HB1756_S_Amend

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........................

.......................................... $ 1,932,429.00.

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.......................... 286,850.00

Subsidies, Loans and Grants............. 261,345.00

Total............................. $ 7,850,660.00

FUNDING:

General Funds.......................... $ 1,932,429.00

Special Funds........................... 5,918,231.00

Total............................. $ 7,850,660.00

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.

Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to fifty percent (50%) of the realignment component of the Variable Compensation Plan or Six Hundred Dollars ($600.00), whichever is greater, beginning on January 1, 2003.

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 semi-annual 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........ $ 5,000,000.00.

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

PUBLIC ACCESS PROJECTS:

Biloxi Port Commission-Seafood Museum-

Schooner Pier . . . . . . . . . . .$ 400,000.00

City of Gulfport-Courthouse Road Boat

Launch Area-Phase II. . . . . . . .$ 200,000.00

City of Pass Christian-Harbor

Improvements. . . . . . . . . . . .$ 200,000.00

City of Long Beach-Harbor

Improvements. . . . . . . . . . . .$ 200,000.00

Hancock County Board of Supervisors-

Bayou Caddy Marina. . . . . . . . .$ 200,000.00

Hancock County Board of Supervisors -

Clermont Harbor Pier. . . . . . . .$ 100,000.00

City of Bay St. Louis - Ulman Avenue

Pier . . . . . . . . . . . . . . .$ 200,000.00

City of Ocean Springs-Phase I East Beach

Board Walk. . . . . . . . . . . . .$ 150,000.00

Jackson County Board of Supervisors-

Porteaux Bayou . . . . . . . . . . $ 150,000.00

City of Gulfport - Gulfport Lake-

Improvements . . . . . . . . . . . $ 150,000.00

City of Gulfport - Cowen Road Boat

Launch . . . . . . . . . . . . . . $ 200,000.00

Hancock County Board of Supervisors -

McCleod Park . . . . . . . . . . . $ 85,000.00

Biloxi Port Commission-Light House

Fishing Dock and Bulkhead-

Phase VI . . . . . . . . . . . . . $ 100,000.00

City of Pascagoula-Phase I Pier and

Launch Improvements. . . . . . . . $ 60,000.00

City of Waveland-Phase III Pier

Expansion and Related

Improvements . . . . . . . . . . . $ 100,000.00

Biloxi Port Commission-Deer Island

Restoration and Harbor

Improvements . . . . . . . . . . . $ 400,000.00

D'Iberville Port Commission - Fountain

Beach Public Access and Habitat

Learning Center. . . . . . . . . . $ 200,000.00

City of Gautier-City Park Expansion . . $ 200,000.00

TOTAL PUBLIC ACCESS . . . . . . . . . . $3,295,000.00

MANAGEMENT PROJECTS:

Biloxi Port Commission-Seafood Museum-

Schooner Project. . . . . . . . . .$ 250,000.00

USM - Cedar Point Nature and Wildlife

Preserve and Public Interpretation

Center . . . . . . . . . . . . . . $ 262,500.00

Beauvior Shrine-Access to Oyster Bayou .$ 95,000.00

Mississippi Maritime Museum-Gulfport. . $ 150,000.00

Mississippi Gulf Coast Reefs. . . . . . $ 200,000.00

Grand Bay NERR Core Operations Center . $ 175,000.00

Conservation of Least Terns-

Harrison County Beaches. . . . . . $ 20,000.00

Department of Marine Resources

Management Projects. . . . . . . . $ 552,500.00

TOTAL MANAGEMENT: $1,705,000.00

TOTAL TIDELANDS: $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 (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 matching funds of at least One Hundred Thousand Dollars ($100,000.00) be provided by the Mississippi Sound Maritime Historical Foundation for the Mississippi Maritime Museum project before the Mississippi Sound Maritime Historical Foundation is eligible to receive funds allocated to it in this act.

SECTION 12. 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 13. 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 14. This act shall take effect and be in force from and after July 1, 2002, except for Section 12, which shall take effect and be in force from and after its passage.