MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Representatives Livingston, Green (96th), Broomfield, Foster, Nettles, Vince

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES FOR THE FISCAL YEAR 2000.

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 hereby 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, 1999, and ending June 30, 2000

$ 2,704,452.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby 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, 1999, and ending June 30, 2000 $ 5,726,649.00.

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 Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purpose of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 4,865,747.00

Travel and Subsistence 73,460.00

Contractual Services 1,763,583.00

Commodities 423,708.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 813,291.00

Subsidies, Loans and Grants 491,312.00

Total $ 8,431,101.00

FUNDING:

General Funds $ 2,704,452.00

Special Funds 5,726,649.00

Total $ 8,431,101.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 112

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 17

Part Time. . . . . . . . . 0

Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Four Hundred Fifty Dollars ($450.00) per annum.

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi Legislature.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

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.

SECTION 4. Of the funds appropriated in Section 2, and allocated in Section 3, funds in the amount of Two Million Dollars ($2,000,000.00) and forty-five (45) permanent, full-time positions are provided to accomplish the transfer of the Marine Law Enforcement Division of the Department of Wildlife, Fisheries and Parks to the Department of Marine Resources, as authorized in Senate Bill No. 2804, 1999 Regular Session. Of the above permanent full-time positions provided, a total of thirty-seven (37) permanent full-time positions, including PIN No. 803, Division Director II, shall be transferred by the Department of Wildlife, Fisheries and Parks to the Department of Marine Resources as authorized in Senate Bill No. 2804, 1999 Regular Session.

In the event that Senate Bill No. 2804, 1999 Regular Session, is not enacted into law, then this appropriation shall be reduced by Two Million Dollars ($2,000,000.00) in Special Funds and forty-five (45) permanent, full-time positions.

SECTION 5. It is the intention of the Legislature that the Department of Marine Resources shall have the authority to receive, budget and expend funds from any source that may become available to the department 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 6. 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. 3450, to the Department of Marine Resources for the purpose of defraying the expenses of the Tidelands projects for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 5,000,000.00.

With the funds appropriated in this section, the following projects are authorized:

Bayou Chico Breakwater Extension -

City of Pascagoula $ 70,000.00

A Severely Endangered Island: Deer Island -

USM MIMS 36,541.00

Man-induced Shore Destruction Bell Fountain -

USM MIMS 11,873.00

Wildlife Rehabilitation and Education

Program - WRAMPS 40,000.00

Maritime and Seafood Industry Museum

Expansion - Maritime Museum 200,000.00

Bay St. Louis Urban Waterfront Improvements -

City of Bay St. Louis 100,000.00

McDonnell Avenue Boat Launch -

City of Biloxi 300,000.00

West Biloxi Piers Restoration -

Biloxi Port Commission 100,000.00

Gautier Pk Waterfront Improvements -

City of Gautier 40,000.00

Moses Pier Improvements -

City of Gulfport 100,000.00

Improvements to Urie Pier -

City of Gulfport 50,000.00

Round Island Lighthouse -

City of Pascagoula 260,000.00

Derelict Vessel Removal Program -

DMR 150,000.00

R/V Tommy Munro Upgrade -

USM MIMS 327,420.00

Restore East Beach Harbor Bulkhead & Others -

City of Pass Christian 200,000.00

Bayou Caddy Marina Phase II -

Hancock County 75,000.00

Pops Ferry Causeway Waterfront Phase II -

Harrison County 100,000.00

Long Beach Piers-Phase III -

Harrison County 100,000.00

Tchoutacabouffa River Access -

Harrison County 100,000.00

Renourishment of Belle Fountaine Beach -

Jackson County 300,000.00

Ocean Springs Harbor -

Jackson County 250,000.00

Lighthouse Fishing Docks Phase IV -

Biloxi Port Commission 200,000.00

D'Iberville Marina Complex Phase IV -

D'Iberville Port Commission 100,000.00

Cedar Point Boat Launch Expansion -

Hancock County 50,000.00

Clemont Harbor Pier -

Hancock County 50,000.00

Sportfish Restoration Act (Wallop-Breaux)

Project - DMR 45,000.00

Harmful Algal Bloom Monitoring in Coastal MS -

DMR/USM MIMS 122,241.00

Beach Monitoring -

DMR/DEQ 100,000.00

Artificial Reef Development -

DMR 100,000.00

Develop of Ornamental Horticultural/Shrimp

Waste Prod - MSU CREC 25,000.00

Public Marina Project Phase III,

City of Waveland 100,000.00

Small Craft Harbor, City of Long Beach 200,000.00

DMR Marine Studies and Project Initiatives -

DMR 996,925.00

TOTAL $5,000,000.00

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 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, 1999.

It is the intention of the Legislature that if the amount of 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 7. It is the intention of the Legislature that the funds provided in the "Gulfport-James Hill Park Improvements" that was authorized in House Bill No. 1722 in the 1998 Regular Session shall be used for the "Front Beach Pier Improvements."

SECTION 8. Funds are provided in this act for the reallocation of the following positions not to exceed Ninety-four Thousand Six Hundred Seventy-seven Dollars ($94,677.00):

PIN 38 Division Director I to DMR Chief of Staff

PIN 52 Division Director II to Office Director I

PIN 92 Personnel Officer IV to Bureau Director I

PIN 33 Secretary Administrative Confidential to Executive Assistant II

PIN 13 Contract Analyst II to Contract Analyst Senior

PIN 12 Project Officer IV Special to Bureau Director I

PIN 49 DP System Analyst III to Lead System Administrator

PIN 91 DP Tech Specialist III to Senior System

Administrator

PIN 99 DP Tech Specialist III to Senior System Administrator

PIN 5036 DP Tech Specialist III to Senior System

Administrator

SECTION 9. 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 10. This act shall take effect and be in force from and after July 1, 1999.