Appropriation; Transportation, Department of - State Aid Road Construction, Office of.

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To: Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hopson, DeBar, Thompson,
Jackson, McLendon, Seymour, Williams

SENATE BILL NO. 3076
(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND 1
MAINTENANCE OF THE OFFICE OF STATE AID ROAD CONSTRUCTION OF THE 2
MISSISSIPPI DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2027. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. The following sum, or so much thereof as may be 5
necessary, is appropriated out of any money in the State Treasury 6
to the credit of the Office of State Aid Road Construction Fund, 7
for the purpose of defraying the expenses of the Office of State 8
Aid Road Construction of the Mississippi Department of 9
Transportation for the fiscal year beginning July 1, 2026, and 10
ending June 30, 2027........................... $ 367,332,280.00. 11
SECTION 2. Of the funds appropriated under the provisions of 12
this act, not more than the following amount of funds, with the 13
exception of the provisions in this section, shall be expended 14
only for "Personal Services," which includes "Vacancy Funding," 15
for the following authorized number of employment headcount: 16
FUNDING: 17
General Funds: $ 0.00 18
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Special Funds: $ 5,329,772.00 19
Total Funds: $ 5,329,772.00 20
PERSONAL SERVICES: 21
Employee Salaries, Wages and 22
Fringe Benefits: $ 4,883,026.00 23
Progressions: $ 0.00 24
Vacancy Funding: $ 446,746.00 25
Total Personal Services: $ 5,329,772.00 26
AUTHORIZED HEADCOUNT: 27
Permanent: 54 28
Time-Limited: 0 29
As used in this section, the term "Personal Services" shall 30
mean funds provided under the major object of expenditure category 31
Personal Services for Salaries, Wages, and Fringe Benefits. Funds 32
in this category shall not be transferred to any other category. 33
It is the intention of the Legislature to ensure compliance 34
with the Variable Compensation Plan, as outlined in Section 35
25-9-147, Mississippi Code of 1972. Payment from these funds 36
shall be in accordance with the Variable Compensation Plan 37
promulgated by the Mississippi State Personnel Board. It is the 38
Legislature's intention that no employee's salary falls below the 39
minimum salary established by the Mississippi State Personnel 40
Board. 41
The State Personnel Board shall determine and publish the 42
projected annual cost of "Personal Services" based on monthly and 43
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year-to-date payroll expenditures in compliance with the 44
provisions of this act. 45
With the funds herein appropriated, it shall be the agency's 46
responsibility to ensure that no single personnel action or 47
combination of personnel actions, when annualized, exceeds the 48
Fiscal Year 2027 appropriation for "Personal Services" with the 49
exception of escalated funds. Further, it shall be the agency's 50
responsibility to ensure that funds required to be appropriated 51
for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal 52
Year 2027 funds appropriated for that purpose unless programs or 53
positions are added to the agency's Fiscal Year 2027 budget by the 54
Mississippi Legislature. 55
If, at the time the agency takes any action to change 56
"Personal Services," the State Personnel Board determines that the 57
agency has taken or will take an action that would cause the 58
agency to exceed the funds appropriated in this act when 59
annualized for Fiscal Year 2027 or increase the need for "Personal 60
Services" for Fiscal Year 2028, when annualized, the State 61
Personnel Board shall process no salary actions until such time as 62
the requirements of the provisions of this section are met with 63
the exception of new hires determined to be essential for the 64
agency. 65
When used in this section, "Vacancy Funding" shall mean funds 66
included in the Total Personal Services amount listed above and 67
designated for approved vacancies in Fiscal Year 2027. These 68
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funds are to be utilized to increase the number of filled 69
headcounts that were authorized but unfilled as of the last day of 70
Fiscal Year 2026. If the agency fills additional headcounts after 71
March 1, 2026, until the end of Fiscal Year 2026, the amount of 72
available Vacancy Funding may be proportionally adjusted to 73
reflect the updated number of filled headcounts. The agency shall 74
be responsible for ensuring that "Vacancy Funding" is used to 75
increase headcounts and not for promotions, title changes, 76
in-range salary adjustments, or any other mechanism for increasing 77
salaries for current employees. 78
Any transfers or escalations shall be made in accordance with 79
the terms, conditions, and procedures established by law or 80
allowable under the terms set forth within this act. The State 81
Personnel Board shall not escalate positions or increase the 82
Personal Services total without written approval from the 83
Department of Finance and Administration. The Department of 84
