MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Representatives Read, Busby, Arnold, Hopkins, Jackson, Mangold, Sanford, Young
AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, FOR THE FISCAL YEAR 2023; AND FOR RELATED PURPOSES.
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 Treasury to the credit of the Department of Transportation Funds, for the purpose of defraying the administrative expenses of the Mississippi Department of Transportation for the fiscal year beginning July 1, 2022, and ending June 30, 2023..................................................
............................................ $ 1,426,077,673.00.
SECTION 2. The following offices are supported by the funds appropriated in Section 1: The Office of Administrative Services, the Office of Highways and the Office of Aeronautics and Rails. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 2,906
Time-Limited: 0
With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for Personal Services for Fiscal Year 2024 do not exceed Fiscal Year 2023 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2023 budget by the Mississippi Legislature. The Legislature shall determine the agency’s personal services appropriation, which shall be published by the State Personnel Board. Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees. It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2023 do not exceed the data provided by the Legislative Budget Office. If the agency’s Fiscal Year 2023 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board with the exception of new hires that are determined to be essential for the agency.
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.
Funds have been appropriated herein for the purpose of funding Project SEC2 minimum salaries for all employees covered under the Colonel Guy Groff/Neville Kenning Variable Compensation Plan. It shall be the agency’s responsibility to ensure that the funds are used to increase all employees’ salaries up to the minimum level as determined by the State Personnel Board.
SECTION 3. Of the funds appropriated to the Mississippi Department of Transportation under the provisions of Section 1, the following amounts shall be available for expenditure in the program budgets as required by Section 27-103-127, Mississippi Code of 1972:
Administration and Other Expenses......... $ 62,667,692.00
Construction............................. $ 983,995,968.00
Maintenance............................. $ 264,476,524.00
Debt Service............................. $ 78,782,972.00
Aeronautics, Rails and other.............. $ 36,154,517.00
SECTION 4. It is the intention of the Legislature that the Mississippi Department of Transportation 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 2022. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2024 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 2023 budget request process.
SECTION 5. Of the funds appropriated in Section 1, it is the intention of the Legislature that Six Hundred Fifty Thousand Dollars ($650,000.00) shall be transferred to the Department of Agriculture and Commerce for the Beaver Control or Eradication Program during the Fiscal Year 2023.
SECTION 6. Of the funds appropriated in Section 1 and authorized for expenditure in Section 3, Five Million Dollars ($5,000,000.00) shall be transferred by the Mississippi Department of Transportation to the Department of Public Safety Office of Commercial Transportation Enforcement Division for the operations of the Division as authorized to be relocated in Senate Bill 2825, 2021 Regular Session.
SECTION 7. Of the funds appropriated in Section 1 of this act, the Mississippi Department of Transportation shall expend such funds as necessary to conduct project planning. Such project planning shall apply to all preliminary engineering, right-of-way acquisition and construction projects of the department and, at a minimum, shall consist of policies for the oversight and management of project cost which:
(a) Establish a reasonable cost estimate for each project. For purposes of this provision, projects include preliminary engineering, right-of-way acquisition and construction;
(b) Capture and retain the initial project cost estimates for comparison with final actual expenditures;
(c) Require that any changes to a cost estimate for a project will be reviewed and approved by district or central office personnel. Such personnel shall be responsible for signing any revision, and providing a narrative description of the reasons for approving a revision;
(d) Capture the cost of consultants, engineers, attorneys, contract appraisers and other technical and professional contractors used in preliminary engineering, right-of-way acquisition and construction projects.
SECTION 8. None of the funds appropriated under the provisions of Section 1 of this act may be expended by the Department of Transportation for construction of new highways if such highway segment is less than ten (10) miles in length unless:
(a) The explanation and justification for letting such a contract for a length of less than ten (10) miles is entered upon the official minutes of the Transportation Commission;
(b) The commission, within ten (10) working days after entry of its explanation and justification upon its minutes, gives notice, by United States First Class Mail, and provides a copy of such entry upon its minutes, to the Chairman of the Transportation Committee of the Mississippi House of Representatives and the Chairman of the Mississippi Senate Highways and Transportation Committee.
SECTION 9. It is the intention of the Legislature that of the sum appropriated in Section 1, the Department is authorized to provide a protective footwear allowance of not more than $150 per person annually for Engineers, Maintenance, and Construction Workers as part of their safety equipment.
SECTION 10. Of the funds appropriated to the Mississippi Department of Transportation, Three Hundred Thousand Dollars ($300,000.00) shall be used for the Statewide Litter Prevention Program.
SECTION 11. Of the funds appropriated in Section 1, not less than Eighty Million Dollars ($80,000,000.00) shall be expended for contracted maintenance overlay and pavement rehabilitation.
SECTION 12. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to expend with funds which were obligated in Fiscal Year 2022 for maintenance overlay projects and maintenance repair projects but not completed by the end of Fiscal Year 2022, in an amount not to exceed Ten Million Dollars ($10,000,000.00).
SECTION 13. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to transfer between the various programs in an amount not to exceed ten percent (10%) of the amount allocated in Section 3, except that no transfers shall be authorized which increase the "Administrative and Other Expenses" Program or which decrease the "Maintenance" Program.
SECTION 14. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to expend an amount not to exceed Thirty Million Dollars ($30,000,000.00) received from other public or private entities as reimbursements for payments made on federal projects.
SECTION 15. With the funds appropriated in this act, the Mississippi Department of Transportation shall notify members of the Mississippi Senate and House of Representatives upon the award of projects within their respective districts and at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement of 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." Further, the signage shall state the four-year legislative term in which the project was funded.
