MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Appropriations

By: Representatives Read, Eakes, Broomfield, Brown, Coleman (29th), Denny, Flaggs, Gadd, Livingston, Martinson, Mitchell

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; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 2001.

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 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, 2000, and ending June 30, 2001

$ 936,508,743.00.

SECTION 2. The following offices are supported by the funds appropriated in Section 1: The Office of Administrative Services, the Office of Highways, the Office of Aeronautics and Rails and the Office of Enforcement. Of the funds appropriated under the provisions of Section 1, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 115,595,333.00

Travel and Subsistence 3,000,000.00

Contractual Services 90,297,981.00

Commodities 20,744,067.00

Capital Outlay:

Other Than Equipment 595,022,393.00

Equipment 10,000,000.00

Subsidies, Loans and Grants 101,848,969.00

Total $ 936,508,743.00

AUTHORIZED POSITIONS:

Permanent: Full Time 3,380

Part Time 19

Time-Limited: Full Time 0

Part Time 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2002 do not exceed Fiscal Year 2001 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2002 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. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2001 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2001 "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.

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 3. Of the funds appropriated to the Mississippi Department of Transportation under the provisions of Section 1 and authorized for expenditure in Section 2, 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.........$ 36,800,000.00

Construction..............................$ 692,789,129.00

Maintenance...............................$ 149,473,445.00

Debt Service..............................$ 45,146,169.00

Law Enforcement...........................$ 8,700,000.00

Aeronautics, Rails and other..............$ 3,600,000.00

SECTION 4. Of the funds appropriated in Section 1 and authorized for expenditure in Section 2, it is the intention of the Legislature that One Hundred Thousand Dollars ($100,000.00) shall be transferred to the Department of Agriculture and Commerce for the Beaver Control or Eradication Program during the Fiscal Year 2001.

SECTION 5. Of the funds appropriated under the provisions of this act, the Mississippi Department of Transportation may expend out of these funds such sums as may be necessary to provide transportation and transportation related services, including the operation or use of buses, vans or other vehicles owned or leased by the Mississippi Department of Transportation, in support of the annual meeting of the Southern Legislative Conference hosted by the State of Mississippi.

SECTION 6. 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 7. It is the intention of the Legislature that the Mississippi Department of Transportation shall have the authority to escalate and expend funds from any proceeds arising from participation in drug seizure activities not to exceed Fifty Thousand Dollars ($50,000.00).

SECTION 8. Of the construction funds appropriated in Section 1 and allocated in Section 2, it is the intention of the Legislature that priority shall be given in letting paving contracts on grade, drain and bridge projects which have been completed for six (6) months or more. This action will not prohibit the Department of Transportation from letting paving contracts on grade, drain and bridge projects which have been completed for less than six (6) months.

SECTION 9. Of the funds herein appropriated, up to Four Hundred Thousand Dollars ($400,000.00) may be used to move buildings from property authorized for conveyance in House Bill No. 523, Regular Session 2000.

SECTION 10. It is the intention of the Legislature that the Executive Director of the Department of Transportation may transfer between the various programs authorized in Section 3 funds not to exceed ten percent (10%) of the total funds authorized in Section 1, except that transfers cannot be made into the "Administration and Other Expense Program." The Executive Director of the Department of Transportation shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer.

SECTION 11. It is the intention of the Legislature that the Department of Transportation be allowed to escalate its budget in the "Capital Outlay" major object of expenditure and the appropriate corresponding program, with funds generated as a result of third party damages an amount not to exceed Two Million Dollars ($2,000,000.00).

SECTION 12. The Mississippi Department of Transportation is hereby authorized and directed to conduct a pilot maintenance project on U. S. Highway 78 between the Tennessee and Alabama state lines that is projected to save the department monies over a five-year period.

SECTION 13. Of the funds herein appropriated, funds in the amount of Two Hundred Thousand Dollars ($200,000.00) are provided to construct turn lanes to Highway 145 to improve safety and accessibility to Saltillo High School at Saltillo.

SECTION 14. It is the intention of the Legislature that the Department of Transportation be allowed to escalate its budget in either the "Capital Outlay" or "Commodities" major object of expenditure and the Maintenance Program, with funds which were obligated in Fiscal Year 2000 for maintenance overlay projects and maintenance repair projects but not completed before the end of the Fiscal Year 2000.

SECTION 15. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money not expended in Fiscal Year 2000 by the Department of Transportation in the equipment category for the fiscal year beginning July 1, 2000, and ending June 30, 2001 $ 1,100,000.00.

SECTION 16. 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 17. This act shall take effect and be in force from and after July 1, 2000.