Senate Bill 2998

AN ACT TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION AND THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO MAKE CERTAIN EXPENDITURES FROM THE STATE HIGHWAY FUND WITHOUT AN APPROPRIATION BILL TO FUND EXISTING CONTRACTS AND TO FUND ESSENTIAL OPERATIONS AND PERSONNEL OF THE COMMISSION AND THE DEPARTMENT IF THE LEGISLATURE DURING ANY REGULAR SESSION FAILS TO ENACT AN APPROPRIATION BILL TO FUND THE OPERATIONS OF THE DEPARTMENT FOR THE NEXT FISCAL YEAR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) If the Legislature during any regular session fails to enact an appropriation bill that would fund the existing contracts and operations of the Mississippi Transportation Commission and the Mississippi Department of Transportation for the next fiscal year from monies in the State Highway Fund, then the Executive Director of the Mississippi Department of Transportation may make expenditures during the next fiscal year from monies in the State Highway Fund to fund existing contracts, essential operations and personnel of the commission and department. Such expenditures may be made without the authority of an appropriation bill, but shall not exceed the amounts that were appropriated to the department for the same purposes during the preceding fiscal year. In making those expenditures, the executive director shall otherwise comply with the provisions of budget laws applicable to the department and follow the department's normal budget procedures as if the expenditures were being made under the authority of an appropriation bill.

(2) The commission may enter into and fund new contracts under the authority of subsection (1) only if the new contract is necessary for the department to perform its essential operations or if it is necessary to enter into and fund the new contract to avoid the loss or forfeiture of federal funds.

(3) The authority of the executive director of the department and the commission under subsections (1) and (2) to make expenditures from the State Highway Fund without an appropriation bill shall cease after the Legislature has enacted an appropriation bill at any regular or extraordinary session to fund the operations of the department for the fiscal year for which expenditures were made under this section.

SECTION 2. This act shall take effect and be in force from and after its passage.