House Bill 1466

AN ACT TO AMEND SECTION 27-103-302, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE FUNDS RECEIVED BY THE STATE FROM THE BP SETTLEMENT SHALL BE DEPOSITED INTO SPECIAL FUNDS TO PROVIDE ASSISTANCE TO COUNTIES AND MUNICIPALITIES IN PAYING COSTS ASSOCIATED WITH THE REPAIR, MAINTENANCE AND RECONSTRUCTION OF ROADS, STREETS AND BRIDGES; TO PROVIDE THAT 50% OF THE FUNDS RECEIVED SHALL BE DEPOSITED INTO A SPECIAL FUND IN THE STATE TREASURY AND USED TO ASSIST COUNTIES IN PAYING COSTS ASSOCIATED WITH THE REPAIR, MAINTENANCE AND RECONSTRUCTION OF ROADS, STREETS AND BRIDGES IN COUNTIES; TO PROVIDE THE FORMULA FOR DISTRIBUTION OF THE FUNDS AMONG THE COUNTIES; TO PROVIDE THAT 50% OF THE FUNDS RECEIVED SHALL BE DEPOSITED INTO A SPECIAL FUND IN THE STATE TREASURY AND USED TO ASSIST MUNICIPALITIES IN PAYING COSTS ASSOCIATED WITH THE REPAIR, MAINTENANCE AND RECONSTRUCTION OF ROADS, STREETS AND BRIDGES IN MUNICIPALITIES; TO PROVIDE THAT THOSE FUNDS SHALL BE PAID TO MUNICIPALITIES IN GRANTS UNDER A PROGRAM ESTABLISHED BY THE OFFICE OF STATE AID ROAD CONSTRUCTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-103-302, Mississippi Code of 1972, is amended as follows:

27-103-302. All funds received by or on behalf of the State of Mississippi through a negotiated settlement for economic damages in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, except for any funds that are required by the settlement to be paid to any other public entity, shall be deposited into the * * * special funds created in Section 2 of this act.

SECTION 2. (1) An amount equal to fifty percent (50%) of the funds received under Section 27-103-302 shall be deposited into a special fund that is created in the State Treasury. 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 therein as provided in this subsection (1) 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 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 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

(iii) 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.

(2) (a) An amount equal to fifty percent (50%) of the funds received under Section 27-103-302 shall be deposited into a special fund that is created in the State Treasury. 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 therein as provided in this subsection (2) 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 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 municipalities in paying costs associated with the repair, maintenance and/or reconstruction of roads, streets and bridges in municipalities. The maximum amount of a grant made to a municipality under this subsection may not exceed 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 for in this paragraph (b). 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.