MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Appropriations
By: Representative Green, McBride, Denny, Ellzey, Gadd, Nettles, Read, Watson
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES FOR THE FISCAL YEAR 2003.
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, 2002, and ending June 30, 2003..........
........................................... $ 1,913,517.00.
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, 2002, and ending June 30, 2003........................ $ 5,918,231.00.
Of the funds appropriated in this section, Three Million Fifty Thousand Dollars ($3,050,000.00) is derived from the state excise taxes upon gasoline, oil and other petroleum products.
SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purpose of expenditure:
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 5,273,881.00
Travel and Subsistence.............. 82,880.00
Contractual Services..................... 1,528,140.00
Commodities.............................. 412,564.00
Capital Outlay:
Other Than Equipment................ 5,000.00
Equipment........................... 267,938.00
Subsidies, Loans and Grants.............. 261,345.00
Total.............................. $ 7,831,748.00
FUNDING:
General Funds........................... $ 1,913,517.00
Special Funds............................ 5,918,231.00
Total.............................. $ 7,831,748.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 108
Part Time........... 0
Time-Limited:Full Time........... 33
Part Time........... 4
Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Four Hundred Fifty Dollars ($450.00) per annum.
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 2004 do not exceed Fiscal Year 2003 funds appropriated for that purpose, unless programs, positions or pay increases are added to the agency's budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall, on July 1, 2002, publish separate annual projection reports, based on July 1, 2002, data, for the period of July 1, 2002, through December 31, 2002, and January 1, 2003, through June 30, 2003, that project the 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 ensure that no single personnel action increases this projected cost and/or the Fiscal Year 2003 appropriation for "Personal Services," as annualized on a semiannual basis in accordance with the provisions of this act. 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 2003 "Personal Services" appropriated level, when annualized in compliance with the provisions of this act, 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 4. 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 5. 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. 3452 to the Department of Marine Resources for the purpose of defraying the expenses of the Tidelands projects for the fiscal year beginning July 1, 2002, and ending June 30, 2003 $ 5,500,000.00.
With the funds appropriated in this section, the following projects are authorized:
PROJECT NO. PUBLIC ACCESS PROJECTS: FINAL ACTION
FY 2003
P35A Biloxi Port Commission-Schooner
Pier Project . . . . . . . . . . . .$ 400,000.00
P06A City of Gulfport-Courthouse Road
Boat Launch Area-Phase II. . . . . . 200,000.00
P16A City of Pass Christian-Harbor
Improvements . . . . . . . . . . . . 200,000.00
P08A City of Long Beach Harbor
Improvements . . . . . . . . . . . . 200,000.00
P03A Gulfport Lake Improvements - City
of Gulfport . . . . . . . . . . . . 150,000.00
P04A Cowen Road Boat Launch - City of
Gulfport . . . . . . . . . . . . . . 200,000.00
P32A Light House Fishing Dock and Bulkhead,
Phase VI - Biloxi Port Commission. . 100,000.00
P18A Hancock County Board of Supervisors-
Bayou Caddy Marina . . . . . . . . . 200,000.00
P20A Hancock County Board of Supervisors-
Clermont Harbor Pier . . . . . . . . 100,000.00
P01A City of Bay St. Louis - Ulman Avenue
Pier . . . . . . . . . . . . . . . . 200,000.00
P11A City of Ocean Springs-Fort Bayou
Fishing Pier . . . . . . . . . . . . 100,000.00
P27A Jackson County Board of Supervisors-
Porteaux Bayou . . . . . . . . . . . 150,000.00
P19A Hancock County Board of Supervisors-
McCleod Park . . . . . . . . . . . . 85,000.00
P09A City of Moss Point-Pelican Landing . . 50,000.00
P13A City of Pascagoula-Phase I Pier and
Launch Improvements. . . . . . . . . 60,000.00
P17A City of Waveland - Phase III Pier
