MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Appropriations
By: Representatives Read, Eure, Barton, Bennett, Busby, Clarke, Haney
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES FOR THE FISCAL YEAR 2021.
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 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, 2020, and ending June 30, 2021...........................................
............................................ $ 1,041,609.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is 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, 2020, and ending June 30, 2021 $ 49,288,787.00.
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. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time............ 104
Part Time............ 0
Time-Limited: Full Time............ 78
Part Time............ 1
Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Six Hundred Dollars ($600.00) per annum.
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2022 do not exceed Fiscal Year 2021 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2021 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. Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, or realignment. If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report of each action approved by the State Personnel Board to the chairmen of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairmen of the Appropriations Committees of the Senate and House of Representatives. It shall be the responsibility of the agency head to ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2021 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks. 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 2021 "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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
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 2020. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2022 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 2021 budget request process.
SECTION 5. 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. 3345200000 to the Department of Marine Resources for the purpose of defraying the expenses of the tidelands projects for the fiscal year beginning July 1, 2020, and ending June 30, 2021.... $ 7,349,277.00.
Of the funds appropriated within this section, One Million Two Hundred Dollars ($1,200,000.00) shall be designated for bond repayment.
PROJECT NO. PUBLIC ACCESS PROJECTS AMOUNT
Harrison County:
FY21-P626-09 West Biloxi Boat Launch
-Harrison County Board
of Supervisors.................... $ 100,000.00
FY21-P601-04 Kuhn Street Boat Ramp Expansion
-City of Biloxi................... $ 200,000.00
FY21-P603-02 Courthouse Road Boat Launch
Maintenance Dredge
-City of Gulfport................. $ 250,000.00
FY21-P511-01 Brodie Bayou Public Access
& Restoration, Phase 3
-City of D'Iberville.............. $ 300,000.00
FY21-P613-01 FY2021 Long Beach Harbor Improvements
-City of Long Beach............... $ 300,000.00
FY21-P600-01 FY2021 East Small Craft
Harbor Improvements
-City of Pass Christian........... $ 270,000.00
FY21-M999-26 Public Education & Outreach Program
-Institute for Marine Mammal
Studies............................ $ 100,000.00
Jackson County:
FY21-P412-01 Improvements for Public Access
at Porter Avenue and Hwy 90
-City of Ocean Springs ............ $ 200,000.00
FY21-P618-01 Shepard State Park
- City of Gautier ................. $ 250,000.00
FY21-P618-02 Gautier's Mary Walker Bayou
Parks Project
-City of Gautier .................. $ 100,000.00
FY21-P604-01 Point Park Paving and Amenities
-City of Pascagoula ............... $ 300,000.00
FY21-P501-03 Highway 613 Sunset Pier
and Sidewalk Extension
-City of Moss Point................ $ 250,000.00
FY21-P602-03 Fort Bayou Pier Extension
and Shade Roofs
-Jackson County Board
of Supervisors .................... $ 244,420.00
FY21-P648-03 GCRL Public Access Enhancement
Mississippi ....................... $ 225,000.00
Hancock County:
FY21-P401-03 BSL Municipal Harbor Fuel Dock
Improvements
-City of Bay St. Louis ............ $ 250,000.00
FY21-P646-03 Pagodas and Showers
-City of Waveland ................. $ 240,000.00
FY21-P510-01 Diamondhead Noma Drive
Public Access Improvements
-City of Diamondhead .............. $ 400,000.00
FY21-P610-02 Hancock County Bayou
Caddy Marina Expansion
of Supervisors .................... $ 400,000.00
Biloxi River Park and Restoration at Eagle Point
-City of Biloxi ................... $ 250,000.00
Eagle Point Canal Cleanup
-City of Biloxi.................... $ 40,000.00
Hiller Park Boat Launch
-City of Biloxi ................... $ 200,000.00
Long Beach Pavilion
-City of Long Beach............... $ 40,000.00
Bay St. Louis Oyster Brood Stock Enhancement ...... $ 200,000.00
Total Public Access Projects ..................... $ 5,109,420.00
Total Management Projects ........................ $ 1,039,857.00
Bond Repayment .................................. $ 1,200,000.00
Total Tidelands Funds: ........................... $ 7,349,277.00
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, 2020. 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 6. It is the intention of the Legislature that the department 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 7. 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 8. It is the intention of the Legislature that the Department of Marine Resources is hereby authorized to pay invoices submitted by the City of Long Beach, MS for reimbursement for prior fiscal year projects in an amount not to exceed One Hundred Thirty-two Thousand One Hundred Ten Dollars and Twenty-five Cents ($132,110.25).
