MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Representatives Read, Eure, Barton, Beckett, Busby, Clarke, Haney
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES FOR THE FISCAL YEAR 2023.
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, 2022, and ending June 30, 2023...........................................
............................................ $ 1,257,684.00.
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, 2022, and ending June 30, 2023 $ 91,320,449.00.
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............ 87
Part Time............ 0
Time-Limited: Full Time............ 74
Part Time............ 0
Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Six Hundred Dollars ($600.00) per annum.
With the funds herein appropriated, it shall be the agency’s responsibility to make certain that funds required for “Personal Services” for Fiscal Year 2024 do not exceed Fiscal Year 2023 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2023 budget by the Mississippi Legislature. The Legislature shall determine the agency’s personal services appropriation, which shall be published by the State Personnel Board. Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees. It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2023 do not exceed the data provided by the Legislative Budget Office. If the agency’s Fiscal Year 2023 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board with the exception of new hires that are determined to be essential for the agency.
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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
Funds have been appropriated herein for the purpose of funding Project SEC2 minimum salaries for all employees covered under the Colonel Guy Groff/Neville Kenning Variable Compensation Plan. It shall be the agency’s responsibility to ensure that the funds are used to increase all employees’ salaries up to the minimum level as determined by the State Personnel Board.
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 2022. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2024 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 2023 budget request process.
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. 3345200000 to the Department of Marine Resources for the purpose of defraying the expenses of the tidelands projects for the fiscal year beginning July 1, 2022, and ending June 30, 2023.... $ 11,455,247.00.
Of the funds appropriated within this section, One Million Two Hundred Thousand Dollars ($1,200,000) shall be designated for bond repayment.
Department of Marine Resources Programs:
Total Public Access Projects $ 5,127,624.00
Total Management Projects $ 5,127,623.00
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, 2022. 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. It is the intention of the Legislature that the department 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 7. 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 8. It is the intention of the Legislature for the Department of Marine Resources and the Department of Environmental Quality to continue with any agency partnerships, including grant agreements, that provide environmental projects to restore Mississippi’s natural resources in the wake of the Deepwater Horizon Oil Spill.
SECTION 9. 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 10. Of the funds appropriated in Section 2, Forty Million Six Hundred Fifty-three Thousand One Hundred Seventy-eight Dollars ($40,653,178.00) is provided for the funding of the following Gulf of Mexico Energy Security Act (GOMESA) projects for FY 2023:
(a) To assist the University of Southern
Mississippi with the Ocean Enterprise
Project...................................... $ 4,390,075.00
(b) To assist the City of Biloxi with the
East Biloxi Boardwalk........................ $ 1,192,850.00
(c) To assist the City of Biloxi with the
East Biloxi Boardwalk sand re-nourishment..... $ 978,300.00
(d) To assist the Department of Marine
Resources with the Coffee Creek Outfall....... $ 1,979,408.00
(e) To assist the Department of Marine
Resources with the Coffee Creek water
Quality...................................... $ 102,241.00
(f) To assist the Department of Wildlife,
Fisheries and Parks with the Buccaneer
State Park................................... $ 1,919,748.00
(g) To assist the City of Biloxi with the
Bayview Avenue Boardwalk..................... $ 1,016,944.00
(h) To assist the City of Bay St. Louis with
the Ward 6 Boat Launch, Public Water Access
and Restroom Facility........................ $ 271,951.00
(i) To assist the Department of Marine
Resources with the Infinity Science Center.... $ 465,651.00
(j) To assist Mississippi State University
with the IMMS Evaluation Study................ $ 422,238.00
(k) To assist Jackson County Board of
