Mississippi 2025 Regular Session

Mississippi House Bill HB1771 Compare Versions

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Version 2 (New)

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1		-	MISSISSIPPI LEGISLATURE 2025 Regular Session To: Appropriations E; Appropriations A By: Representatives Oliver, Read, Arnold, Boyd (19th), Hines, Mangold, Massengill, Roberson, Scoggin House Bill 1771 ~~(As Passed the House)~~ AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, FOR THE FISCAL YEAR 2026; AND FOR RELATED PURPOSES. 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 Treasury to the credit of the Department of Transportation, for the purpose of defraying the administrative expenses of the Mississippi Department of Transportation for the fiscal year beginning July 1, 2025, and ending June 30, 2026.................................................. ............................................ $ 1,429,085,656.00. SECTION 2. The following offices are supported by the funds appropriated in Section 1: The Office of Administrative Services, the Office of Highways and the Office of Aeronautics and Rails. Of the funds appropriated under the provisions of Section 1, the following positions are authorized: AUTHORIZED HEADCOUNT: Permanent: 2,698 Time-Limited: 0 With the funds herein appropriated, it shall be the agencys responsibility to make certain that funds required for Personal Services for Fiscal Year 2027 do not exceed Fiscal Year 2026 funds appropriated for that purpose unless programs or positions are added to the agencys Fiscal Year 2026 budget by the Mississippi Legislature. The Legislature shall determine the agencys personal services appropriation, which the State Personnel Board shall publish. The agencys personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2026 that may be utilized to fill vacant Fiscal Year 2025 headcount. It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees. It is the Legislatures intention that no employee salary falls below the minimum salary established by the Mississippi 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 2026 do not exceed the data provided by the Legislative Budget Office. If the agencys Fiscal Year 2026 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires 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 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 the Internal Revenue Services Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor. SECTION 3. Of the funds appropriated to the Mississippi Department of Transportation under the provisions of Section 1, 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......... $ 62,779,875.00 Construction............................. $ 986,071,483.00 Maintenance............................. $ 265,034,376.00 Debt Service............................. $ 78,949,147.00 Aeronautics, Rails and other.............. $ 36,230,775.00 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 2025. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2027 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 2026 budget request process. SECTION 5. Of the funds appropriated in Section 1, it is the intention of the Legislature that Six Hundred Fifty Thousand Dollars ($650,000.00) shall be transferred to the Department of Agriculture and Commerce for the Beaver Control or Eradication Program during the Fiscal Year 2026. SECTION 6. Of the funds appropriated in Section 1 and authorized for expenditure in Section 3, Five Million Dollars ($5,000,000.00) shall be transferred by the Mississippi Department of Transportation to the Department of Public Safety Office of Commercial Transportation Enforcement Division for the operations of the Division consistent with Section 77-7-330, Mississippi Code of 1972. SECTION 7. 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 8. 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 9. It is the intention of the Legislature that of the sum appropriated in Section 1, the Department is authorized to provide a protective footwear allowance of not more than Two Hundred Dollars ($200.00) per person annually for Engineers, Maintenance, and Construction Workers as part of their safety equipment. SECTION 10. Of the funds appropriated to the Mississippi Department of Transportation, Four Hundred Fifty Thousand Dollars ($450,000.00) shall be used for the Statewide Litter Prevention Program. SECTION 11. Of the funds appropriated in Section 1, not less than Eighty Million Dollars ($80,000,000.00) shall be expended for contracted maintenance overlay and pavement rehabilitation. SECTION 12. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to transfer between the various programs in an amount not to exceed ten percent (10%) of the amount allocated 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 13. