,595,253.00

Contractual Services 87,530,284.00

Commodities 26,405,943.00

Capital Outlay:

Other Than Equipment 617,687,268.00

Equipment 13,414,153.00

Subsidies, Loans and Grants 97,854,000.00

Total $ 963,727,779.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 3,470

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.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 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.........$ 43,572,069.00

Construction..............................$ 712,536,340.00

Maintenance...............................$ 137,607,052.00

Debt Service..............................$ 51,770,000.00

Law Enforcement...........................$ 9,249,542.00

Aeronautics, Rails and other..............$ 8,992,776.00

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 Agriculture and Commerce for the Beaver Control or Eradication Program during the Fiscal Year 2000.

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, 1999, through March 31, 2000, 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 ten percent (10%) 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. The Mississippi Department of Transportation is hereby authorized and directed to conduct a pilot maintenance project on U. S. Highway 78 between the Tennessee and Alabama state lines that is projected to save the department monies over a five-year period.

SECTION 13. Of the funds herein appropriated, funds in the amount of Two Hundred Thousand Dollars ($200,000.00) are provided to construct turn lanes to Highway 145 to improve safety and accessibility to Saltillo High School at Saltillo.

SECTION 14. With the funds provided herein, the department may reallocate the appropriate existing positions to the following titles: One (1) DOT-Assistant to the Commissioner and six (6) DOT-District Surveyors.

SECTION 15. 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 to the Department of Transportation in the Major Objects Of Expenditure "Contractual Services" and the appropriate corresponding program for the fiscal year ending June 30, 1999 $ 15,000,000.00,

and in the Major Objects Of Expenditure "Capital Outlay: Other Than Equipment" and the appropriate corresponding program for the fiscal year ending June 30, 1999 $ 40,000.000.00.

SECTION 16. Of the funds appropriated, whatever amount as may be necessary shall be used to begin the process of reestablishing and reopening the rest area at Pocahontas on Highway 49 North.

SECTION 17. Funds are provided herein to establish new job classifications of DOT - Rails Inspectors, as approved by the State Personnel Board.

SECTION 18. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money not expended in Fiscal Year 1999 by the Department of Transportation in the equipment category for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 3,400,000.00.

SECTION 19. Of the funds appropriated under the provisions of Section 1 and allocated under the provisions of Section 2 to the budget category "Salaries, Wages and Fringe Benefits," funds are provided to establish the following positions: One (1) Database Analyst I, two (2) Programmer Analysts II, one (1) Business Systems Analyst II, two (2) Systems Administrators II, one (1) Senior Systems Specialist, one (1) Senior Network Specialist, one (1) Systems Manager II, one (1) Business Systems Analyst II, two (2) DOT-Assistants to the Commissioner and one (1) DOT-State Surveyor.

SECTION 20. 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 21. This act shall take effect and be in force from and after July 1, 1999, except Section 15 which shall be in force from and after its passage.

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 1999 AND 2000.