MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Appropriations
By: Representatives Frierson, Eure, Bennett, DeLano, Read, Ladner
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES FOR THE FISCAL YEAR 2015.
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 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, 2014, and ending June 30, 2015..................................................
............................................ $ 1,126,856.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is 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, 2014, and ending June 30, 2015 $ 9,607,921.00.
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 this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 100
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 Six Hundred Dollars ($600.00) per annum.
Funds are provided herein for a One Thousand Dollar ($1,000.00) salary increase for full-time employees, or pro-rated for part-time employees, which shall be awarded to each employee that has not received a salary increase since July 1, 2010, and that is making an annual salary of less than Thirty Thousand Dollars ($30,000.00) as of June 30, 2014.
The State Personnel Board shall not approve or process personnel action for any employee unless the employee has not received a salary increase since July 1, 2010, and for such an employee the increased amount shall not exceed Five Percent (5%); however, the following conditions are to be exempted: the award of teacher salary increments; 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 a Certified Public Accountant License or higher level professional certification; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY 2015 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board or any other requested action of the agency that has been specifically authorized by the Legislature.
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 2014. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2016 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 2015 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 an amount not to exceed One Million Dollars ($1,000,000.00), 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, 2014, and ending June 30, 2015 $ 9,787,443.00.
With the funds appropriated in this section, the following projects are authorized:
PROJECT NO. PROJECT ACCESS PROJECTS AMOUNT
Harrison County:
FY15 P07A Repairs & Improvements to James Hill
Park Bayou
-City of Gulfport................. $ 250,000.00
FY15 P25A West Biloxi Boat Launch
-Harrison County Board of
Supervisors....................... $ 200,000.00
FY15 P01A Biloxi Lighthouse Parking & Pier
Improvements
-City of Biloxi .................. $ 100,000.00
FY15 P03A Sherman Canaan Fishing Dock Dredging
-City of Biloxi .................. $ 190,000.00
FY15 P31A Biloxi River Boat Launch
-Harrison County Board of
Supervisors .................... $ 150,000.00
FY15 P14A 2015 Harbor Improvements
-City of Long Beach .............. $ 300,000.00
FY15 P23A FY15 Harbor Improvements - Supplemental-
Excursion Pier
-Harrison County Board of Supervisors/
Long Beach Port Commission ..... $ 210,000.00
FY15 P15A FY2015 Harbor Improvements
-City of Pass Christian .......... $ 200,000.00
FY15 P06A D'Iberville Working Waterfront Harbour
-City of D'Iberville ............. $ 200,000.00
FY15 P24A Improvements on Beach at Cowan Rd in
Gulfport and Beauvoir Rd in Biloxi
-Harrison County Board of
Supervisors .................... $ 125,000.00
FY15 P35A Phase One-Rebuild of Interior of Museum
-Maritime & Seafood Interior of
Museum ......................... $ 150,000.00
Jackson County:
FY15 P10A Point Park Development Phase III
-City of Pascagoula .............. $ 250,000.00
FY15 P47A Reconfiguration of USM- GCRL Boat Basin
-USM ............................. $ 224,640.00
FY15 P05A O.S. Old Fort Bayou Greenway - Phase I
-City of Ocean Springs ........... $ 200,000.00
FY15 P21A Lake Mars Boat Launch Improvements
-Jackson County Board of
Supervisors .................... $ 129,500.00
FY15 P46A Shepard State Park Improvements
-City of Gautier ................. $ 250,000.00
FY15 P09A Pelican Landing Waterfront Improvements
-City of Moss Point .............. $ 145,000.00
FY15 P08A City Park Community Center Phase III
-City of Gautier ................. $ 70,000.00
N/A N/A Washington Ave, Ft. Bayou Bridge,
Boat Launch ...................... $ 230,000.00
Hancock County:
FY15 P40A Marina Observation Deck and Boardwalk
-Diamondhead Property Owners
Association .................... $ 150,000.00
FY15 P16A Public Beach Access & Pedestrian Walkways
with Amenities
-City of Bay St. Louis ........... $ 250,000.00
FY15 P32A McLeod Park Improvements
-Hancock County Board of
Supervisors .................... $ 350,000.00
FY15 P17A Splash Pad Interactive Play
-City of Waveland ................ $ 160,000.00
FY15 P18A Open-Air Pavilion with Lights
-City of Waveland ................ $ 90,000.00
FY15 P34A Curtis Johnson Boat Launch Improvements
-Hancock County Board of
Supervisors .................... $ 50,000.00
Deer Island Access Peers (2) .................... $ 500,000.00
HWY #90 Pedestrian Overpass ..................... $ 100,000.00
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Total Public Access Projects .................... $ 5,224,140.00
Total Management Projects ....................... $ 3,713,303.00
Bond Repayment .................................. $ 850,000.00
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Total Tidelands Funds: .......................... $ 9,787,443.00
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, 2015. 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. 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 8. It is the intention of the Legislature that the Department of Marine Resources has the authorization to move tidelands funds between approved projects upon request from entity and proper completion of Form TTF-6 documentation.
SECTION 9. It is the intention of the Legislature that the Secretary of State's Office shall not reserve more than five percent (5%) of the total tidelands funds collected for administrative purposes. Said five percent (5%) cap shall be exclusive of any costs of litigation related to the tidelands that may be incurred by the Secretary of State.
SECTION 10. 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 11. It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane, cable and phone services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state furnished housing shall include single-family and multi-family residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited.
SECTION 12. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
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, 2014.