Finance and Administration shall not provide written approval to 85
escalate any funds for salaries and/or headcounts without proof of 86
availability of new or additional funds above the appropriated 87
level. Unless specifically noted, all Fiscal Year 2026 escalated 88
headcounts have been accounted for and shall be converted to 89
authorized time-limited headcounts. 90
No general funds authorized to be expended herein shall be 91
used to replace federal funds and/or other special funds used for 92
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salaries authorized under the provisions of this act and which are 93
withdrawn and no longer available. 94
None of the funds herein appropriated shall be used in 95
violation of the Internal Revenue Service's Publication 15-A 96
relating to the reporting of income paid to contract employees, as 97
interpreted by the Office of the State Auditor. 98
If the agency's total authorized headcount decreases from 99
Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's 100
discretion as to what headcounts are removed. 101
SECTION 3. Of the funds appropriated in Section 1 of this 102
act, it is the intention of the Legislature that an amount not to 103
exceed Five Hundred Thousand Dollars ($500,000.00) is authorized 104
to be expended from funds received from the Mississippi 105
Development Authority as reimbursements for actual expenses 106
incurred by the Office of State Aid Road Construction for 107
administering and providing engineering services to political 108
subdivisions as authorized under Section 65-4-15, Mississippi Code 109
of 1972. Any such funds shall be deposited into the Office of 110
State Aid Roads Administrative Fund for the fiscal year beginning 111
July 1, 2026, and ending June 30, 2027. 112
SECTION 4. Of the funds appropriated in Section 1, 113
Fifty-five Million Dollars ($55,000,000.00) is provided for the 114
purpose of replacement of structurally deficient bridges on the 115
Local System Bridge Program (LSBP) or other deficient bridge 116
projects. 117
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SECTION 5. It is the intention of the Legislature that the 118
Office of State Aid Road Construction shall maintain complete 119
accounting and personnel records related to the expenditure of all 120
funds appropriated under this act and that such records shall be 121
in the same format and level of detail as maintained for Fiscal 122
Year 2026. It is further the intention of the Legislature that 123
the agency's budget request for Fiscal Year 2028 shall be 124
submitted to the Joint Legislative Budget Committee in a format 125
and level of detail comparable to the format and level of detail 126
provided during the Fiscal Year 2027 budget request process. 127
SECTION 6. In compliance with the "Mississippi Performance 128
Budget and Strategic Planning Act of 1994," it is the intent of 129
the Legislature that the funds provided herein shall be utilized 130
in the most efficient and effective manner possible to achieve the 131
intended mission of this agency. Based on the funding authorized, 132
this agency shall make every effort to attain the targeted 133
performance measures provided below: 134
FY2027 135
Performance Measures Target 136
Administrative 137
Percent of Administrative Costs as 138
Compared to Construction Costs 4.00 139
Maintain Level of Administrative Costs 140
as Compared to Construction Costs at 5% 141
or Under 5.00 142
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Number of Projects Let to Contract 75 143
Percent of Personnel Devoted to 144
Construction Programs 81.00 145
Federal Percent of Total Project Fund 146
Obligations 20.00 147
Construction 148
Percent Increase in Total Miles Paved 1.00 149
Percent of Total State Aid Funds 150
Available Programmed or Obligated to 151
Projects 70.00 152
Number of State Aid Projects Let to Contract 75 153
Number of Federal Projects Let to Contract 5 154
Number of State Aid Projects Completed 30 155
Number of Federal Projects Completed 5 156
Average Time from Initiation to 157
Completion of a Fed Project (Days) 450 158
Number of Bridges Replaced or Repaired 85 159
Number of Structurally Deficient Bridges 160
on the State Aid System 1,050 161
Average Cost of a State Aid/Federal 162
Bridge Project 1,550,000.00 163
Local System Bridge 164
Percent Change in Deficient LSBP Bridges 3.00 165
Average Number of Active LSBP Projects 166
Per County 1.00 167
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Percent of LSBP Funds Available 168
Programmed or Obligated to Projects 85.00 169
Number of LSBP Projects Let to Contract 40 170
Number of LSBP Projects Completed 70 171
Number of LSBP Bridges Replaced or Repaired 40 172
Number of Eligible Deficient LSBP Bridges 1,050 173
Average Time From Initiation to 174
Completion of a LSBP Project (Days) 450 175
Percent of Bridges Eligible for LSBP Funds 10.00 176
Percent of Counties Utilizing All of 177
Their Available LSBP Funds 30.00 178
A reporting of the degree to which the performance targets 179
set above have been or are being achieved shall be provided in the 180
agency's budget request submitted to the Joint Legislative Budget 181
Committee for Fiscal Year 2028. 182