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to expend an amount not to exceed Thirty Million Dollars ($30,000,000.00) received from other public or private entities as reimbursements for payments made on federal projects. SECTION 14. With the funds appropriated in this act, the Mississippi Department of Transportation shall notify members of the Mississippi Senate and House of Representatives upon the award of projects within their respective districts and at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement of 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." Further, the signage shall state the four-year legislative term in which the project was funded. SECTION 15. 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 16. The Mississippi Department of Transportation is authorized to dispose of or transfer used cell phones that are obsolete or inoperable to cell phone recycling programs dedicated to providing free phone access to United States military personnel. SECTION 17. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below: FY2026 Performance Measures Target Maintenance Number of Acres Mowed (First & Subsequent) 290,000 Percent Increase of Acreage Mowed 0.66 Slow the Expected Increases of Total Fatalities According to a 5 Year Rolling Average (697 or Less) 763.00 Percent Decrease in State-Maintained Lane Miles Needing Repair or Rehabilitation 3.50 Percent of Pavement Needs Met Annually 0.12 Percent of 4 Lane Highway Lane-Miles with an Acceptable Pavement Condition Rating 78.00 Percent of Interstate Lane-Miles with an Acceptable Pavement Condition Rating 73.00 Percent of 2 Lane Highway Lane-Miles with an Acceptable Pavement Condition Rating 70.00 Cost per Mile to Maintain State Highways 26,499.00 Number of Bridges in Poor Condition 170 Number of Bridges with Timber Components 105 Construction Percent of Miles of State Maintained Highways that Meet MDOT Thresholds for Congestion 2.24 Number of Lane Miles of State Maintained Highways Requiring Additional Capacity 628.18 Cost per Mile to Construct State Highways 24,310,000.00 Administration & Other Administration as a Percent of Total Budget 3.90 GO-MDOT-Total Number of Page Views 1,000,000 Percent Increase in Utilization of MDOTTRAFFIC.com Website 3.00 Bonded Debt Service MDOT's Share of Annual Debt Service will Not Exceed 3.75% of Annual Budget 0.99 Aeronautics & Rails Number of Airports Inspected 69 Number of Grade Crossings Inspected 2,100 A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2027. SECTION 18. The Mississippi Department of Transportation is authorized to accept and expend any grant, donation, or contribution from any individual, public, or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds not to exceed One Hundred Twenty-five Million Dollars ($125,000,000.00). SECTION 19. With the funds appropriated herein, the Mississippi Department of Transportation is authorized to make payments for expenses incurred during prior fiscal years for an amount not to exceed Two Hundred Ten Thousand One Hundred Thirteen Dollars and Ten Cents ($210,113.10). SECTION 20. In addition to all other funds appropriated herein, the following sums, or so much thereof as may be necessary is appropriated out of the following funds in the State Treasury to the credit of the Department of Transportation for the fiscal year beginning July 1, 2025, and ending June 30, 2026: (a) 2022 Capacity Project Fund for the purposes provided in Section 65-1-141.2, Mississippi Code of 1972............................ ............................................ $ 250,000,000.00. (b) 2022 Emergency Road and Bridge Fund for the purposes provided in Section 65-1-179.1, Mississippi Code of 1972................. ............................................ $ 60,000,000.00. (c) Strategic Multi-Modal Investments Fund for the purposes provided in Section 65-1-901, Mississippi Code of 1972........... ............................................. $ 15,000,000.00 (d) 2023 Lafayette County Infrastructure Improvement Funds for the purposes provided in Section 65-1-187, Mississippi Code of 1972. $ 100,000,000.00 SECTION 21. It is the intent of the Legislature that the funds appropriated in Section 20 subsection (b) of this act shall be expended on the projects included in the 2022 ERBR Solicitation. SECTION 22. It is the intention of the Legislature that the Mississippi Department of Transportation shall expend such funds appropriated in Section 20 subsection (a) and (b) 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 23. Of the funds appropriated in Section 2, Three-Hundred Thousand Dollars ($300,000.00), or so much thereof as may be necessary, shall be derived out of any money in the State Treasury to the credit of the Project Poppy Fund, as created in Section 57-1-631, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. These funds are provided for expediting services needed for Project Poppy. 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, 2025.
