HB1532_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, 2003, and ending June 30, 2004

.......................................... $ 1,928,625.00.

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, 2003, and ending June 30, 2004..... $ 8,105,903.00.

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$ 6,015,768.00

Travel and Subsistence............. 100,000.00

Contractual Services.................... 1,900,000.00

Commodities............................. 600,000.00

Capital Outlay:

Other Than Equipment............... 218,760.00

Equipment.......................... 900,000.00

Subsidies, Loans and Grants............. 300,000.00

Total............................. $ 10,034,528.00

FUNDING:

General Funds.......................... $ 1,928,625.00

Special Funds........................... 8,105,903.00

Total............................. $ 10,034,528.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 107

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 2005 do not exceed Fiscal Year 2004 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2005 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 2004 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 2004 "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 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, 2003, and ending June 30, 2004................................. $ 5,319,273.00.

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

PROJECT NO. PUBLIC ACCESS PROJECTS: FINAL ACTION

FY 2004

McLeod Water Park . . . . . . . . .$ 100,000.00

P12A East Pascagoula River Boat Launch

and Pier . . . . . . . . . . . . . . 150,000.00

P34A Bayhead Swamp & Bayou, Public

Access to. . . . . . . . . . . . . . 80,350.00

P31A Fountain Beach Access & Learning

Center . . . . . . . . . . . . . . . 150,000.00

P02A Hiller Park Recreational Pier. . . . . 150,000.00

P22A Pearlington Pier Extension, Hancock

County . . . . . . . . . . . . . . . 100,000.00

P14A Garfield-Ladner Pier, Phase IV . . . . 100,000.00

P24A Washington Street Pier . . . . . . . . 100,000.00

P08A Long Beach Harbor Improvements . . . . 100,000.00

P19A Old Spanish Fort Boat Launching Ramp

and Pier . . . . . . . . . . . . . . 40,000.00

P20A Lake Mars Boat Launching & Parking . . 120,000.00

P03A City Park Community Center . . . . . . 150,000.00

P28A Schooner Pier Project. . . . . . . . . 325,000.00

P01A Rutherford Pier Improvement,

Phase II . . . . . . . . . . . . . . 150,000.00

P07A Gulfport Small Craft Harbor

Dredging . . . . . . . . . . . . . . 300,000.00

Derelict Vessels/Offshore Artificial

Reefs . . . . . . . . . . . . . . . 250,000.00

P10A Ocean Springs Fishing Bridge

Expansion . . . . . . . . . . . . . 125,000.00

Mississippi Sound Maritime Museum. . . 100,000.00

WRANPS Wildlife Rehabilitation and

Preservation Society, Inc. . . . . . . 25,000.00

Gulf Coast Research Lab Projects . . . 300,000.00

P18A Racetrack Road Boat Launch,

Phase 1. . . . . . . . . . . . . . . 150,000.00

P15A Tchoutacabouffa River Boat Launch. . . 150,000.00

TOTAL PUBLIC ACCESS: 3,215,350.00

TOTAL MANAGEMENT: 1,037,523.00

Deer Island Payment . . . . . . . . . . . . . . . . . 1,066,400.00 TOTAL TIDELANDS: 5,319,273.00

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, 2003. 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 allocated on a pro rata basis between projects listed in this section.

SECTION 6. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State Treasury to the credit of the Department of Marine Resources, Tidelands Fund, which is comprised of special source funds available to the department, for expenditures pursuant to House Bill No. 1756, 2002 Regular Session, for the fiscal year beginning July 1, 2003, and ending June 30, 2004............................ $5,500,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2003, or change the purpose for which the funds were originally authorized except as otherwise stated in this bill.

SECTION 7. 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, 1999 Regular Session, 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 8. 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 9. 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 10. 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 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. 1756, Regular Session of 2002.

SECTION 12. It is the intention of the Legislature that the commission shall place any special trust funds appropriated to the department in a special trust fund and the interest earned on the principal shall be credited to the special trust fund. Monies in the fund at the end of the fiscal year shall be retained in the special trust fund for use in the next succeeding fiscal year. The department may use the interest earned on the fund to pay reasonable costs for administering the fund and related projects.

SECTION 13. It is the intention of the Legislature that Tidelands Funds not otherwise appropriated shall be used for additional funding of tideland projects and the administration thereof by the Department of Marine Resources. Expenditures of excess Tidelands Funds by the Department of Marine Resources for supplemental and additional funding and administration of tidelands projects heretofore or hereafter proposed is authorized and approved. The Department of Marine Resources may escalate the Tidelands Fund in an amount not to exceed Eight Hundred Thousand Dollars ($800,000.00) for the purposes outlined in this section.

SECTION 14. 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 15. This act shall take effect and be in force from and after July 1, 2003.