HB1725 - Conference Report

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, 2004, and ending June 30, 2005.......................................

............................................ $ 897,603,972.00.

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$ 139,190,685.00

Travel and Subsistence.............. 3,109,142.00

Contractual Services..................... 107,738,087.00

Commodities.............................. 29,457,356.00

Capital Outlay:

Other Than Equipment................ 513,093,986.00

Equipment........................... 13,918,616.00

Subsidies, Loans and Grants.............. 91,096,100.00

Total.............................. $ 897,603,972.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 3,466

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 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 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 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "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 or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

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.........$ 49,359,794.00

Construction..............................$ 627,318,090.00

Maintenance...............................$ 153,541,865.00

Debt Service..............................$ 27,500,000.00

Law Enforcement...........................$ 14,308,095.00

Aeronautics, Rails and other..............$ 25,576,128.00

SECTION 4. It is the intention of the Legislature that the Mississippi Department of Transportation shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2004. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2005 budget request process.

SECTION 5. Of the funds appropriated in Section 1 and authorized for expenditure in Section 2, it is the intention of the Legislature that Two Hundred Fifty Thousand Dollars ($250,000.00) shall be transferred to the Department of Agriculture and Commerce for the Beaver Control or Eradication Program during the Fiscal Year 2005.

SECTION 6. Of the funds appropriated in Section 1 of this act, the Mississippi Department of Transportation shall expend such funds as necessary to conduct project planning. Such project planning shall apply to all preliminary engineering, right-of-way acquisition and construction projects of the department and, at a minimum, shall consist of policies for the oversight and management of project cost which:

(a) Establish a reasonable cost estimate for each project. For purposes of this provision, projects include preliminary engineering, right-of-way acquisition and construction;

(b) Capture and retain the initial project cost estimates for comparison with final actual expenditures;

(c) Require that any changes to a cost estimate for a project will be reviewed and approved by district or central office personnel. Such personnel shall be responsible for signing any revision, and providing a narrative description of the reasons for approving a revision;

(d) Capture the cost of consultants, engineers, attorneys, contract appraisers and other technical and professional contractors used in preliminary engineering, right-of-way acquisition and construction projects.

SECTION 7. None of the funds appropriated under the provisions of Section 1 of this act may be expended by the Department of Transportation for construction of new highways if such highway segment is less than ten (10) miles in length unless:

(a) The explanation and justification for letting such a contract for a length of less than ten (10) miles is entered upon the official minutes of the Transportation Commission;

(b) The commission, within ten (10) working days after entry of its explanation and justification upon its minutes, gives notice, by United States First Class Mail, and provides a copy of such entry upon its minutes, to the Chairman of the Transportation Committee of the Mississippi House of Representatives and the Chairman of the Mississippi Senate Highways and Transportation Committee.

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 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 10. Of the funds appropriated in Section 1 and allocated in Section 2, not less than Eighty Million Dollars ($80,000,000.00) shall be expended for contracted maintenance overlay and pavement rehabilitation.

SECTION 11. It is the intention of the Legislature that the Mississippi Department of Transportation shall have the authority to escalate its budget in the Capital Outlay - Other Than Equipment or the Commodities major objects of expenditure in the Maintenance Program, with funds which were obligated in Fiscal Year 2004 for maintenance overlay projects and maintenance repair projects but not completed by the end of Fiscal Year 2004, in an amount not to exceed Ten Million Dollars ($10,000,000.00). Any escalation made from the authority granted in this Section shall be reported to the Chairmen of the Appropriations Committees of the Mississippi Senate and the Mississippi House of Representatives, the Chairman of the Highways and Transportation Committee of the Mississippi Senate, the Chairman of the Transportation Committee of the Mississippi House of Representatives, and the Legislative Budget Office, within fifteen (15) working days after said escalation.

SECTION 12. 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 One Hundred Fifty Thousand Dollars ($150,000.00).

SECTION 13. It is the intention of the Legislature that the agency shall provide a report reflecting Fiscal Year 2004 usage of wireless communication devices which shall include cellular phones, two-way radios, pagers, or any other means of wireless communications to the Chairman of the House Appropriations Committee, the Chairman of the Senate Appropriations Committee, and the State Auditor by September 1, 2004. The report shall contain, but not be limited to, the following:

(1) The number of wireless communication devices provided to employees by the agency;

(2) The annual cost of usage of wireless communication devices by each employee of the agency who is issued a wireless communication device;

(3) Separate justification of the usage of wireless communication devices by those employees issued wireless communication devices; and

(4) To determine whether quantifiable benefits are associated with the utilization of wireless communications and whether such service provides more efficient or effective service delivery.