Expansion and Related Improvements . 100,000.00
P34A Deer Island Restoration and Harbor
Improvements - Biloxi Port
Commission . . . . . . . . . . . . . 400,000.00
P02A D'Iberville Port Comm. - Fountain
Beach Public Access and Habitat
Learning Center. . . . . . . . . . . 200,000.00
P07A City of Gautier-City Park Expansion. . 200,000.00
TOTAL PUBLIC ACCESS: 3,295,000.00
MANAGEMENT PROJECTS:
M52A Maritime & Seafood Industry Museum,
Biloxi Schooner Project . . . . . . . 200,000.00
Various DMR/USM - Management Projects. . . . . . . . . 262,500.00
M55A Beauvoir Shrine - Access to Oyster
Bayou . . . . . . . . . . . . . . . . 95,000.00
M53A Mississippi Sound Maritime Historical
Foundation, Mississippi Maritime
Museum. . . . . . . . . . . . . . . . 200,000.00
M13A Mississippi Artificial Reef Development-
MDMR. . . . . . . . . . . . . . . . . 200,000.00
M02A Grand Bay NERR Operation Award Match-
MDMR. . . . . . . . . . . . . . . . . 175,000.00
M61A Mississippi Coast Audubon Society,
Conservation of Least Terns-Harrison
County Beaches. . . . . . . . . . . . 20,000.00
Various Department of Marine Resources Management
Projects. . . . . . . . . . . . . . . . . . . . . 552,500.00
SB2273 Deer Island . . . . . . . . . . . . . . 500,000.00 TOTAL MANAGEMENT: 2,205,000.00 TOTAL TIDELANDS: 5,500,000.00
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 (6) 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, 2002. All proposals submitted will be reviewed and evaluated by the Department of Marine Resources in accordance to department plans and procedures. Multiphased projects, multiyear projects, proposed projects with high dollar value and projects that have a record of stacking funds shall be considered as low priority projects when evaluated.
It is the intention of the Legislature that if the amount of the Tidelands funds appropriated in this act exceed the actual amount of Tidelands funds available, the available funds shall be made allocated on a pro rata basis between projects listed in this section.
SECTION 6. It is the intention of the Legislature that the Tidelands funds provided for the "D'Iberville Marina Complex Phase IV" project authorized in House Bill No. 1633, Regular Session of 1999, and Tidelands funds provided for the "D'Iberville Marina Complex Phase V" project authorized in House Bill No. 1636, Regular Session of 2000, shall be used for the "D'Iberville Port Commission Habitat Educational Park" project.
SECTION 7. It is the intention of the Legislature that the Tidelands funds provided for the "Biloxi Port Commission - Point Cadet Marina - J Pier" project authorized in House Bill No. 1636, Regular Session of 2000, shall be used for the "Biloxi Port Commission - Lighthouse Fishing Dock" project.
SECTION 8. It is the intention of the Legislature that the Tidelands funds provided for the "Restoration West End of Deer Island" project authorized in House Bill No. 1569, Regular Session of 2001, shall be used for the "Deer Island Restoration and Harbor Improvements - Biloxi Port Commission" project.
SECTION 9. It is the intention of the Legislature that the Tidelands funds provided for the "City of Moss Point - Waterfront Development: Pelican Landing" project authorized in House Bill No. 1569, Regular Session of 2001, shall be used for the "River Bend Pier and Boardwalk in Moss Point" project.
SECTION 10. It is the intention of the Legislature that Tidelands funds allocated in this act in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) for the City of Ocean Springs - Phase I East Beach Board Walk project must be approved by the Mayor and Board of Alderman by September 1, 2002. If the city does not approve the project by September 1, 2002, the funds will be transferred to the Jackson County Board of Supervisors for Phase I of the Lake Mars Boat Launch and Parking project.
SECTION 11. It is the intention of the Legislature that the Department of Marine Resources be allowed to make necessary transfers from the Subsidies, Loans and Grants major object of expenditure to any other major object of expenditure for the purpose of expending Tidelands funds as appropriated in House Bill No. 1569, Regular Session of 2001.
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, 2002, except for Section 11, which shall take effect and be in force from and after its passage.