MISSISSIPPI LEGISLATURE
2001 Regular Session
To: Appropriations
By: Representative Read, Eakes, Broomfield, Brown, Coleman (29th), Denny, Ellzey, Flaggs, Gadd, Martinson, Mitchell
House Bill 1596
(COMMITTEE SUBSTITUTE)
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 2002.
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, 2001, and ending June 30, 2002
$ 849,405,342.00.
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 $ 115,727,184.00
Travel and Subsistence 1,500,000.00
Contractual Services 81,000,000.00
Commodities 27,913,000.00
Capital Outlay:
Other Than Equipment 521,591,408.00
Equipment 5,000,000.00
Subsidies, Loans and Grants 96,673,750.00
Total $ 849,405,342.00
AUTHORIZED POSITIONS:
Permanent: Full Time 3,406
Part Time 19
Time-Limited: Full Time 0
Part Time 0
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and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
Of the funds appropriated herein, the Mississippi Department of Transportation shall construct an exit and crossover on that portion of Mississippi Highway 25 in Winston County between the Mississippi Highway 15/25 Bypass around the City of Louisville and that portion of Business Route Highway 15 in order to provide access to the existing businesses.
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.........$ 31,390,822.00
Construction..............................$ 601,915,316.00
Maintenance - Roadway.....................$ 131,061,202.00
Maintenance - Property....................$ 19,062,130.00
Debt Service..............................$ 49,870,000.00
Law Enforcement...........................$ 7,529,487.00
Aeronautics, Rails and other..............$ 8,576,385.00
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 2002.
SECTION 5. Of the funds appropriated in Section 1 of this act, the Mississippi Department of Transportation shall expend such funds as necessary to acquire and implement a highway segment budget and project management system which shall capture and implement the following for all preliminary engineering, right-of-way and construction contracts:
(a) Establishment of a master budget for each segment of highway to be constructed, reconstructed or repaired. For purposes of this management system, no segment shall be less than ten (10) miles in length unless a shorter segment is specifically authorized or required in law, the segment connects two (2) four-lane highways which were in existence on July 1, 2001, or when it is at least ten percent (10%) less expensive to construct, reconstruct or repair two (2) or more segments of less than ten (10) miles in length.
(b) Oversight and management of the master budget for segments which will:
(i) Establish a reasonable cost estimate to serve as a budget for each project within a segment. For purposes of this provision, projects include preliminary engineering, right-of-way acquisition and construction.
(ii) Capture and retain the initial project budgets for comparison with final actual expenditures.
(iii) Capture and retain the initial segment budget for comparison with final segment actual expenditures.
(iv) Require that any changes to a budget for a project will be reviewed and approved by district or central office personnel. Such personnel shall be responsible for signing any revision, providing a narrative description of the reasons for approving a revision and why other alternative(s) were inappropriate.
(v) With existing resources, develop an information system to provide the Legislature, managers and the public with up-to-date segment cost and status information.
(vi) Capture the costs of consultants, engineers, attorneys, contract appraisers and other technical and professional contractors used in preliminary engineering, right-of-way acquisition and construction projects.
(vii) Ensure that projects for preliminary engineering, right-of-way acquisition and construction do not overlap segments.
(viii) Track and report the final segment cost and a comparison to the bid cost.
(ix) Track and compare actual completion dates with the bid completion date.
(x) Track and report all construction contract change orders and the impact they have had on the bid price for a segment.
SECTION 6. Of the funds appropriated in Section 1 of this act, the Mississippi Department of Transportation shall expend such funds as necessary to compile and deliver to the Legislature by December 10, 2001, the following reports on the highway segments authorized under Sections 65-3-97 and 65-39-1, Mississippi Code of 1972, and any nonprogram segments:
(a) All preapproved contractors who subsequently receive contracts from the department. Such reports shall include the name of the contractor, the amount paid, the title of the project on which the contractor worked and the description of services provided.
(b) A compilation of all segments of less than ten (10) miles in length which were authorized by the Mississippi Transportation Commission. This listing shall include:
(i) Contract let date;
(ii) The highway on which the contract was let;
(iii) A description of the segment, including the beginning and end point of the contract;
(iv) The length of the segment in miles; and
(v) Name of the contractor selected to perform contract work;
(c) A compilation of costs for all preliminary engineering, right-of-way and construction contracts entered during the reporting period;
(d) A listing of all segments completed or in progress by topographical area of the state for the reporting period;
(e) A status report of road segments to include road segment description, the date of construction of the road, and the pavement condition rating, which includes roadbed rutting and condition factors; and
(f) A report on the causes of roadbed deterioration for all highways in the state highway system and any proposed remedies for these problems.
SECTION 7. None of the funds appropriated in Section 1 of this act may be used by the Department of Transportation to complete construction on the 1987 four-lane highway program established under Section 65-3-97, Mississippi Code of 1972, construct roads in the gaming roads program created under Section 65-39-1, Mississippi Code of 1972, construct nonprogram projects, or contract for reconstruction or repair in segments of less than ten (10) miles in length except as authorized by general law, or whenever the Mississippi Transportation Commission determines by entry upon its minutes that it is at least ten percent (10%) less expensive to construct, reconstruct or repair two( 2) or more segments of less than ten (10) miles in length. In addition, none of the funds appropriated in Section 1 of this act may be expended by the Department of Transportation for new segment construction except through contracts which incorporate paving, grade, drain and bridge work into a single contract for each segment.
SECTION 8. 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 9. 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 10. It is the intention of the Legislature that the Mississippi Department of Transportation shall have the authority to escalate its budget and expend funds obtained from the "buy back" option offered by equipment manufacturers and/or suppliers of certain types of equipment not to exceed One Million Dollars ($1,000,000.00) 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 11. Of the funds appropriated under the provisions of Section 1, the Mississippi Department of Transportation shall retain and maintain as a state highway that portion of Mississippi Highway 63 in George County and the City of Lucedale, beginning at or near Sally Parker Road and extending northerly to U. S. Highway 98, that has been replaced by the Transportation Department with a municipal bypass.
SECTION 12. Of the funds appropriated in Section 1, none shall be expended until the provisions of House Bill No. 1324, Regular Session of 2000, have been met.
SECTION 13. Of the funds appropriated under the provisions of Section 1, the Mississippi Department of Transportation shall widen the existing two (2) lanes to four (4) lanes for that portion of Mississippi Highway 3 in Quitman County beginning at or near the City of Lambert and extending northerly and ending at Mississippi Highway 6.
SECTION 14. Of the funds appropriated under the provisions of Section 1, the Mississippi Department of Transportation shall retain and maintain as a state highway any segment of Mississippi Highway 15 in Chickasaw County that has been replaced by the Transportation Department with a municipal bypass.
SECTION 15. 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 16. This act shall take effect and be in force from and after July 1, 2001.