Senate Bill 3157

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE OFFICE OF STATE AID ROAD CONSTRUCTION OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FOR 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 Treasury to the credit of the Office of State Aid Road Construction Fund, for the purpose of defraying the expenses of the Office of State Aid Road Construction of the Mississippi Department of Transportation for the fiscal year beginning July 1, 2004, and ending June 30, 2005 $ 118,968,304.00.

SECTION 2. 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$ 2,409,638.00

Travel and Subsistence.............. 43,959.00

Contractual Services..................... 226,000.00

Commodities.............................. 40,700.00

Capital Outlay:

Other Than Equipment................ 0.00

Equipment........................... 88,007.00

Subsidies, Loans and Grants.............. 116,160,000.00

Total.............................. $ 118,968,304.00

FUNDING:

General Funds........................... $ 0.00

Special Funds............................ 118,968,304.00

Total.............................. $ 118,968,304.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 42

Part Time........... 2

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

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

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 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 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 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "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 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 3. 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 4. It is the intention of the Legislature that the Office of State Aid Road Construction 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 5. It is the intent of the Legislature that the Office of State Aid Road Construction may accept, budget and expend funds not to exceed Three Hundred Thousand Dollars ($300,000.00) out of funds received from the Mississippi Development Authority as reimbursement for actual expenses incurred by the Office of State Aid Road Construction for administering and providing engineering services to political subdivisions as authorized under Section 65-4-15, Mississippi Code of 1972, subject to and in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. Any escalated funds shall be deposited into the Office of State Aid Roads Administrative Fund, a special fund hereby created in the State Treasury, for the fiscal year beginning July 1, 2004, and ending June 30, 2005.

SECTION 6. Of the funds appropriated in Section 1 of this act, the Office of State Aid Road Construction is authorized to reimburse Walthall County in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) from unobligated State Aid funds allocated to Walthall County for the 2004-2007 term of office of members of the board of supervisors for expenditures made by Walthall County to match funds of the United States Army Corps of Engineers for the project known as Dillon's Bridge, Bogue Chitto River, Walthall County.

SECTION 7. Of the funds appropriated in Section 1 of this act, it is the intent of the Legislature that One Hundred Sixty Thousand Dollars ($160,000.00) shall be expended for replacement and/or rehabilitation of a certain bridge over Hatchie Creek in Tippah County for providing access to a civil war battle site, which bridge project shall be administered by the Office of State Aid Road Construction as provided under Chapter 37 of Title 65, Mississippi Code of 1972; however, such bridge shall be performed according to specifications adopted and approved by the county engineer and the Board of Supervisors of Tippah County.

Of the funds in Section 1, One Hundred Sixty Thousand Dollars ($160,000.00) shall be derived from the Mississippi Department of Transportation Fund in the State Treasury.

SECTION 8. It is the intention of the Legislature that the Office of State Aid Road Construction shall have the authority to accept, budget and expend funds, comprised of special funds to the office, not to exceed Thirty-five Million Dollars ($35,000,000.00) for the purpose of replacement of structurally deficient bridges on the state's county roads. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.

SECTION 9. It is the intention of the Legislature that the agency shall provide a report reflecting Fiscal Year 2004 usage of wireless communication devices which shall include cellular phones, two-way radios, pagers, or any other means of wireless communications to the Chairman of the House Appropriations Committee, the Chairman of the Senate Appropriations Committee, and the State Auditor by September 1, 2004. The report shall contain, but not be limited to, the following:

(1) The number of wireless communication devices provided to employees by the agency;

(2) The annual cost of usage of wireless communication devices by each employee of the agency who is issued a wireless communication device;

(3) Separate justification of the usage of wireless communication devices by those employees issued wireless communication devices; and

(4) To determine whether quantifiable benefits are associated with the utilization of wireless communications and whether such service provides more efficient or effective service delivery.

SECTION 10. 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 11. This act shall take effect and be in force from and after July 1, 2004.