SECTION 16. 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 17. The Mississippi Department of Transportation is authorized to dispose of or transfer used cell phones that are obsolete or inoperable to cell phone recycling programs dedicated to providing free phone access to United States military personnel.
SECTION 18. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2023
Performance Measures Target
Maintenance
Number of Acres Mowed (First & Subsequent) 290,000
Percent Increase of Acreage Mowed 66.00
Slow the Expected Increases of Total
Fatalities According to a 5 Year Rolling
Average (697 or Less) 749
Percent Decrease in State-Maintained
Lane Miles Needing Repair or
Rehabilitation 1.50
Percent of Pavement Needs Met Annually 10.00
Percent on Interstate Lane-Miles with
Acceptable Pavement Condition Rating 52.50
Percent of 4 Lane Highway Lane-Miles
with an Acceptable Pavement Condition
Rating 72.00
Percent of 2 Lane Highway Lane-Miles
With an Acceptable Pavement Condition
Rating 57.50
Cost per Mile to Maintain State Highways 27,885.00
Number of Bridges in Poor Condition 170
Number of Bridges with Timber Components 130
Construction
Percent of Miles of State Maintained
Highways that Meet MDOT Thresholds for
Congestion 2.01
Number of Lane Miles of State Maintained
Highways Requiring Additional Capacity 563
Cost per Mile to Construct State Highways 14,960,000.00
Administration & Other
Administration as a Percent of Total Budget 5.05
GO-MDOT-Total Number of Page Views 1,025,931
Percent Increase in Utilization of
MDOTTRAFFIC.com Website 8.08
Bonded Debt Service
MDOT's Share of Annual Debt Service will
not Exceed 3.75% of Annual Budget 0.90
Aeronautics & Rails
Number of Airports Inspected 69
Number of Grade Crossings Inspected 2,800
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2024.
SECTION 19. The Mississippi Department of Transportation is authorized to accept and expend any grant, donation, or contribution from any individual, public, or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds not to exceed One Hundred Twenty-Five Million Dollars ($125,000,000.00).
SECTION 20. With the funds appropriated herein, the Department of Transportation is authorized to make payment for expenses incurred during Fiscal Years 2016 through 2021 as follows:
Vendor Fiscal Year Amount
Automated Power, Inc. 2016 $ 43.23
Belmont Equipment 2018 $ 172.00
Entergy 2020 $ 18.79
Entergy 2020 $ 19.47
Entergy 2020 $ 18.83
Entergy 2020 $ 18.52
Home2Suites by Hilton 2019 $ 282.00
Home2Suites by Hilton 2019 $ 282.00
Home2Suites by Hilton 2020 $ 188.00
Home2Suites by Hilton 2020 $ 188.00
Jackson County Utility Authority 2019 $ 5,250.00
Jackson County Utility Authority 2019 $ 3,024.00
Jackson County Utility Authority 2019 $ 146,139.91
Jackson County Utility Authority 2019 $ 145,773.58
Jackson County Utility Authority 2020 $ 10,080.00
Jackson County Utility Authority 2020 $ 17,500.00
Mid-South Machinery, Inc. 2018 $ 84.58
Mid-South Machinery, Inc. 2019 $ 66.51
Mid-South Machinery, Inc. 2019 $ 466.84
Mid-South Machinery, Inc. 2019 $ 856.45
Mid-South Machinery, Inc. 2019 $ 361.52
Mid-South Machinery, Inc. 2020 $ 291.26
Mid-South Machinery, Inc. 2020 $ 303.70
Tunica County, MS 2021 $ 10,416.00
Vermeer Midsouth, Inc. 2018 $ 188.03
Wolters Kluwer 2018 $ 382.77
SECTION 21. Of the funds provided in Section 1, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the 2022 Infrastructure Match Fund, for the fiscal year beginning July 1, 2022, and ending June 30, 2023...........................................................
.............................................. $ 40,000,000.00.
It is the intent of the Legislature that the funds provided herein shall be provided for matching funds needed pursuant to the Infrastructure Investment and Jobs Act.
SECTION 22. Of the funds provided in Section 1, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the 2022 Maintenance Project Fund, for the fiscal year beginning July 1, 2022, and ending June 30, 2023
.............................................. $ 45,000,000.00.
With the funds provided herein, it is the intent of the Legislature for the Department of Transportation to utilize these funds to provide for maintenance projects by adopting the Pavement Program of the Three-Year Plan as adopted by the Mississippi Transportation Commission on Minute Book 105, page 732 and further required by Section 65-1-141, Mississippi Code of 1972 Annotated.
In the event the Transportation Commission deviates from the recommended priorities presented in the Pavement Program, the Commission shall spread the specific reasons for deviation on its minutes in accordance with Section 65-3-97, Mississippi Code of 1972 Annotated.
SECTION 23. Of the funds provided in Section 1, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the 2022 Capacity Project Fund, for the fiscal year beginning July 1, 2022, and ending June 30, 2023 $ 35,000,000.00.
With the funds provided herein, it is the intent of the Legislature for the Department of Transportation to utilize these funds to provide for capacity projects by adopting the Capacity Program of the Three-Year Plan as adopted by the Mississippi Transportation Commission on Minute Book 105, page 732 and further required by Section 65-1-141, Mississippi Code of 1972 Annotated.
In the event the Transportation Commission deviates from the recommended priorities presented in the Capacity Program, the Commission shall spread the specific reasons for deviation on its minutes in accordance with Section 65-3-97, Mississippi Code of 1972 Annotated.
SECTION 24. 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 25. This act shall take effect and be in force from and after July 1, 2022.