MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Appropriations

By: Representatives Livingston, Short, Foster, Green (96th), Nettles, Vince

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS FOR THE FISCAL YEAR 1998.  

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 hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the support and maintenance of the Department of Wildlife, Fisheries and Parks for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 11,560,165.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Wildlife, Fisheries and Parks which is comprised of special source funds collected by or otherwise available to the department for the support and maintenance of the department, for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 42,869,787.00.

The following sum, which is included in the sum appropriated above in this section, is hereby appropriated out of the state excise taxes upon gasoline, oil and other petroleum products to the Fisheries and Wildlife Fund for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $5,000,000.00.

The State Tax Commission is hereby directed to set aside the amount of this appropriation or any part thereof at any time it sees fit, out of any collections of taxes upon gasoline, oil and other petroleum products, and to deduct the amounts so set aside from such funds before making distribution thereof. However, provisions shall first be made for the Highway Bonds Sinking Fund, as required under the provisions of Chapter 130, Laws of 1938, and any amendments thereto, and Section 27-5-101, Mississippi Code of 1972.

Any funds available in the Wildlife Heritage Fund may be expended by the Commission on Wildlife, Fisheries and Parks as authorized by law during Fiscal Year 1998.

SECTION 3. Of the funds appropriated under the provisions of Section 2 and allocated in Section 5 to the Bureau of Wildlife and Fisheries, funds in the amount of One Hundred Twenty-five Thousand Three Hundred Thirty-five Dollars ($125,335.00) shall be derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, for the purpose of defraying the expenses of Project WILD for Fiscal Year 1998.

SECTION 4. It is the intention of the Legislature that the Department of Wildlife, Fisheries and Parks shall have the authority to receive, budget and expend funds from the Gulf and Wildlife Protection Fund, not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00) for the purpose of preservation, protection, conservation, and acquisition of waters, land and wildlife of this state.

SECTION 5. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects of such divisions:

DIVISION OF WILDLIFE AND FISHERIES

BUREAU OF WILDLIFE AND FISHERIES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 20,707,456.00

Travel and Subsistence 288,575.00

Contractual Services 5,830,865.00

Commodities 3,220,812.00

Capital Outlay:

Other Than Equipment 1,120,200.00

Equipment 2,258,432.00

Subsidies, Loans and Grants 1,090,650.00

Total $ 34,516,990.00

FUNDING:

General Funds $ 3,992,646.00

Special Funds 30,524,344.00

Total $ 34,516,990.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 531

Part Time. . . . . . . . . 32

Time-Limited: Full Time. . . . . . . . . 41

Part Time. . . . . . . . . 0

Provided further, that of the funds set forth in Section 1 and authorized above, not less than Fifty Thousand Dollars ($50,000.00) shall be expended for improvements at Roosevelt State Park.

BUREAU OF WILDLIFE AND FISHERIES

MOTOR VEHICLE SECTION

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 0.00

Travel and Subsistence 0.00

Contractual Services 0.00

Commodities 0.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 1,584,300.00

Subsidies, Loans and Grants 0.00

Total $ 1,584,300.00

FUNDING:

General Funds $ 0.00

Special Funds 1,584,300.00

Total $ 1,584,300.00

Each conservation officer and supervisor shall be furnished an allowance for uniforms not to exceed Four Hundred Fifty Dollars ($450.00) per annum.

Provided further, when any personnel of the Bureau of Wildlife and Fisheries are transferred from one county to another on a permanent assignment, the expense monies now paid on out-of-county duty shall not be applicable.

DIVISION OF PARKS AND RECREATION

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 8,665,171.00

Travel and Subsistence 68,430.00

Contractual Services 4,505,158.00

Commodities 1,204,537.00

Capital Outlay:

Other Than Equipment 700,000.00

Equipment 1,244,765.00

Subsidies, Loans and Grants 1,090,601.00

Total $ 17,478,662.00

FUNDING:

General Funds $ 7,119,735.00

Special Funds 10,358,927.00

Total $ 17,478,662.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 302

Part Time. . . . . . . . . 250

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

Of the funds authorized to be expended by the Bureau of Fisheries and Wildlife, not more than One Million Three Hundred Fifteen Thousand Dollars ($1,315,000.00) shall be expended by the Bureau of Fisheries and Wildlife to defray the costs of the Division of Parks and Recreation of the Department of Wildlife, Fisheries and Parks.

Of the funds authorized to be expended in the Division of Parks and Recreation, Four Hundred Thousand Dollars ($400,000.00) shall be derived from the sale of timber at Percy Quinn State Park and shall be expended to make improvements at Percy Quinn State Park.