Supervisors with the Front Beach Erosion
Control...................................... $ 1,114,506.00
(l) To assist the University of Southern
Mississippi with the Aquaculture Depth
Control Unit................................. $ 2,744.00
(m) To assist the Department of Marine
Resources with GOMESA project management,
development and mitigation................... $ 138,055.00
(n) To assist the Department of Marine
Resources with an oyster plant................ $ 2,000,000.00
(o) To assist the Department of Marine
Resources with the Shellfish Water
Quality Testing............................... $ 3,637.00
(p) To assist the Department of Marine
Resources with artificial reef Construction... $ 752,794.00
(q) To assist the Department of Marine
Resources with the oyster clutch................ $ 3,475.00
(r) To assist the Department of Environmental
Quality with water quality................... $ 990,185.00
(s) To assist Hancock County with Water
Sewer Force Crossing......................... $ 206,940.00
(t) To assist the Department of Marine
Resources with Bonnet Carre Response.......... $ 200,666.00
(u) To assist Jackson County with a Watershed
Development Plan............................. $ 450,000.00
(v) To assist the City of Diamondhead with
Marsh Erosion Prevention..................... $ 495,000.00
(w) To assist the City of Diamondhead with
Sewer Improvements........................... $ 831,600.00
(x) To assist the City of Pass Christian with
Sanitary Sewer Pump Station Repairs........... $ 967,575.00
(y) To assist Hancock County with Atlantic
Street Sewer Improvements.................... $ 2,721,150.00
(z) To assist the City of Long Beach with
Small Craft Harbor SE Bulkhead Improvements... $ 2,188,000.00
(aa) To assist the Kiln Utility District with
the Jordan River Shores Sewer Force Main
Relocation................................... $ 410,000.00
(bb) To assist the City of Biloxi with
the Point Cadet Living Shoreline.............. $ 800,000.00
(cc) To assist the Department of Marine
Resources for Oyster Restoration and
Enhancement.................................. $ 675.00
(dd) To assist the Department of Marine
Resources with MS Reef Fish Monitoring and
Assessment................................... $ 112,031.00
(ee) To assist Hancock County Utility
Authority with Oak Harbor Sewer Improvements.. $ 2,811,548.00
(ff) To assist Hancock County Port and Harbor
Commission with Port Bienville Conservation
Management................................... $ 510,200.00
(gg) To assist the City of Gautier with Water
Quality and Infrastructure Sanitary Sewer..... $ 2,573,466.00
(hh) To assist the City of Pascagoula with
Buena Vista Area Drainage.................... $ 915,000.00
(ii) To assist the City of Pass Christian with
Gravity Sewer System Improvements Phase I..... $ 1,744,319.00
(jj) To assist the City of Pascagoula with
Point Park Pier Repair/Improvements........... $ 510,000.00
(kk) To assist the Department of Marine
Resources with the Railroad Corner Beneficial
Use Site..................................... $ 236,860.00
(ll) To assist the University of Southern
Mississippi with Collection of Fishery-Dependent
information on Blue Crabs.................... $ 244,223.00
(mm) To assist the National Oceans and
Applications Research Center with the Cat
Island Baseline Inventory of Seagrass Habitat.. $ 480,744.00
(nn) To assist the National Oceans and
Applications Research Center with the Inventory
Of Wetlands Habitats.......................... $ 779,442.00
(oo) To assist the National Oceans and
Applications Research Center with the Pelican
Key Baseline Hydrographic Survey............... $ 244,334.00
(pp) To assist Mississippi State University
with the Evaluation and Monitoring of Marine
Mammal and Sea Turtles after Bonnet Carre
Spillway Opening............................ $ 2,474,573.00
SECTION 11. It is the intent of the Legislature that the Department of Marine Resources shall have the authority to expend funds in an amount not to exceed Seventeen Million Dollars ($17,000,000.00) from funds for the Gulf of Mexico Energy Security Act (GOMESA) that may become available to the agency in fiscal year 2023 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 12. 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 13. 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.
With the funds appropriated herein, the Department of Marine Resources is authorized to make payment for expenses incurred during Fiscal Year 2020 and Fiscal Year 2021 as follows:
Vendor Fiscal Year Amount
University of Southern Mississippi 2020 $ 795.66
University of Southern Mississippi 2020 $ 12,658.83
University of Southern Mississippi 2020 $ 14,507.00
City of Bay St. Louis 2021 $ 1,041.25
City of Bay St. Louis 2020 $ 1,492.50
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, 2022, and shall stand repealed June 30, 2022.