House Bill NO. 1596

By Senator(s) Committee

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

$ 931,705,342.00.

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 $ 116,273,420.00

Travel and Subsistence 2,000,000.00

Contractual Services 84,959,409.00

Commodities 27,913,000.00

Capital Outlay:

Other Than Equipment 600,385,763.00

Equipment 3,500,000.00

Subsidies, Loans and Grants 96,673,750.00

Total $ 931,705,342.00

AUTHORIZED POSITIONS:

Permanent: Full Time 3,406

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 2003 do not exceed Fiscal Year 2002 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2003 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 2002 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 2002 "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.........$ 29,890,822.00

Construction..............................$ 684,215,316.00

Maintenance - Roadway.....................$ 132,561,202.00

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.

(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 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 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. It is the intention of the Legislature that the Executive Director of the Mississippi Department of Transportation may transfer between the various programs authorized in Section 3 of this act, an amount not to exceed ten percent (10%) of the amount appropriated in Section 1, except that no transfers shall be authorized which increase the "Administration and Other Expenses" Program or which decrease the "Maintenance" Programs. The Executive Director of the Mississippi Department of Transportation shall submit written justification for any transfers authorized in this Section 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 12. It is the intention of the Legislature that the Mississippi Department of Transportation is hereby authorized to receive, budget and expend in the Capital Outlay major object of expenditure an amount not to exceed Two Million Dollars ($2,000,000.00) resulting from funds received from third party damages.

SECTION 13. It is the intention of the Legislature that the Mississippi Department of Transportation is hereby authorized to receive, budget and expend any federal funds made available to the State of Mississippi resulting from the passage of the Mississippi Primary Seatbelt Law.

SECTION 14. It is the intention of the Legislature that the Mississippi Department of Transportation shall reissue Payroll Warrant No. 802109924 which was originally issued on April 26, 1995, to Wilburn L. Stephens in the amount of Six Hundred Twenty-four Dollars and Thirty-three Cents ($624.33) which was not presented for payment within a one year period and is now void.

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.