It is the intention of the Legislature that a reasonable number of Conservation Officers, Conservation Officer Supervisors, District Managers, Area Managers, and Lake Managers shall be employed and/or detailed to both temporary and permanent job assignments in areas other than their county of residence.

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with policies established by the State Personnel Board and any conditions placed on such expenditure:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds shall be used to fund the "Realignment" component at the requirement established by the State Personnel Board.

(c) Subsequent to the application of Realignment, as specified in Subparagraph (b), above, funds shall be used to provide all eligible state employees employed on or before June 30, 1996, a Three Hundred Dollar ($300.00) "In-Service" COLA base salary increase effective July 1, 1997.

(d) All eligible state employees employed on or before June 30, 1996, shall receive a one percent (1%) salary increase on the first day of the month following their anniversary hire date.

(e) To be eligible for the salary increases specified in Subparagraphs (c) and (d), above, employees must have a current overall performance appraisal rating of "meets expectations" (2.0), or above, on the effective date of the increase. Employees who, subsequent to their eligibility date, receive a performance appraisal rating of "meets expectations" (2.0), or above, during Fiscal Year 1998 shall receive the salary increase effective the date of the rating. If an eligible employee is currently at or above end step for his or her job classification, or should this salary increase cause an eligible employee's salary to exceed end step, that portion of the increase exceeding end step shall be built into the employee's base salary.

It is the agency's responsibility to make certain that funds required to be appropriated for Personal Services for Fiscal Year 1999 do not exceed Fiscal Year 1998 funds appropriated for that purpose unless programs and/or positions are added to the agency's budget by the Mississippi Legislature.

It is the intention of the Legislature that the Executive Director of the Department of Wildlife, Fisheries and Parks may transfer between the various divisions authorized herein both funds and positions not to exceed five percent (5%) of the authorized budgets in the aggregate. The Executive Director of the Department of Wildlife, Fisheries and Parks shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

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.

Unless expressly authorized herein by the Legislature, no funds appropriated to be expended for travel and subsistence shall be expended to pay expenses incurred by more than four (4) employees or other representatives of the agency for attending the same conference, seminar or workshop out-of-state; provided, however, such funds may be expended for expenses incurred by more than four (4) employees or other representatives for attendance at the same conference, seminar or workshop (a) if attendance is required in order to maintain professional certification or licensure, which certification or licensure is required by the employees' job descriptions or by law, or (b) if such expenditure has received the prior written approval of the State Fiscal Officer.

SECTION 6. The board of supervisors of any county or any group or combination of counties are hereby authorized and empowered to enter into cooperative agreements with each other and with the Commission on Wildlife, Fisheries and Parks for the purpose of creating, improving or restoring public game and fish habitat lying or to be situated wholly or partially within such county or in an adjoining county; and each county is empowered and authorized, in its discretion, to expend a sum not exceeding One Hundred Thousand Dollars ($100,000.00) from the general county fund for such purposes from which fund they shall reimburse to the Commission on Wildlife, Fisheries and Parks the actual cost of all surveying and engineering projects incurred by the Department of Wildlife, Fisheries and Parks incidental thereto. Such boards of supervisors are further authorized and empowered, in their discretion, to enter into agreements necessary to carry out the purposes of this act with any other county, the United States Forest Service or any other agency if same should be necessary for the acquisition of land by lease or otherwise for such purposes. The Department of Wildlife, Fisheries and Parks is authorized to lease all woodlands now existing on the O'Keefe Division of the Department of Corrections for use of a game preserve and refuge, upon such terms and conditions as may be mutually agreed upon by the Department of Wildlife, Fisheries and Parks and the Department of Corrections.

SECTION 7. Of the funds appropriated in Section 1, the following sum, or so much thereof as may be necessary, is hereby provided for the support and management of the Beaver Control Program within the Department of Wildlife, Fisheries and Parks for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 447,784.00.

SECTION 8. Of the funds appropriated under the provisions of Section 2, the following sum, or so much thereof as may be necessary, is hereby authorized out of any money in the State Treasury to the credit of the Department of Wildlife, Fisheries and Parks for the support and management of the Beaver Control Program for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 402,216.00

The above special fund authorization is to be derived as follows: Two Hundred Twenty-seven Thousand Six Hundred Eight Dollars ($227,608.00) from counties; One Hundred Seventy-four Thousand Six Hundred Eight Dollars ($174,608.00) from fees charged private persons/organizations.

SECTION 9. The Department of Wildlife, Fisheries and Parks is hereby directed to keep an exact accounting of the funds received during each fiscal year by fund and source and an exact accounting of how these funds were expended by fund and program/division. Such information shall be provided to the House and Senate Appropriations Chairmen, Chairman of the House Game and Fish Committee and Chairmen of the Senate Wildlife and Fisheries and Senate Ports and Marine Resources Committee no later than October 1 following the end of the fiscal year.

