MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Appropriations
By: Representative Frierson, Shows, Barnett, Capps, Davis, Hamilton (109th), Markham, Miles, Peranich, Read, Vince, Weathersby
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES FOR THE FISCAL YEAR 2005.
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, 2004, and ending June 30, 2005..........
........................................... $ 1,719,069.00.
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, 2004, and ending June 30, 2005........................ $ 8,425,940.00.
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. With the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 107
Part Time........... 0
Time-Limited:Full Time........... 51
Part Time........... 1
Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Four Hundred Fifty Dollars ($450.00) per annum.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.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. The funds authorized herein shall be used to fund all operations of the agency with the following prohibitions:
(1) The agency shall not fill any current or future vacant positions;
(2) The agency shall not take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Legislative Session;
(3) The agency shall not expend funds for out-of-state travel except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Legislative Session;
(4) The agency shall not expend funds for the purchase of or contract for cellular phones, two-way radios or pagers, except for support of employees in the Department of Public Safety and the Bureau of Narcotics as recommended by Information Technology Services or as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Legislative Session;
(5) The agency shall not expend funds to publish or distribute any annual reports or other publications;
(6) The agency shall not expend funds for public relation activities regarding the functions, programs or services of the agency except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Legislative Session;
(7) The agency shall not advertise the functions, programs or services of the agency except that the Mississippi Development Authority is authorized to expend funds for advertising to carry out the purposes of key programs administered by the authority;
(8) The agency shall not expend funds for staff development or training services;
(9) The agency shall not expend funds for the purchase of new or replacement equipment or furniture, excluding lease purchase payments on agreements in effect upon passage of this appropriation bill, except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Legislative Session.
SECTION 5. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."
SECTION 6. It is the intention of the Legislature that the Department of Marine Resources shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2004. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2005 budget request process.
SECTION 7. 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 8. 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 Tidelands Fund No. 3452 to the Department of Marine Resources for the purpose of defraying the expenses of the Tidelands projects for the fiscal year beginning July 1, 2004, and ending June 30, 2005 $ 6,100,000.00.
With the funds appropriated in this section, the following projects are authorized:
Public Access Projects:
PROJECT NO. PUBLIC ACCESS PROJECTS AMOUNT
2005-P3A Schooner Pier/Salt Marsh Creation $ 469,000.00
2005-P12A Courthouse Road Boat Launch Facility
Phase II (Continued) 350,000.00
2005-P13A Cowen Road Boat Launch Facility
Phase II 50,000.00
2005-P14A Gulfport Lake Improvements -
Phase II 50,000.00
2005-P16A FY 2005 Harbor Improvements (City
of Long Beach) 421,000.00
2005-P17A Audubon Interpretive Center,
Phase I 198,000.00
2005-P21A Ocean Springs Highway 90 Boat Ramp 430,000.00
2005-P22A The Point Development, Phase I 270,465.00
2005-P23A FY 2005 Harbor Improvements (City
of Pass Christian) 240,000.00
2005-P28A Hancock County 2005 Tidelands
Program Pearlington Pier 100,000.00
2005-P31A Hancock County Jordan River Water
Access at McLeod Park 100,000.00
2005-P37A Gautier Boat Launch Ramp, Pier,
Parking and Purchase of
Property 250,000.00
2005-P38A Lake Mars Boat Launching Parking,
Phase II 120,000.00
2005-P40A Racetrack Road Boat Launching and
Recreational Park, Phase II 150,000.00
2005-P41A Mississippi Sound Welcome Center
Public Plaza 500,000.00
2005-P7A Property Acquisition and
Improvements for Waterfront
Access 200,000.00
2005-P25A Waveland Pier/Marina Improvements-
Phase V 250,000.00
Total Public Access Projects: 4,148,465.00
Total Management Projects 898,272.00
Deer Island Payment . . . . . . . . . . . . . 1,053,263.00
Total Tidelands Funds: 6,100,000.00
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, 2004. All proposals submitted will be reviewed and evaluated by the Department of Marine Resources in accordance to department plans and procedures. Multiphased projects, multiyear 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 allocated on a pro rata basis between projects listed in this section.