SECTION 7. With the funds appropriated in this act, the 183
Office of State Aid Road Construction shall notify members of the 184
Mississippi Senate and House of Representatives upon the award of 185
projects within their respective districts and at least five (5) 186
days prior to a public ceremony announcing the award of any grant 187
in their district or any public announcement or ceremony regarding 188
the groundbreaking or opening of a facility, roadway or bridge for 189
which the Legislature has made funds available. Any signage 190
regarding any public event or any new facility, roadway or bridge 191
shall include the following language: "Funds were made available 192
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for this project by the Mississippi State Legislature." The 193
signage shall further state the four-year legislative term in 194
which the project was funded. 195
SECTION 8. It is the intention of the Legislature to 196
authorize the State Aid Engineer to utilize funds available to the 197
Office of State Aid Road Construction, from any source herein 198
appropriated or made available by the counties or any other 199
source, to pay for costs necessary to comply with the National 200
Bridge Inspection Standards and the Federal Highway 201
Administration's requirements for bridge inspections and/or 202
special studies necessary to comply with federal laws. The State 203
Aid Engineer shall follow the same procedures as have heretofore 204
been established by Sections 65-9-9, 65-9-15 and 65-9-17, 205
Mississippi Code of 1972, for payment of such costs. The Office 206
of State Aid Road Construction may accept, budget and expend these 207
funds subject to and in accordance with rules and regulations of 208
the Department of Finance and Administration in a manner 209
consistent with the escalation of federal or state funds. 210
SECTION 9. It is the intention of the Legislature that in 211
the letting of contracts for which the Office of State Aid Road 212
Construction administers and provides engineering services to 213
political subdivisions under the Economic Development Highway Act, 214
bids may be made from the lowest and best bidder after advertising 215
for competitive sealed bids once in a newspaper published or 216
having a circulation in the county or municipality where the 217
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contract will be performed, and the date published for the bid 218
opening may be not less than seven (7) working days after the 219
advertisement is published. 220
SECTION 10. The State Engineer is hereby authorized to 221
transfer from any special fund to another special fund under the 222
control of State Aid Road for the administration, planning, 223
construction, maintenance, or inspection of Mississippi roads and 224
bridges, provided that such transfers do not exceed twenty percent 225
(20%) of the total fund allocated for this purpose. The State Aid 226
Engineer shall submit written notification to the State Fiscal 227
Officer and the Legislative Budget Office prior to executing any 228
such transfer, detailing the amount and purpose of the transfer. 229
SECTION 11. It is the intention of the Legislature that 230
whenever two (2) or more bids are received by this agency for the 231
purchase of commodities or equipment, and whenever all things 232
stated in such received bids are equal with respect to price, 233
quality and service, the Mississippi Industries for the Blind 234
shall be given preference. A similar preference shall be given to 235
the Mississippi Industries for the Blind whenever purchases are 236
made without competitive bids. 237
SECTION 12. It is the intention of the Legislature that the 238
funds herein appropriated shall be expended in compliance with 239
Section 27-104-25, Mississippi Code of 1972, that no state agency 240
shall incur obligations or indebtedness in excess of its 241
appropriation and that the responsible officers, either personally 242
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ST: Appropriation; Transportation, Department
of - State Aid Road Construction, Office of.
or upon their official bonds, shall be held responsible for 243
actions contrary to this provision. 244
SECTION 13. Of the funds appropriated in Section 1, Fifty 245
Thousand Dollars ($50,000.00), or so much thereof as may be 246
necessary, shall be derived out of any money in the State Treasury 247
to the credit of the Project Poppy Fund, as created in Section 248
57-1-631, Mississippi Code of 1972, and allocated in a manner as 249
determined by the Treasurer's Office. These funds are provided 250
for expediting services needed for Project Poppy. 251
SECTION 14. The money herein appropriated shall be paid by 252
the State Treasurer out of any money in the State Treasury to the 253
credit of the proper fund or funds as set forth in this act, upon 254
warrants issued by the State Fiscal Officer; and the State Fiscal 255
Officer shall issue his warrants upon requisitions signed by the 256
proper person, officer or officers, in the manner provided by law. 257
SECTION 15. This act shall take effect and be in force from 258
and after July 1, 2026. 259