2005 Regular Session
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 2006.
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, 2005, and ending June 30, 2006..........
........................................... $ 1,710,485.00.
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, 2005, and ending June 30, 2006........................ $ 7,733,308.00.
Of the funds appropriated in this section, Three Million Fifty Thousand Dollars ($3,050,000.00) is derived from the state excise taxes upon gasoline, oil and other petroleum products.
SECTION 3. With the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
MAJOR OBJECTS OF EXPENDITURE:
Salaries, Wages and Fringe Benefits$ 6,231,551.00
Travel and Subsistence.............. 79,653.00
Contractual Services..................... 1,851,954.00
Other Than Equipment................ 213,760.00
Subsidies, Loans and Grants.............. 300,000.00
Total.............................. $ 9,443,793.00
General Funds........................... $ 1,710,485.00
Special Funds............................ 7,733,308.00
Total.............................. $ 9,443,793.00
Permanent: Full Time........... 101
Part Time........... 0
Time-Limited:Full Time........... 33
Part Time........... 3
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 2007 do not exceed Fiscal Year 2006 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2007 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 2006 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 2006 "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 4. 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 2005. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2007 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 2006 budget request process.
SECTION 5. 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 6. 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, 2005, and ending June 30, 2006 $ 6,600,000.00.
With the funds appropriated in this section, the following projects are authorized:
Public Access Projects:
PROJECT NO. PUBLIC ACCESS PROJECTS AMOUNT
FY06-P15A Audubon Interpretative Center, Phase I$200,000.00
FY06-P04A Bayou Auguste Reclamation and
FY06-P16A Ocean Springs Highway 90 Boat Ramp
Phase II 200,000.00
FY06-P35A First Phase Sailing Lugger
Construction and "Island Bound"
FY06-P01A Waterfront Access and Improvements 250,000.00
FY06-P18A The Point Development Phase II 250,000.00
FY06-P29A D'Iberville/Tchouticabouffa Boat Launch 200,000.00
FY06-P05A Improvements to Parker Creek Landing
Boat Launch 50,000.00
FY06-P30A Pascagoula River Basin Estuarine
Education Center 100,000.00
FY06-P02A Beach Boardwalk and Pedestrian Pathway 250,000.00
FY06-P03A Hiller Park Piers Phase II 250,000.00
FY06-P33A Public Access to Turkey Creek,
Phase I of I 85,000.00
FY06-P21A Waveland Pier/Marina Improvements -
Phase V 200,000.00
FY06-P08A I-110 Boat Launch Project 200,000.00
FY06-P24A Biloxi River Park 250,000.00
FY06-P20A Beach Boulevard Pedestrian Pathway 200,000.00
FY06-P12A Gulfport Small Craft Harbor Improvements
Project (Pier #2-Phase 1C) 90,000.00
FY06-P10A Gulfport Small Craft Harbor Improvements
Project (Pier #2-Phase 1A) 200,000.00
FY06-P27A Lake Mars Boat Launching Parking,
Phase II 125,000.00
FY06-P14A 2006 Harbor Improvements 200,000.00
FY06-P22A Hancock County Seawall Restoration 200,000.00
FY06-P19A 2006 Harbor Improvements 200,000.00
FY06-P28A Racetrack Road Boat Launching and
Recreational Park, Phase III 150,000.00
FY06-P09A City Park Community Center - Gautier
Phase II 200,000.00
FY06-P34A Schooner Restoration Project 200,000.00
FY06-P31A Golden Fisherman Park 50,000.00
FY06-P32A Boat Launch Renovation Project 150,000.00
FY06-P17A Ocean Springs Davis Bayou Drainage
FY06-P23A Hancock County Beach Drainage
Total Public Access Projects $5,125,000.00
Total Management Projects $ 429,219.00
Deer Island Payment $1,045,781.00
Total Tidelands Funds: $6,600,000.00
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, 2005. 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.
It is the intention of the Legislature that the Tidelands funds appropriated in this act for Tidelands Project No. FY06-M19A Federal Grant Matching Funds - Mississippi Coastal Habitat Creation and Restoration and Tidelands Project No. FY06-M19A Federal Grant Matching Funds - Grand Bay NERR Construction be reallocated on a pro rata basis between projects listed in this section if the federal funds are not awarded for these two (2) projects.
SECTION 7. 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. 1733, 2004 Regular Session, for the fiscal year beginning July 1, 2005, and ending June 30, 2006.................................................. $6,600,000.00
SECTION 8. 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 9. 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.
It is the intention of the Legislature that the Department of Marine Resources be allowed to make necessary transfers from the Subsidies, Loans and Grants category of expenditures to any other categories of expenditures for the purpose of expending Tidelands funds.
SECTION 10. It is the intention of the Legislature that the Department of Marine Resources has the authorization to move Tidelands funds between approved projects upon request from entity and proper completion of Form TTF-6 documentation.
SECTION 11. 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 12. This act shall take effect and be in force from and after July 1, 2005.