SECTION 14. It is the intention of the Legislature that the Mississippi Department of Transportation is hereby authorized to transfer between the various programs in an amount not to exceed ten Percent (10%) of the amount appropriated in Section 3, except that no transfers shall be authorized which increase the "Administrative and Other Expenses" Program or which decrease the "Maintenance" Program.

SECTION 15. It is the intention of the Legislature that the Mississippi Department of Transportation is hereby authorized to escalate its budget for Fiscal Year 2005 for funds appropriated in Fiscal Year 2004 but not expended in Fiscal Year 2004 by the Mississippi Department of Transportation in the "Capital Outlay-Equipment" category in an amount not to exceed Two Million Four Hundred Thousand Dollars ($2,400,000.00) as authorized in House Bill No. 1530, 2003 Regular Session, for Fiscal Year 2004.

SECTION 16. It is the intention of the Legislature that the Mississippi Department of Transportation is hereby authorized to pay certain bills which were submitted by the law firm of Gore, Kilpatrick, Purdie, Metz and Adcock in prior fiscal years for services rendered in eminent domain litigation but which were not paid in an amount not to exceed Twenty-six Thousand Five Hundred Ninety Dollars and Ninety Cents ($26,590.90).

SECTION 17. It is the intention of the Legislature that the Mississippi Department of Transportation is hereby authorized to pay certain bills submitted by the law firm of Mitchell, McNutt and Sams in prior fiscal years for services rendered in eminent domain litigation but which were not paid in an amount not to exceed Sixty Thousand Seven Hundred Sixty-two Dollars and Fifty-four Cents ($60,762.54).

SECTION 18. It is the intention of the Legislature that the Mississippi Department of Transportation is hereby authorized to reimburse actual travel expenses which were incurred by certain Law Enforcement Division employees attending the Law Enforcement Training Academy in Pearl during Fiscal Year 2002: Jessica David, in the amount of Six Hundred Twenty-one Dollars ($621.00); Lynn Harvey, in the amount of Five Hundred Forty-six Dollars and Forty-eight Cents ($546.48); Kewain Reese, in the amount of Nine Hundred Thirty-seven Dollars and Eighty Cents ($937.80); and Jennifer Dubose, in the amount of Seven Hundred Sixty-eight Dollars and Seventy-eight Cents ($768.78).

SECTION 19. It is the intention of the Legislature that of the funds appropriated in Section 1, an amount not to exceed Two Million Dollars ($2,000,000.00) is provided to construct, reconstruct or improve roads along Canal Street from John R. Junkin Drive to Madison Street that connects to D.A. Biglane Street, Silver Street, Roth Hill Street and Learned Mill Road and the surrounding area in the City of Natchez.

SECTION 20. It is the intention of the Legislature that the Mississippi Department of Transportation shall have the authority to expend an amount not to exceed Fifty Thousand Dollars ($50,000.00) for railroad crossings that were previously approved but not funded.

SECTION 21. Contingent upon passage of House Bill No. 1279, 2004 Regular Session, the Public Service Commission shall transfer all employees, equipment, inventory and resources of the commission employed and used as law enforcement personnel to the Department of Transportation on July 1, 2004. The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement. The transfer shall also include direct support, clerical, data processing and communications positions allocated to that law enforcement.

SECTION 22. Of the funds appropriated in Section 1 and authorized for expenditure in Section 2, Four Million Six Hundred Seventeen Thousand One Hundred Sixty-nine Dollars ($4,617,169.00) shall be provided from Fund No. 3811 in the State Treasury, contingent upon the passage of House Bill No. 1279, 2004 Regular Session.

SECTION 23. With the funds provided herein, overtime may be paid to PSC-Enforcement Office Regulated Carrier positions, the PSC-Enforcement Officer Chief position, PSC-Enforcement Officer District Supervisor positions, PSC-Special Projects Officer IV positions, and PSC-Training Director positions, contingent upon passage of House Bill No. 1279, 2004 Regular Session.

SECTION 24. 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 25. This act shall take effect and be in force from and after July 1, 2004.


X (SIGNED)	X (SIGNED)
Johnny W. Stringer	Jack Gordon

X (SIGNED)	X (SIGNED)
William Miles	Hillman Terome Frazier

X (SIGNED)	X (SIGNED)
Bennett Malone	Merle Flowers