Senate Bill 3163

(As Passed the Senate)

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE OFFICE OF STATE AID ROAD CONSTRUCTION OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FOR FISCAL YEARS 2007 AND 2008.

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 purpose of defraying the expenses of the Local System Bridge Program of the Office of State Aid Road Construction of the Mississippi Department of Transportation, for the fiscal year beginning

July 1, 2007, and ending June 30, 2008.........$ 20,000,000.00.

SECTION 2. 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 Office of State Aid Road Construction Fund, for the purpose of defraying the expenses of the Office of State Aid Road Construction of the Mississippi Department of Transportation for the fiscal year beginning July 1, 2007, and ending June 30, 2008 $ 183,384,650.00.

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 purposes of expenditure:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits$ 2,877,684.00

Travel and Subsistence.............. 43,959.00

Contractual Services..................... 325,000.00

Commodities.............................. 50,000.00

Capital Outlay:

Other Than Equipment................ 0.00

Equipment........................... 29,207.00

Vehicles............................ 58,800.00

Wireless Communication Devices...... 0.00

Subsidies, Loans and Grants.............. 200,000,000.00

Total.............................. $ 203,384,650.00

FUNDING:

General Funds........................... $ 20,000,000.00

Special Funds............................ 183,384,650.00

Total.............................. $ 203,384,650.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 48

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

Time-Limited:Full Time........... 0

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

Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to the realignment component of the Variable Compensation Plan or One Thousand Dollars ($1,000.00), or Three Percent (3%) whichever is greater, to be awarded on July 1, 2007.

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 2009 do not exceed Fiscal Year 2008 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2009 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 2008 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 2008 "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.

The agency shall not take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions: the award of teacher pay increases, the advancement of a trainee/cadet to the next level of a bona fide career ladder, the award of an educational benchmark for the attainment of Certified Public Accountant License or higher level professional certification as determined by the State Personnel Board, the immediate replacement of a departing employee with an individual from within state service or a new hire at a salary level equivalent to that of the departing employee, and the emergency appointment of nurses, pharmacists or other health care professionals at a salary to be determined by the State Personnel Board, unless otherwise authorized in this act.

SECTION 4. It is the intention of the Legislature that the Office of State Aid Road Construction 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 2007. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2009 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 2008 budget request process.

SECTION 5. It is the intention of the Legislature that the Office of State Aid Road Construction shall have the authority to accept, budget and expend funds, comprised of special funds to the office, not to exceed Thirty-five Million Dollars ($35,000,000.00) for the purpose of replacement of structurally deficient bridges on the state's county roads. Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.

SECTION 6. Of the funds appropriated in Sections 1 and 2 of this act, the Office of State Aid Road Construction is authorized to reimburse Adams County in the amount of Five Hundred Thousand Dollars ($500,000.00) from unobligated State Aid Road funds allocated to Adams County for the 2004 - 2007 term of office of members of the board of supervisors to match federal aid funds of the Surface Transportation Program administered by the Mississippi Department of Transportation for the project known as Government Fleet Road Extension that is designated as the Intermodal Connector Route 83, Adams County, Mississippi.

SECTION 7. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi Senate and House of Representatives are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."

SECTION 8. It is the intention of the Legislature that the Office of State Aid Road Construction may accept, budget and expend funds not to exceed Three Hundred Thousand Dollars ($300,000.00) out of funds received from the Mississippi Development Authority as reimbursement for actual expenses incurred by the Office of State Aid Road Construction for administering and providing engineering services to political subdivisions as authorized under Section 65-4-15, Mississippi Code of 1972, subject to and in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. Any escalated funds shall be deposited into the Office of State Aid Roads Administrative Fund, a special fund hereby created in the State Treasury, for the fiscal year beginning July 1, 2007, and ending June 30, 2008.

SECTION 9. The office of State Aid Road Construction of the Mississippi Department of Transportation shall be exempt from any transfer of special funds into the State General Fund or the Budget Contingency Fund created in Section 27-103-301, that is directed or authorized by the Department of Finance and Administration or by the State Treasurer.

SECTION 10. In addition to all other sums herein appropriated, the following sum or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Office of State Aid Road Construction, for the purpose of hiring one new Full Time Permanent Contact Analyst for the period beginning upon passage of this act and ending on June 30, 2007...............$ 8,241.25.

SECTION 11. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

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, 2007, except for Section 10, which shall take effect and be in force from and after its passage.