	1	+	MISSISSIPPI LEGISLATURE 2025 Regular Session To: Appropriations E; Appropriations A By: Representatives Oliver, Read, Arnold, Boyd (19th), Hines, Mangold, Massengill, Roberson, Scoggin House Bill 1771 AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, FOR THE FISCAL YEAR 2026; AND FOR RELATED PURPOSES. 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 Treasury to the credit of the Department of Transportation, for the purpose of defraying the administrative expenses of the Mississippi Department of Transportation for the fiscal year beginning July 1, 2025, and ending June 30, 2026.................................................. ............................................ $ 1,429,085,656.00. SECTION 2. The following offices are supported by the funds appropriated in Section 1: The Office of Administrative Services, the Office of Highways and the Office of Aeronautics and Rails. Of the funds appropriated under the provisions of Section 1, the following positions are authorized: AUTHORIZED HEADCOUNT: Permanent: 2,698 Time-Limited: 0 With the funds herein appropriated, it shall be the agencys responsibility to make certain that funds required for Personal Services for Fiscal Year 2027 do not exceed Fiscal Year 2026 funds appropriated for that purpose unless programs or positions are added to the agencys Fiscal Year 2026 budget by the Mississippi Legislature. The Legislature shall determine the agencys personal services appropriation, which the State Personnel Board shall publish. The agencys personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2026 that may be utilized to fill vacant Fiscal Year 2025 headcount. It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees. It is the Legislatures intention that no employee salary falls below the minimum salary established by the Mississippi 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 2026 do not exceed the data provided by the Legislative Budget Office. If the agencys Fiscal Year 2026 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires 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 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 the Internal Revenue Services Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor. SECTION 3. Of the funds appropriated to the Mississippi Department of Transportation under the provisions of Section 1, 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......... $ 62,779,875.00 Construction............................. $ 986,071,483.00 Maintenance............................. $ 265,034,376.00 Debt Service............................. $ 78,949,147.00 Aeronautics, Rails and other.............. $ 36,230,775.00 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 2025. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2027 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 2026 budget request process. SECTION 5. Of the funds appropriated in Section 1, it is the intention of the Legislature that Six Hundred Fifty Thousand Dollars ($650,000.00) shall be transferred to the Department of Agriculture and Commerce for the Beaver Control or Eradication Program during the Fiscal Year 2026. SECTION 6. Of the funds appropriated in Section 1 and authorized for expenditure in Section 3, Five Million Dollars ($5,000,000.00) shall be transferred by the Mississippi Department of Transportation to the Department of Public Safety Office of Commercial Transportation Enforcement Division for the operations of the Division consistent with Section 77-7-330, Mississippi Code of 1972. SECTION 7. 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 8. 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 9. It is the intention of the Legislature that of the sum appropriated in Section 1, the Department is authorized to provide a protective footwear allowance of not more than Two Hundred Dollars ($200.00) per person annually for Engineers, Maintenance, and Construction Workers as part of their safety equipment. SECTION 10. Of the funds appropriated to the Mississippi Department of Transportation, Four Hundred Fifty Thousand Dollars ($450,000.00) shall be used for the Statewide Litter Prevention Program. SECTION 11. Of the funds appropriated in Section 1, not less than Eighty Million Dollars ($80,000,000.00) shall be expended for contracted maintenance overlay and pavement rehabilitation. SECTION 12. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to transfer between the various programs in an amount not to exceed ten percent (10%) of the amount allocated 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 13. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to expend an amount not to exceed Thirty Million Dollars ($30,000,000.00) received from other public or private entities as reimbursements for payments made on federal projects. SECTION 14. With the funds appropriated in this act, the Mississippi Department of Transportation shall notify members of the Mississippi Senate and House of Representatives upon the award of projects within their respective districts and at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement of 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." Further, the signage shall state the four-year legislative term in which the project was funded. SECTION 15. 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 16. The Mississippi Department of Transportation is authorized to dispose of or transfer used cell phones that are obsolete or inoperable to cell phone recycling programs dedicated to providing free phone access to United States military personnel. SECTION 17. