Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI LEGISLATURE 2026 Regular Session To: Appropriations E; Appropriations A By: Representatives Oliver, Read, Arnold, Boyd (19th), Hines, Mangold, Massengill, Roberson, Scoggin House Bill 1938 (As Sent to Governor) 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 2027; 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, 2026, and ending June 30, 2027.................................................. ............................................ $ 1,565,117,653.00. SECTION 2. Of the funds appropriated under the provisions of this act, not more than the following amount of funds, with the exception of the provisions in this section, shall be expended only for "Personal Services," which includes "Vacancy Funding," for the following authorized number of employment headcount: FUNDING: General Funds: $ 0.00 Special Funds: $ 195,429,310.00 Total Funds: $ 195,429,310.00 PERSONAL SERVICES: Employee Salaries, Wages and Fringe Benefits: $ 187,609,055.00 Progressions: $ 1,646,720.00 Vacancy Funding: $ 6,173,535.00 Total Personal Services: $ 195,429,310.00 AUTHORIZED HEADCOUNT: Permanent: 2,706 Time-Limited: 0 As used in this section, the term "Personal Services" shall mean funds provided under the major object of expenditure category Personal Services for Salaries, Wages, and Fringe Benefits. Funds in this category shall not be transferred to any other category. It is the intention of the Legislature to ensure compliance with the Variable Compensation Plan, as outlined in Section 25-9-147, Mississippi Code of 1972. Payment from these funds shall be in accordance with the Variable Compensation Plan promulgated by the Mississippi State Personnel Board. It is the Legislature's intention that no employee's salary falls below the minimum salary established by the Mississippi State Personnel Board. The State Personnel Board shall determine and publish the projected annual cost of "Personal Services" based on monthly and year-to-date payroll expenditures in compliance with the provisions of this act. With the funds herein appropriated, it shall be the agency's responsibility to ensure that no single personnel action or combination of personnel actions, when annualized, exceeds the Fiscal Year 2027 appropriation for "Personal Services" with the exception of escalated funds. Further, it shall be the agency's responsibility to ensure that funds required to be appropriated for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2027 budget by the Mississippi Legislature. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken or will take an action that would cause the agency to exceed the funds appropriated in this act when annualized for Fiscal Year 2027 or increase the need for "Personal Services" for Fiscal Year 2028, when annualized, the State Personnel Board shall process no salary actions until such time as the requirements of the provisions of this section are met with the exception of new hires determined to be essential for the agency. When used in this section, "Vacancy Funding" shall mean funds included in the Total Personal Services amount listed above and designated for approved vacancies in Fiscal Year 2027. These funds are to be utilized to increase the number of filled headcounts that were authorized but unfilled as of the last day of Fiscal Year 2026. If the agency fills additional headcounts after March 1, 2026, until the end of Fiscal Year 2026, the amount of available Vacancy Funding may be proportionally adjusted to reflect the updated number of filled headcounts. The agency shall be responsible for ensuring that "Vacancy Funding" is used to increase headcounts and not for promotions, title changes, in-range salary adjustments, or any other mechanism for increasing salaries for current employees. 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 or increase the Personal Services total 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 headcounts without proof of availability of new or additional funds above the appropriated level. Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been accounted for and shall be converted to authorized time-limited headcounts. 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 Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor. If the agency's total authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's discretion as to what headcounts are removed. Of the funds appropriated in this act, the Legislature has authorized salary progressions in the amount of One Million Six Hundred Forty-six Thousand Seven Hundred Twenty Dollars ($1,646,720.00) for the following job families: Inspection Family Facilities and Maintenance Family Engineering Family Transportation Technical Family 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........ $ 65,074,930.00 Construction............................ $ 1,069,042,723.00 Maintenance............................. $ 325,000,000.00 Debt Service............................ $ 66,000,000.00 Aeronautics, Rails and other............. $ 40,000,000.00 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 2026. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2028 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 2027 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 2027. 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. The Mississippi Department of Transportation may escalate up to Two Million Dollars ($2,000,000.00) in accordance with the rules and regulations of the Department of Finance and Administration, in a manner consistent with the escalation of federal funds, along with the required documentation of the overtime hours worked. If approved by the Department of Finance and Administration, the Mississippi State Personnel Board may update the authorized Personal Services amount to include these escalations on the compliance reports. SECTION 14. 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 15. 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 16. 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 17. 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 18. 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: FY2027 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) 726 Percent Decrease in State-Maintained Lane Miles Needing Repair or Rehabilitation 0.80 Percent of Pavement Needs Met Annually 0.28 Percent of 4 Lane Highway Lane-Miles with an Acceptable Pavement Condition Rating 95.00 Percent of Interstate Lane-Miles with an Acceptable Pavement Condition Rating 77.30 Percent of 2 Lane Highway Lane-Miles with an Acceptable Pavement Condition Rating 86.00 Cost per Mile to Maintain State Highways 33,889.00 Number of Bridges in Poor Condition 170 Number of Bridges with Timber Components 85 Construction Percent of Miles of State Maintained Highways that Meet MDOT Thresholds for Congestion 2.17 Number of Lane Miles of State Maintained Highways Requiring Additional Capacity 611.80 Cost per Mile to Construct State Highways 25,970,000.00 Administration & Other Administration as a Percent of Total Budget 4.17 GO-MDOT-Total Number of Page Views 1,400,000 Percent Increase in Utilization of MDOTTRAFFIC.com Website 5.00 Bonded Debt Service MDOT's Share of Annual Debt Service will Not Exceed 3.75% of Annual Budget 0.74 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 2028. SECTION 19. 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 20. 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 Thirty Thousand Four Hundred Eighteen Dollars and Twenty-eight Cents ($30,418.28). SECTION 21. 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, 2026, and ending June 30, 2027: (a) 2022 Capacity Project Fund for the purposes provided in Section 65-1-141.2, Mississippi Code of 1972............................ ............................................. $ 400,000,000.00 (b) 2022 Infrastructure Match Fund for the purposes provided in Section 65-1-183, Mississippi Code of 1972...................... ............................................. $ 40,000,000.00 (c) 2022 Emergency Road and Bridge Fund for the purposes provided in Section 65-1-179.1, Mississippi Code of 1972................. ............................................ $ 40,000,000.00 (d) Strategic Multi-Modal Investments Fund for the purposes provided in Section 65-1-901, Mississippi Code of 1972........... ............................................. $ 40,000,000.00 (e) 2023 Lafayette County Infrastructure Improvement Funds for the purposes provided in Section 65-1-187, Mississippi Code of 1972. $ 75,000,000.00 (f) 2023 Desoto County Infrastructure Improvement Funds for the purposes provided in Section 65-1-185, Mississippi Code of 1972. $ 50,000,000.00 SECTION 22. Of the funds appropriated in Section 1, Three Hundred Thousand Dollars ($300,000.00) is provided for the Southern Rail Commission to continue developing passenger rail service for the State of Mississippi. SECTION 23. It is the intention of the Legislature that the Mississippi Department of Transportation shall expend such funds appropriated in Section 21 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 24. Of the funds appropriated in Section 1, 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 25. 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 26. This act shall take effect and be in force from and after July 1, 2026.
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