MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Appropriations
By: Representatives Gunn, Aguirre, Arnold, Baker, Barnett, Barton, Beckett, Bell (21st), Bennett, Boyd, Busby, Byrd, Carpenter, Chism, Crawford, Currie, DeLano, Denny, Eure, Gipson, Guice, Hale, Huddleston (15th), Kinkade, Lamar, Mangold, Massengill, McNeal, Mettetal, Oliver, Read, Roberson, Rogers (61st), Scoggin, Smith, Snowden, Tullos, Turner, Weathersby, White, Willis, Wilson, Zuber, Morgan, Ford, Rogers (14th), Hood, Bounds, Patterson, Hughes, Faulkner, Dixon, Bain, Miles, Sykes
AN ACT TO PROVIDE THAT FIFTY PERCENT OF THE GROWTH IN STATE GENERAL FUND REVENUE ABOVE TWO PERCENT IN ANY FISCAL YEAR SHALL BE DEPOSITED INTO SPECIAL FUNDS IN THE STATE TREASURY TO BE USED FOR THE REPAIR, MAINTENANCE AND RECONSTRUCTION OF STATE, COUNTY AND MUNICIPAL ROADS, STREETS AND BRIDGES; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE USED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FOR THE REPAIR, MAINTENANCE AND RECONSTRUCTION OF ROADS, STREETS AND BRIDGES IN THE STATE; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE USED TO ASSIST COUNTIES IN PAYING COSTS ASSOCIATED WITH THE REPAIR, MAINTENANCE AND RECONSTRUCTION OF ROADS, STREETS AND BRIDGES IN COUNTIES; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE USED TO ASSIST MUNICIPALITIES IN PAYING COSTS ASSOCIATED WITH THE REPAIR, MAINTENANCE AND RECONSTRUCTION OF ROADS, STREETS AND BRIDGES IN MUNICIPALITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. In any year in which the official sine die general fund revenue estimate for the next fiscal year reflects a growth in general fund revenue of more than two percent (2%) above the general fund revenue estimate adopted for the current fiscal year, as certified by the Legislative Budget Office, fifty percent (50%) of the amount of the growth in revenue above two percent (2%), not to exceed One Hundred Million Dollars ($100,000,000.00), shall be deposited into the following special funds in the State Treasury:
(a) An amount equal to sixty percent (60%) of the revenue subject to this section shall be deposited into MDOT Roads and Bridges Repair, Maintenance and Reconstruction Fund created in subsection (1) of Section 2 of this act;
(b) An amount equal to twenty-five percent (25%) of the revenue subject to this section shall be deposited into the County Roads and Bridges Repair, Maintenance and Reconstruction Fund created in subsection (2) of Section 2 of this act; and
(c) An amount equal to fifteen percent (15%) of the revenue subject to this section shall be deposited into the Municipal Roads and Bridges Repair, Maintenance and Reconstruction Fund created in subsection (3) of Section 2 of this act.
SECTION 2. (1) There is created in the State Treasury a special fund to be known as the MDOT Roads and Bridges Repair, Maintenance and Reconstruction Fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of monies deposited in the fund as provided in paragraph (a) of Section 1 of this act and monies from any other source designated for deposit into the fund. Monies in the fund may be expended by the Department of Transportation, upon appropriation by the Legislature, for repair, maintenance and/or reconstruction of roads, streets and bridges in the state. However, the Legislature shall not appropriate monies in the fund for use by the Department of Transportation for any fiscal year unless the department provides the Legislature with evidence that has been certified by the Legislative Budget Office, that for the applicable fiscal year the department has not and will not reallocate the amount of the funds appropriated under this subsection away from repair, maintenance and/or reconstruction of roads, streets and bridges in the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
(2) There is created in the State Treasury a special fund to be known as the County Roads and Bridges Repair, Maintenance and Reconstruction Fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of monies deposited in the fund as provided in paragraph (b) of Section 1 of this act and monies from any other source designated for deposit into the fund. Monies in the fund may be expended by the Office of State Aid Road Construction, upon appropriation by the Legislature, to provide funds to assist counties in this state in paying costs associated with the repair, maintenance and/or reconstruction of roads, streets and bridges in the counties. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund. Funds provided to counties under this subsection shall be allocated and distributed to the counties in the following proportions:
(a) One-third (1/3) shall be allocated to all counties in equal shares,
(b) One-third (1/3) shall be allocated to counties based on the proportion that the total number of rural road miles in a county bears to the total number of rural road miles in all counties of the state, and
(c) One-third (1/3) shall be allocated to counties based on the proportion that the rural population of a county bears to the total rural population in all counties of the state, according to the latest federal decennial census.
(3) (a) There is created in the State Treasury a special fund to be known as the Municipal Roads and Bridges Repair, Maintenance and Reconstruction Fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of monies deposited in the fund as provided in this subsection and monies from any other source designated for deposit into the fund. Monies in the fund may be expended by the Office of State Aid Road Construction, upon appropriation by the Legislature, to provide grants to assist municipalities in this state in paying costs associated with the repair, maintenance and/or reconstruction of roads, streets and bridges in the municipalities. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
(b) The Office of State Aid Road Construction shall establish a program to make grants to municipalities for the purpose of assisting the municipalities in paying costs associated with the repair, maintenance and/or reconstruction of roads, streets and bridges in the municipalities. The maximum amount of a grant made to a municipality under this subsection is One Million Five Hundred Thousand Dollars ($1,500,000.00). A municipality may apply to the Office of State Aid Road Construction for a grant under this subsection in the manner provided as follows: A municipality desiring a grant under this subsection must submit an application to the Office of State Aid Road Construction. The application must include a description of the project for which the grant is requested, the cost of the project for which the grant is requested, the amount of the grant requested and any other information required by the Office of State Aid Road Construction.
(c) The Office of State Aid Road Construction shall have all powers necessary to implement and administer the program established under this subsection, and the Office of State Aid Road Construction shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this subsection.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.