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below: FY2026 Performance Measures Target Maintenance Number of Acres Mowed (First & Subsequent) 290,000 Percent Increase of Acreage Mowed 0.66 Slow the Expected Increases of Total Fatalities According to a 5 Year Rolling Average (697 or Less) 763.00 Percent Decrease in State-Maintained Lane Miles Needing Repair or Rehabilitation 3.50 Percent of Pavement Needs Met Annually 0.12 Percent of 4 Lane Highway Lane-Miles with an Acceptable Pavement Condition Rating 78.00 Percent of Interstate Lane-Miles with an Acceptable Pavement Condition Rating 73.00 Percent of 2 Lane Highway Lane-Miles with an Acceptable Pavement Condition Rating 70.00 Cost per Mile to Maintain State Highways 26,499.00 Number of Bridges in Poor Condition 170 Number of Bridges with Timber Components 105 Construction Percent of Miles of State Maintained Highways that Meet MDOT Thresholds for Congestion 2.24 Number of Lane Miles of State Maintained Highways Requiring Additional Capacity 628.18 Cost per Mile to Construct State Highways 24,310,000.00 Administration & Other Administration as a Percent of Total Budget 3.90 GO-MDOT-Total Number of Page Views 1,000,000 Percent Increase in Utilization of MDOTTRAFFIC.com Website 3.00 Bonded Debt Service MDOT's Share of Annual Debt Service will Not Exceed 3.75% of Annual Budget 0.99 Aeronautics & Rails Number of Airports Inspected 69 Number of Grade Crossings Inspected 2,100 A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2027. SECTION 18. The Mississippi Department of Transportation is authorized to accept and expend any grant, donation, or contribution from any individual, public, or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds not to exceed One Hundred Twenty-five Million Dollars ($125,000,000.00). SECTION 19. With the funds appropriated herein, the Mississippi Department of Transportation is authorized to make payments for expenses incurred during prior fiscal years for an amount not to exceed Two Hundred Ten Thousand One Hundred Thirteen Dollars and Ten Cents ($210,113.10). SECTION 20. In addition to all other funds appropriated herein, the following sums, or so much thereof as may be necessary is appropriated out of the following funds in the State Treasury to the credit of the Department of Transportation for the fiscal year beginning July 1, 2025, and ending June 30, 2026: (a) 2022 Capacity Project Fund for the purposes provided in Section 65-1-141.2, Mississippi Code of 1972............................ ............................................ $ 250,000,000.00. (b) 2022 Emergency Road and Bridge Fund for the purposes provided in Section 65-1-179.1, Mississippi Code of 1972................. ............................................ $ 60,000,000.00. (c) Strategic Multi-Modal Investments Fund for the purposes provided in Section 65-1-901, Mississippi Code of 1972........... ............................................. $ 15,000,000.00 (d) 2023 Lafayette County Infrastructure Improvement Funds for the purposes provided in Section 65-1-187, Mississippi Code of 1972. $ 100,000,000.00 SECTION 21. It is the intent of the Legislature that the funds appropriated in Section 20 subsection (b) of this act shall be expended on the projects included in the 2022 ERBR Solicitation. SECTION 22. It is the intention of the Legislature that the Mississippi Department of Transportation shall expend such funds appropriated in Section 20 subsection (a) and (b) 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 23. Of the funds appropriated in Section 2, Three-Hundred Thousand Dollars ($300,000.00), or so much thereof as may be necessary, shall be derived out of any money in the State Treasury to the credit of the Project Poppy Fund, as created in Section 57-1-631, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. These funds are provided for expediting services needed for Project Poppy. 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, 2025.
2	2
3	3		MISSISSIPPI LEGISLATURE
4	4
5	5		2025 Regular Session
6	6
7	7		To: Appropriations E; Appropriations A
8	8
9	9		By: Representatives Oliver, Read, Arnold, Boyd (19th), Hines, Mangold, Massengill, Roberson, Scoggin
10	10
11	11		# House Bill 1771
12		-
13		-	## (As Passed the House)
14	12
15	13		AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, FOR THE FISCAL YEAR 2026; AND FOR RELATED PURPOSES.
16	14
17	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
18	16
19	17		SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Department of Transportation, for the purpose of defraying the administrative expenses of the Mississippi Department of Transportation for the fiscal year beginning July 1, 2025, and ending June 30, 2026..................................................
20	18
21	19		............................................ $ 1,429,085,656.00.
22	20
23	21		SECTION 2. The following offices are supported by the funds appropriated in Section 1: The Office of Administrative Services, the Office of Highways and the Office of Aeronautics and Rails. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:
24	22
25	23		AUTHORIZED HEADCOUNT:
26	24
27	25		Permanent: 2,698
28	26
29	27		Time-Limited: 0
30	28
31	29		With the funds herein appropriated, it shall be the agencys responsibility to make certain that funds required for Personal Services for Fiscal Year 2027 do not exceed Fiscal Year 2026 funds appropriated for that purpose unless programs or positions are added to the agencys Fiscal Year 2026 budget by the Mississippi Legislature. The Legislature shall determine the agencys personal services appropriation, which the State Personnel Board shall publish. The agencys personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2026 that may be utilized to fill vacant Fiscal Year 2025 headcount. It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees. It is the Legislatures intention that no employee salary falls below the minimum salary established by the Mississippi State Personnel Board.
32	30
33	31		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 2026 do not exceed the data provided by the Legislative Budget Office. If the agencys Fiscal Year 2026 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires determined to be essential for the agency.
34	32
35	33		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.