SECTION 9. It is the intention of the Legislature for the Department of Marine Resources and the Department of Environmental Quality to continue with any agency partnerships, including grant agreements, that provide environmental projects to restore Mississippi’s natural resources in the wake of the Deepwater Horizon Oil Spill.
SECTION 10. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 11. Of the funds appropriated under the provisions of Section 1 and 2 for the Department of Marine Resources, the Department shall use these funds to defray the cost of salaries, wages and fringe benefits for any Department employee who was furloughed by the Department on or after July 1, 2020, and these employees shall accrue all leave and statutory benefits as if they were not furloughed.
SECTION 12. Of the funds appropriated in Section 2, Twenty-seven Million Forty-Eight Thousand Four Hundred Ninety-Four Dollars ($27,048,494.00) is provided for the funding of the following Gulf of Mexico Energy Security Act (GOMESA) prior year projects for FY 2021:
(a) To assist the City of Gulfport with
the Mississippi Aquarium...................... $1,636,691.00
(b) To assist the University of Southern
Mississippi with the Ocean Enterprise
Project....................................... $5,775,410.00
(c) To assist the Audubon of Mississippi
through the Department of Marine Resources
for the Audubon Mississippi Coastal
Conservation project............................ $223,215.00
(d) To assist the City of Biloxi with
the East Biloxi Boardwalk..................... $1,934,904.00
(e) To assist the City of Biloxi with the
East Biloxi Boardwalk sand re-nourishment...... $1,000,000.00
(f) To assist the Department of Marine
Resources with the Coffee Creek outfall........ $1,791,970.00
(g) To assist the Department of Marine
Resources with the Coffee Creek water
quality........................................ $822,768.00
(h) To assist the Department of Wildlife,
Fisheries and Parks with the Buccaneer
State Park.................................... $2,000,000.00
(i) To assist the City of Biloxi with the
Bayview Avenue Boardwalk...................... $2,653,140.00
(j) To assist the City of Bay St. Louis
with the Ward 6 Boat Launch, Public Water
Access and Restroom Facility.................... $254,865.00
(k) To assist Harrison County with the
Sea Oats and Sand Dunes Creation................ $105,000.00
(l) To assist the Department of Marine
Resources with the Infinity Science Center....... $619,018.00
(m) To assist Mississippi State University
with the IMMS Evaluation Study.................. $956,655.00
(n) To assist Jackson County Board
of Supervisors with the Front Beach
Erosion Control............................... $1,773,137.00
(o) To assist the University of Southern
Mississippi with the Aquaculture Depth
Control Unit..................................... $98,966.00
(p) To assist the Department of Marine
Resources with GOMESA project management,
development and mitigation...................... $273,147.00
(q) To assist the Department of Marine
Resources with an oyster plant................ $2,000,000.00
(r) To assist the Department of Marine
Resources with the Shellfish Water Quality
Testing......................................... $95,000.00
(s) To assist the Department of Marine
Resources with artificial reef Construction...... $999,966.00
(t) To assist the Department of Marine
Resources with water testing for safety
of seafood consumption........................... $45,262.00
(u) To assist the Department of Marine
Resources with the oyster clutch................ $503,384.00
(v) To assist the Department of Environmental
Quality with water quality...................... $998,246.00
(w) To assist Hancock County with Water
Sewer Force Crossing............................ $487,750.00
SECTION 13. It is the intent of the Legislature that the Department of Marine Resources shall have the authority to expend funds in an amount not to exceed Ten Million Dollars ($10,000,000.00) from funds for the Gulf of Mexico Energy Security Act (GOMESA) that may become available to the agency in fiscal year 2021 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 14. It is the intent of the Legislature that during the 2021 Regular Session, all new Gulf of Mexico Energy Security Act (GOMESA) projects for FY 2021 will be listed and appropriated by the Legislature in consultation with the Department of Marine Resources and the Office of the Governor for a total amount not to exceed Ten Million Dollars ($10,000,000.00).
SECTION 15. It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane, cable and phone services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state furnished housing shall include single-family and multi-family residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited.
SECTION 16. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
SECTION 17. 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 18. This act shall take effect and be in force from and after July 1, 2020.