SECTION 9. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State Treasury to the credit of the Department of Marine Resources, Tidelands Fund, which is comprised of special source funds available to the department, for expenditures pursuant to House Bill No. 1532, 2003 Regular Session, for the fiscal year beginning July 1, 2004, and ending June 30, 2005.................................................... $5,819,273.
Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2004, or change the purpose for which the funds were originally authorized except as otherwise stated in this bill.
SECTION 10. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “City of Biloxi-McDonnell Avenue Boat Launch” project authorized in House Bill No. 1633, 1999 Regular Session, and Tidelands funds provided for the “Biloxi Port Commission-West Biloxi Boat Launch/Marina” project authorized in House Bill No. 1636, 2000 Regular Session, shall be used for the “P32A-Biloxi Port Commission-Lighthouse Fishing Dock and Bulkheads, Phase VI” project authorized in House Bill No. 1756, 2002 Regular Session.
SECTION 11. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P03A-City of Gulfport-Gulfport Lake Improvements” project authorized in House Bill No. 1756, 2002 Regular Session, shall be used for the “P04A-City of Gulfport-Cowan Road Boat Launch” project authorized in House Bill No. 1756, 2002 Regular Session.
SECTION 12. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P31A-D’Iberville Port Commission-Fountain Beach Access and Learning Center” project authorized in House Bill No. 1532, 2003 Regular Session, shall be used for the “P02A-D’Iberville Port Commission-Fountain Beach Public Access and Habitat Learning Center” project authorized in House Bill No. 1756, 2002 Regular Session.
SECTION 13. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P07A-City of Gautier-City Park Expansion” project authorized in House Bill No. 1756, 2002 Regular Session, shall be used for the “P03A-City of Gautier-City Park Community Center” project authorized in House Bill No. 1532, 2003 Regular Session.
SECTION 14. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P13A-City of Pass Christian-Harbor Improvements” project authorized in House Bill No. 1532, 2003 Regular Session, shall be used for “P16A-City of Pass Christian-Harbor Improvements” project authorized in House Bill No. 1756, 2002 Regular Session.
SECTION 15. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “City of Bay St. Louis-Ulman Avenue Pier” project authorized in House Bill No. 1569, 2001 Regular Session, the “P01A-City of Bay St. Louis-Ulman Avenue Pier” project authorized in House Bill No. 1756, 2002 Regular Session, and the “P01A-Rutherford Pier Improvement, Phase II” project authorized in House Bill No. 1532, 2003 Regular Session, shall be used for the “P06A-City of Bay St. Louis-Property Acquisition and Improvements for Parking” project authorized in ______. (Requested FY2005 application, if approved for funding in FY2005)
SECTION 16. It is the intention of the Legislature that the commission shall place any special trust funds appropriated to the department in a special trust fund and the interest earned on the principal shall be credited to the special trust fund. Monies in the fund at the end of the fiscal year shall be retained in the special trust fund for use in the next succeeding fiscal year. The department may use the interest earned on the fund to pay reasonable costs for administering the fund and related projects.
SECTION 17. It is the intention of the Legislature that Tidelands Funds not otherwise appropriated shall be used for additional funding of tideland projects and the administration thereof by the Department of Marine Resources. Expenditures of excess Tidelands Funds by the Department of Marine Resources for supplemental and additional funding and administration of tidelands projects heretofore or hereafter proposed is authorized and approved. The Department of Marine Resources may escalate the Tidelands Fund in an amount not to exceed Eight Hundred Thousand Dollars ($800,000.00) for the purposes outlined in this section.
SECTION 18. 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 19. This act shall take effect and be in force from and after July 1, 2004.