36	34
37	35		No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
38	36
39	37		None of the funds herein appropriated shall be used in violation of the Internal Revenue Services Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
40	38
41	39		SECTION 3. Of the funds appropriated to the Mississippi Department of Transportation under the provisions of Section 1, the following amounts shall be available for expenditure in the program budgets as required by Section 27-103-127, Mississippi Code of 1972:
42	40
43	41		Administration and Other Expenses......... $ 62,779,875.00
44	42
45	43		Construction............................. $ 986,071,483.00
46	44
47	45		Maintenance............................. $ 265,034,376.00
48	46
49	47		Debt Service............................. $ 78,949,147.00
50	48
51	49		Aeronautics, Rails and other.............. $ 36,230,775.00
52	50
53	51		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 2025. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2027 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 2026 budget request process.
54	52
55	53		SECTION 5. Of the funds appropriated in Section 1, it is the intention of the Legislature that Six Hundred Fifty Thousand Dollars ($650,000.00) shall be transferred to the Department of Agriculture and Commerce for the Beaver Control or Eradication Program during the Fiscal Year 2026.
56	54
57	55		SECTION 6. Of the funds appropriated in Section 1 and authorized for expenditure in Section 3, Five Million Dollars ($5,000,000.00) shall be transferred by the Mississippi Department of Transportation to the Department of Public Safety Office of Commercial Transportation Enforcement Division for the operations of the Division consistent with Section 77-7-330, Mississippi Code of 1972.
58	56
59	57		SECTION 7. 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:
60	58
61	59		(a) Establish a reasonable cost estimate for each project. For purposes of this provision, projects include preliminary engineering, right-of-way acquisition and construction;
62	60
63	61		(b) Capture and retain the initial project cost estimates for comparison with final actual expenditures;
64	62
65	63		(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;
66	64
67	65		(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.
68	66
69	67		SECTION 8. 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:
70	68
71	69		(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;
72	70
73	71		(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.
74	72
75	73		SECTION 9. It is the intention of the Legislature that of the sum appropriated in Section 1, the Department is authorized to provide a protective footwear allowance of not more than Two Hundred Dollars ($200.00) per person annually for Engineers, Maintenance, and Construction Workers as part of their safety equipment.
76	74
77	75		SECTION 10. Of the funds appropriated to the Mississippi Department of Transportation, Four Hundred Fifty Thousand Dollars ($450,000.00) shall be used for the Statewide Litter Prevention Program.
78	76
79	77		SECTION 11. Of the funds appropriated in Section 1, not less than Eighty Million Dollars ($80,000,000.00) shall be expended for contracted maintenance overlay and pavement rehabilitation.
80	78
81	79		SECTION 12. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to transfer between the various programs in an amount not to exceed ten percent (10%) of the amount allocated in Section 3, except that no transfers shall be authorized which increase the "Administrative and Other Expenses" Program or which decrease the "Maintenance" Program.
82	80
83	81		SECTION 13. It is the intention of the Legislature that the Mississippi Department of Transportation is authorized to expend an amount not to exceed Thirty Million Dollars ($30,000,000.00) received from other public or private entities as reimbursements for payments made on federal projects.
84	82
85	83		SECTION 14. With the funds appropriated in this act, the Mississippi Department of Transportation shall notify members of the Mississippi Senate and House of Representatives upon the award of projects within their respective districts and at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement of 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." Further, the signage shall state the four-year legislative term in which the project was funded.
86	84
87	85		SECTION 15. 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.
88	86
89	87		SECTION 16. The Mississippi Department of Transportation is authorized to dispose of or transfer used cell phones that are obsolete or inoperable to cell phone recycling programs dedicated to providing free phone access to United States military personnel.
