MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Appropriations

By: Representatives Livingston, Green, Denny, Gadd, McBride, Read, Watson

House Bill 1636

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES FOR THE FISCAL YEAR 2001.

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 General Fund not otherwise appropriated, for the support and maintenance of the Department of Marine Resources for the fiscal year beginning July 1, 2000, and ending June 30, 2001

$ 2,596,647.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Marine Resources for the fiscal year beginning July 1, 2000, and ending June 30, 2001 $ 10,549,166.00.

Of the funds appropriated in this section, Three Million Fifty Thousand Dollars ($3,050,000.00) is derived from the state excise taxes upon gasoline, oil and other petroleum products.

SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purpose of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 4,723,541.00

Travel and Subsistence 83,460.00

Contractual Services 1,516,931.00

Commodities 523,708.00

Capital Outlay:

Other Than Equipment 100,000.00

Equipment 785,743.00

Subsidies, Loans and Grants 5,412,430.00

Total $ 13,145,813.00

FUNDING:

General Funds $ 2,596,647.00

Special Funds 10,549,166.00

Total $ 13,145,813.00

AUTHORIZED POSITIONS:

Permanent: Full Time 112

Part Time 0

Time-Limited: Full Time 20

Part Time 0

Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Four Hundred Fifty Dollars ($450.00) per annum.

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2002 do not exceed Fiscal Year 2001 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2002 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2001 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2001 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

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 4. It is the intention of the Legislature that the Department of Marine Resources shall have the authority to receive, budget and expend funds from any source that may become available to the department in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 5. Of the funds appropriated in Section 2, Five Million One Hundred Fifty-one Thousand Eighty-five Dollars ($5,151,085.00) shall come from any money in the State Treasury to the credit of the Tidelands Fund No. 3452, to the Department of Marine Resources for the Tidelands projects listed below:

PUBLIC ACCESS PROJECTS:

Biloxi Port Commission-West Biloxi Boat

Launch/Marina . . . . . . . . . . . . . $ 250,000.00

Biloxi Port Commission-Point Cadet

Marina-J Pier . . . . . . . . . . . . . 150,000.00

Biloxi Port Commission-Deer Island

Beach Restoration . . . . . . . . . . . 150,000.00

Biloxi Port Commission-Lighthouse Fishing

Docks . . . . . . . . . . . . . . . . . 150,000.00

D'Iberville Port Commission-Marina

Complex-Phase V . . . . . . . . . . . . 150,000.00

City of Gulfport-Moses Pier Improvements-

Phase II. . . . . . . . . . . . . . . . 200,000.00

City of Gulfport-Urie Pier Improvements-

Phase III . . . . . . . . . . . . . . . 50,000.00

City of Gulfport-Courthouse Road Boat

Launch Area-Phase I . . . . . . . . . . 200,000.00

City of Pass Christian-E. Harbor Bulkhead

Repairs/Upgrades. . . . . . . . . . . . 250,000.00

City of Long Beach-FY2001 Harbor

Improvements . . . . . . . . . . . . . 250,000.00

Harrison County Board of Supervisors-Popps

Ferry-Phase III . . . . . . . . . . . . 150,000.00

City of Bay St. Louis-Ulman Avenue

Pier-Phase III . . . . . . . . . . . . 100,000.00

City of Waveland-Phase III Pier Expansion/

Related Improvements . . . . . . . . . 150,000.00

City of Gautier-Graveline Bayou Sys.Siltation

Control Plan-Phase I. . . . . . . . . . 100,000.00

City of Pascagoula-Bayou Chicot Dredging . . 100,000.00

City of Pascagoula-Reclamation and Conservation

Round Island Lighthouse Beach . . . . . 100,000.00

Jackson County Board of Supervisors-Ocean

Springs Harbor Phase II . . . . . . . . 210,000.00

Jackson County Board of Supervisors-

St. Martin Bayou Phase I. . . . . . . . 136,000.00

Biloxi Bay Chamber of Commerce-Marsh Development

With Public Access Bathing Piers and

Shelters . . . . . . . . . . . . . . . 50,000.00

TOTAL PUBLIC ACCESS. . . . . . . . . . . . . $2,896,000.00

MANAGEMENT PROJECTS:

DMR-Marine Studies and Project Initiatives . $2,055,085.00

Maritime and Seafood Industry Museum . . . . 200,000.00

TOTAL MANAGEMENT . . . . . . . . . . . . . . $2,255,085.00

TOTAL TIDELANDS APPROPRIATION . . . . . . . $5,151,085.00

Each political subdivision receiving funds authorized in this section shall be held responsible for complying with Section 29-15-9, Mississippi Code of 1972, and shall be subject to an audit by the State Auditor and shall submit detailed reports beginning June 30, and every six (6) months thereafter for the duration of the project to the Department of Marine Resources on how funds authorized in this section were expended.

It is the intention of the Legislature that any political subdivision seeking to qualify for tidelands funds for the subsequent fiscal year shall submit a proposal to the Department of Marine Resources no later than July 1, 2000. All proposals submitted will be reviewed and evaluated by the Department of Marine Resources in accordance to department plans and procedures. Multi-phased projects, multi-year projects, proposed projects with high dollar value and projects that have a record of stacking funds shall be considered as low priority projects when evaluated.

It is the intention of the Legislature that if the amount of the tidelands funds appropriated in this act exceed the actual amount of tidelands funds available, the available funds shall be made allocated on a pro rata basis between projects listed in this section.

SECTION 6. It is the intention of the Legislature that any funds appropriated to Jackson County Board of Supervisors in House Bill No. 1635, 1996 Regular Session, and not yet expended on Fort Bayou Park and Boat Ramp, may be used to perform dredging at the mouth of the Fort Bayou Channel.

SECTION 7. Of the funds appropriated under the provisions of this act, the Department of Marine Resources may expend out of these funds such sums as may be necessary to provide transportation and transportation related services, including the operation or use of buses, vans or other vehicles owned or leased by the Department of Marine Resources, in support of the annual meeting of the Southern Legislative Conference hosted by the State of Mississippi.

SECTION 8. 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 9. This act shall take effect and be in force from and after July 1, 2000.