SECTION 10. The Department of Wildlife, Fisheries and Parks is authorized to enter into an agreement with the Pearl River Valley Water Supply District to provide for financial support of an additional conservation officer on and around the Ross Barnett Reservoir.

The Department of Finance and Administration is authorized to escalate the budget of the Department of Wildlife, Fisheries and Parks for this purpose.

SECTION 11. It shall be unlawful for any officer, employee or other person whatsoever to use or permit or authorize the use of any automobile or any other motor vehicle owned by the State of Mississippi or any department, agency or institution thereof for any purpose other than upon the official business of the State of Mississippi or any agency, department or institution thereof.

It is the intent of the Legislature that motor vehicles authorized to be owned and operated by this agency shall comply with Sections 25-1-77 to 25-1-93, Mississippi Code of 1972.

SECTION 12. It is the intention of the Legislature that the Department of Wildlife, Fisheries and Parks shall have the authority to receive, budget and expend funds from any source, not to exceed One Hundred Thousand Dollars ($100,000.00), that may become available to the department in accordance with the rules and regulations of the Department of Finance and Administration. None of the funds authorized in this section shall be used to increase the major object of expenditure "Salaries, Wages and Fringe Benefits."

SECTION 13. 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:

FY98

Performance Measures Target

Bureau of Wildlife and Fisheries--Support

Hunting and fishing licenses (licenses) 500,000 Registration of boats (boats) 78,547

Freshwater Fisheries Management

Technical guidance (contacts) 600

Public waters managed (acres) 580,000

Users of DWFP lakes (man days) 73,000

Game Management

Technical guidance (contacts) 32,000

DWFP management for hunters (man days) 175,000

Museum of Natural Science

Participants in museum projects (persons) 790,000

Information provided (requests) 42,000

Law Enforcement

Hunter and boater education (persons) 34,000

Officers trained (persons) 775

Beaver Program

Beavers removed (beavers) 4,500

Damage prevented (dollars) $1,250,000

Motor Vehicle Fund

Vehicles purchased (vehicles) 82

Used vehicle sales (vehicles) 53

Parks and Recreation

Overnight accommodations (persons) 652,732

Water related services (persons) 82,333

Day use services (persons) 3,253,314

Facilities repair projects (projects) 3,828

Historical and nature services (persons) 17,620

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 1999.

SECTION 14. In order to be in compliance with Sections 63-1-74 through 63-1-79, funds are herein provided and may be expended by the Department of Wildlife, Fisheries and Parks to pay the costs of commercial driver's licenses for specific employees and/or to reimburse such costs for specific employees who, in the course of their duties and responsibilities, are required to hold a valid Mississippi Commercial Driver's License.

SECTION 15. With the funds provided herein, the Department of Wildlife, Fisheries and Parks is authorized to pay the following invoice for the expenses incurred during Fiscal Year 1993 for supplies purchased for department operations:

Wal-Mart Store No. 01-071C ............. $ 567.35

With the funds provided herein, the Department of Wildlife, Fisheries and Parks is authorized to pay the following invoices for expenses incurred during Fiscal Year 1994 for operational support from the Central Data Processing Authority (CDPA) State Computer Center and the Department of Finance and Administration (DFA) Statewide Accounting System:

CDPA State Computer Center ............. $ 140.06

DFA Statewide Accounting System ........ $ 38.04

SECTION 16. Of the funds appropriated under the provisions of Sections 1 and 2, the Executive Director of the Department of Wildlife, Fisheries and Parks, with the concurrence of the State Personnel Board, is authorized to reclassify positions in previously approved job classes and to reallocate positions to classifications appropriate to the program functions to be accomplished within the agency's mission and within the funds appropriated for these purposes.

SECTION 17. With the funds provided herein, the Department of Wildlife, Fisheries and Parks may, in its discretion, pay to Sylvester Johnson a sum not to exceed Two Thousand Eight Hundred Seventy-five Dollars ($2,875.00) as full reimbursement for compensation for property damages sustained in an accident involving a state-owned vehicle.

SECTION 18. It is further the intention of the Legislature that the Department of Wildlife, Fisheries and Parks may accept, budget and expend funds from any source, not to exceed Five Million Dollars ($5,000,000.00), that may become available to the department for the purpose of defraying the costs of constructing and operating a fish hatchery in Aberdeen, Mississippi.

SECTION 19. The money appropriated under the provisions of Section 1 shall be paid by the State Treasurer out of any money in the State General Fund not otherwise appropriated, and the money appropriated under the provisions of Section 2 shall be paid by the State Treasurer out of any money in the proper special funds to the credit of the Department of Wildlife, Fisheries and Parks 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 20. This act shall take effect and be in force from and after July 1, 1997.