90	88
91	89		SECTION 17. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
92	90
93	91		FY2026
94	92
95	93		Performance Measures Target
96	94
97	95		Maintenance
98	96
99	97		Number of Acres Mowed (First & Subsequent) 290,000
100	98
101	99		Percent Increase of Acreage Mowed 0.66
102	100
103	101		Slow the Expected Increases of Total
104	102
105	103		Fatalities According to a 5 Year Rolling
106	104
107	105		Average (697 or Less) 763.00
108	106
109	107		Percent Decrease in State-Maintained
110	108
111	109		Lane Miles Needing Repair or
112	110
113	111		Rehabilitation 3.50
114	112
115	113		Percent of Pavement Needs Met Annually 0.12
116	114
117	115		Percent of 4 Lane Highway Lane-Miles
118	116
119	117		with an Acceptable Pavement Condition
120	118
121	119		Rating 78.00
122	120
123	121		Percent of Interstate Lane-Miles with an
124	122
125	123		Acceptable Pavement Condition Rating 73.00
126	124
127	125		Percent of 2 Lane Highway Lane-Miles
128	126
129	127		with an Acceptable Pavement Condition
130	128
131	129		Rating 70.00
132	130
133	131		Cost per Mile to Maintain State Highways 26,499.00
134	132
135	133		Number of Bridges in Poor Condition 170
136	134
137	135		Number of Bridges with Timber Components 105
138	136
139	137		Construction
140	138
141	139		Percent of Miles of State Maintained
142	140
143	141		Highways that Meet MDOT Thresholds for
144	142
145	143		Congestion 2.24
146	144
147	145		Number of Lane Miles of State Maintained
148	146
149	147		Highways Requiring Additional Capacity 628.18
150	148
151	149		Cost per Mile to Construct State Highways 24,310,000.00
152	150
153	151		Administration & Other
154	152
155	153		Administration as a Percent of Total Budget 3.90
156	154
157	155		GO-MDOT-Total Number of Page Views 1,000,000
158	156
159	157		Percent Increase in Utilization of
160	158
161	159		MDOTTRAFFIC.com Website 3.00
162	160
163	161		Bonded Debt Service
164	162
165	163		MDOT's Share of Annual Debt Service will
166	164
167	165		Not Exceed 3.75% of Annual Budget 0.99
168	166
169	167		Aeronautics & Rails
170	168
171	169		Number of Airports Inspected 69
172	170
173	171		Number of Grade Crossings Inspected 2,100
174	172
175	173		A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2027.
176	174
177	175		SECTION 18. The Mississippi Department of Transportation is authorized to accept and expend any grant, donation, or contribution from any individual, public, or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds not to exceed One Hundred Twenty-five Million Dollars ($125,000,000.00).
178	176
179	177		SECTION 19. With the funds appropriated herein, the Mississippi Department of Transportation is authorized to make payments for expenses incurred during prior fiscal years for an amount not to exceed Two Hundred Ten Thousand One Hundred Thirteen Dollars and Ten Cents ($210,113.10).
180	178
181	179		SECTION 20. In addition to all other funds appropriated herein, the following sums, or so much thereof as may be necessary is appropriated out of the following funds in the State Treasury to the credit of the Department of Transportation for the fiscal year beginning July 1, 2025, and ending June 30, 2026:
182	180
183	181		(a) 2022 Capacity Project Fund for the purposes provided in Section 65-1-141.2, Mississippi Code of 1972............................
184	182
185	183		............................................ $ 250,000,000.00.
186	184
187	185		(b) 2022 Emergency Road and Bridge Fund for the purposes provided in Section 65-1-179.1, Mississippi Code of 1972.................
188	186
189	187		............................................ $ 60,000,000.00.
190	188
191	189		(c) Strategic Multi-Modal Investments Fund for the purposes provided in Section 65-1-901, Mississippi Code of 1972...........
192	190
193	191		............................................. $ 15,000,000.00
194	192
195	193		(d) 2023 Lafayette County Infrastructure Improvement Funds for the purposes provided in Section 65-1-187, Mississippi Code of 1972. $ 100,000,000.00
196	194
197	195		SECTION 21. It is the intent of the Legislature that the funds appropriated in Section 20 subsection (b) of this act shall be expended on the projects included in the 2022 ERBR Solicitation.
198	196
199	197		SECTION 22. It is the intention of the Legislature that the Mississippi Department of Transportation shall expend such funds appropriated in Section 20 subsection (a) and (b) 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:
200	198
201	199		(a) Establish a reasonable cost estimate for each project. For purposes of this provision, projects include preliminary engineering, right-of-way acquisition and construction;
202	200
203	201		(b) Capture and retain the initial project cost estimates for comparison with final actual expenditures;
204	202
205	203		(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;
206	204
207	205		(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.
208	206
209	207		SECTION 23. Of the funds appropriated in Section 2, Three-Hundred Thousand Dollars ($300,000.00), or so much thereof as may be necessary, shall be derived out of any money in the State Treasury to the credit of the Project Poppy Fund, as created in Section 57-1-631, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. These funds are provided for expediting services needed for Project Poppy.
210	208
211	209		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.
212	210
213	211		SECTION 25. This act shall take effect and be in force from and after July 1, 2025.