HB1733_S_Cmte_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, 2004, and ending June 30, 2005..........

........................................... $ 1,776,451.00.

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, 2004, and ending June 30, 2005........................ $ 7,086,876.00.

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. With the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time........... 103

Part Time........... 0

Time-Limited:Full Time........... 46

Part Time........... 1

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 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 4. It is the intention of the Legislature that the Department of Marine Resources 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. 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 6. 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, 2004, and ending June 30, 2005 $ 5,000,000.00.

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

Public Access Projects:

PROJECT NO. PUBLIC ACCESS PROJECTS AMOUNT

2005-P1A Oyster Bayou - Beauvior $ 100,000.00

2005-P3A Schooner Pier/Salt Marsh

Creation 200,000.00

2005-P12A Courthouse Road Boat Launch

Facility Phase II 100,000.00

2005-P14A Gulfport Lake Improvements-

Phase II 50,000.00

2005-P13A Cowen Road Boat Launch

facility-Phase II 50,000.00

2005-P16A Harbor Improvements, City of

Long Beach 200,000.00

2005-P32A Beach Park Improvements,

Harrison Co. Board of

Supervisors 100,000.00

2005-P21A Highway 90 Boat Ramp,

City of Ocean Springs 200,000.00

2005-P22A The Point Development,

Phase I, City of Pascagoula 150,000.00

2005-P23A Harbor Improvements,

City of Pass Christian 50,000.00

2005-P28A Pearlington Pier, Hancock

County Board of Supervisors 100,000.00

2005-P31A Jordan River Water Access

at McLeod Park 100,000.00

2005-M45A Speckled Trout Management,

USM College of Marine

Sciences 250,000.00

No # USM College of Marine Sciences,

Management Projects 300,000.00

2005-M14A Derelect Vessel Program,

Department of Marine

Resources 100,000.00

2005-P36A Pascagoula River Basin

Estuarine Education Center,

Phase I 100,000.00

2005-P38A Lake Mars Boat Launching Parking,

Phase II 120,000.00

2005-P40A Racetrack Road Boat Launching

and Recreation Park,

Phase II 150,000.00

2005-P41A Mississippi Sound Welcome

Center Public Plaza 200,000.00

2005-P7A Property Acquisition and

Improvements for Waterfront

Access 200,000.00

2005-P25A Pier/Marina Improvements-Phase V,

City of Waveland 100,000.00

No# WRANPS Inc. 30,000.00

Total Public Access Projects 2,950,000.00

Total Other Management Projects 996,737.00

Deer Island Payment 1,053,263.00

Total Tidelands Funds: 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, 2005. 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 7. 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. 1532, 2003 Regular Session, for the fiscal year beginning July 1, 2004, and ending June 30, 2005................................................. $5,819,273.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the balance as of June 30, 2004, or change the purpose for which the funds were originally authorized except as otherwise stated in this bill.

SECTION 8. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “City of Biloxi-McDonnell Avenue Boat Launch” project authorized in House Bill No. 1633, 1999 Regular Session, and Tidelands funds provided for the “Biloxi Port Commission-West Biloxi Boat Launch/Marina” project authorized in House Bill No. 1636, 2000 Regular Session, shall be used for the “P32A-Biloxi Port Commission-Lighthouse Fishing Dock and Bulkheads, Phase VI” project authorized in House Bill No. 1756, 2002 Regular Session.

SECTION 9. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P03A-City of Gulfport-Gulfport Lake Improvements” project authorized in House Bill No. 1756, 2002 Regular Session, shall be used for the “P04A-City of Gulfport-Cowan Road Boat Launch” project authorized in House Bill No. 1756, 2002 Regular Session.

SECTION 10. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P31A-D’Iberville Port Commission-Fountain Beach Access and Learning Center” project authorized in House Bill No. 1532, 2003 Regular Session, shall be used for the “P02A-D’Iberville Port Commission-Fountain Beach Public Access and Habitat Learning Center” project authorized in House Bill No. 1756, 2002 Regular Session.

SECTION 11. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P07A-City of Gautier-City Park Expansion” project authorized in House Bill No. 1756, 2002 Regular Session, shall be used for the “P03A-City of Gautier-City Park Community Center” project authorized in House Bill No. 1532, 2003 Regular Session.

SECTION 12. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “P13A-City of Pass Christian-Harbor Improvements” project authorized in House Bill No. 1532, 2003 Regular Session, shall be used for “P16A-City of Pass Christian-Harbor Improvements” project authorized in House Bill No. 1756, 2002 Regular Session.

SECTION 13. It is the intention of the Legislature that the Tidelands funds provided for and remaining in, as indicated by Form TTF-6, the “City of Bay St. Louis-Ulman Avenue Pier” project authorized in House Bill No. 1569, 2001 Regular Session, the “P01A-City of Bay St. Louis-Ulman Avenue Pier” project authorized in House Bill No. 1756, 2002 Regular Session, and the “P01A-Rutherford Pier Improvement, Phase II” project authorized in House Bill No. 1532, 2003 Regular Session, shall be used for the “P06A-City of Bay St. Louis-Property Acquisition and Improvements for Parking” project authorized in ______. (Requested FY2005 application, if approved for funding in FY2005)

SECTION 14. 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 15. 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 16. 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 17. This act shall take effect and be in force from and after July 1, 2004.