House Amendments to Senate Bill No. 3028
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
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 Office of State Aid Road Construction Fund, for the purpose of defraying the expenses of the Office of State Aid Road Construction of the Mississippi Department of Transportation for the fiscal year beginning July 1, 2022, and ending June 30, 2023 $ 189,630,040.00.
SECTION 2. Of the funds appropriated under the provisions of this act, the following positions are authorized:
Permanent: Full Time............ 51
Part Time............ 0
Time-Limited: Full Time............ 0
Part Time............ 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 in Section 1, it is the intention of the Legislature that an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) is authorized to be expended from funds received from the Mississippi Development Authority as reimbursements for actual expenses incurred by the Office of State Aid Road Construction for administering and providing engineering services to political subdivisions as authorized under Section 65-4-15, Mississippi Code of 1972. Any such funds shall be deposited into the Office of State Aid Roads Administrative Fund for the fiscal year beginning July 1, 2022, and ending June 30, 2023.
SECTION 4. Of the funds appropriated in Section 1, it is the intention of the Legislature that an amount not to exceed Thirty Million Dollars ($30,000,000.00) is authorized to be expended for the purpose of replacement of structurally deficient bridges on the Local System Bridge Program (LSBP).
SECTION 5. It is the intention of the Legislature that the Office of State Aid Road Construction 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 6. 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:
Performance Measures Target
Percent of Administrative Costs as
Compared to Construction Costs 4.00
Percent of State Aid Construction Funds
Allocated to Counties 95.00
Number of Projects Let to Contract 175
Percent of Personnel Devoted to
Construction Programs 81.00
Federal Percent of Total Project Fund
Percent Reduction of Structurally
Deficient Bridges 0.00
Percent Increase in Total Miles Paved 1.00
Percent of Total State Aid Funds
Available Programmed or Obligated to
Number of State Aid Projects Let to Contract 75
Number of Federal Projects Let to Contract 5
Number of State Aid Projects Completed 30
Number of Federal Projects Completed 20
Average Time from Initiation to
Completion of a Fed Project (Days) 450
Number of Bridges Replaced or Repaired 85
Number of Structurally Deficient Bridges
on the State Aid System 5,000
Average Cost of a State Aid/Federal
Bridge Project 1,550,000.00
Local System Bridge
Percent Change in Deficient LSBP Bridges 3.00
Average Number of Active LSBP Projects
per County 1
Percent of LSBP Funds Available
Programmed or Obligated to Projects 85.00
Number of LSBP Projects Let to Contract 55
Number of LSBP Projects Completed 70
Number of LSBP Bridges Replaced or Repaired 70
Number of Eligible Deficient LSBP Bridges 5,000
Average Time From Initiation to
Completion of a LSBP Project (Days) 450
Percent of Counties Utilizing All of
Their Available LSBP Funds 30.00
Percent of Bridges Eligible for LSBP Funds 10.00
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 7. With the funds appropriated in this act, the Office of State Aid Road Construction 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 or 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." The signage shall further state the four-year legislative term in which the project was funded.
SECTION 8. It is the intention of the Legislature to authorize the State Aid Engineer to utilize funds available to the Office of State Aid Road Construction, from any source herein appropriated or made available by the counties or any other source, to pay for costs necessary to comply with the National Bridge Inspection Standards and the Federal Highway Administration's requirements for bridge inspections and/or special studies necessary to comply with federal laws. The State Aid Engineer shall follow the same procedures as have heretofore been established by Sections 65-9-9, 65-9-15 and 65-9-17, Mississippi Code of 1972, for payment of such costs. The Office of State Aid Road Construction may accept, budget and expend these funds subject to and in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal or state funds.
SECTION 9. It is the intention of the Legislature that in the letting of contracts for which the Office of State Aid Road Construction administers and provides engineering services to political subdivisions under the Economic Development Highway Act, bids may be made from the lowest and best bidder after advertising for competitive sealed bids once in a newspaper published or having a circulation in the county or municipality where the contract will be performed, and the date published for the bid opening may be not less than seven (7) working days after the advertisement is published.
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. 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 12. 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 13. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed from and after June 29, 2022.
Clerk of the House of Representatives