MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Appropriations

By: Senator(s) Hall, Burton, Stogner, Jordan (18th), Kirby, Mettetal, Posey, White (5th)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE DEPARTMENT OF AGRICULTURE AND COMMERCE SUPPORT AND GRAIN DIVISION 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 purpose of defraying the expenses of the State Department of Agriculture and Commerce Support and Grain Division for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 6,868,111.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds, which are collected by or otherwise become available for the purpose of defraying the expenses of the State Department of Agriculture and Commerce, for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 2,256,214.00.

The funds authorized for expenditure under the provisions of this section include subscription fees produced from the Market Bulletin and admission fees produced from the Mississippi Agriculture and Forestry Museum.

SECTION 3. 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 or purposes of expenditure:

SUPPORT

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 6,175,156.00

Travel and Subsistence 255,680.00

Contractual Services 1,048,504.00

Commodities 338,086.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 625,000.00

Subsidies, Loans and Grants 42,430.00

Total $ 8,484,856.00

FUNDING:

General Funds $ 6,228,642.00

Special Funds 2,256,214.00

Total $ 8,484,856.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 172

Part Time. . . . . . . . . 12

Time-Limited: Full Time. . . . . . . . . 16

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

GRAIN DIVISION:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 549,294.00

Travel and Subsistence 12,000.00

Contractual Services 32,425.00

Commodities 13,500.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 32,000.00

Subsidies, Loans and Grants 250.00

Total $ 639,469.00

FUNDING:

General Funds $ 639,469.00

Special Funds .00

Total $ 639,429.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 24

Part Time. . . . . . . . . 1

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

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

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.

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.

SECTION 4. The funds appropriated and authorized to be expended under the provisions of this act shall be expended for the purpose of defraying all expenses incurred by the State Department of Agriculture and Commerce in the operation of all programs and activities (except operation of the State Lime Plants and the Division of Plant Industry, Veterinary Laboratory, Pink Bollworm-Plant Quarantine Inspection Stations and Fire Ant Program) authorized to be conducted and carried on by said department; including, but not limited to: the administration of the Feed, Fertilizer and Dairy Act; the Weights and Measure Act; the Meat Inspection Act of 1968; the Mississippi Pure Seed Law; and the following additional programs and activities: enforcement of the egg law; publication and distribution of the Mississippi Market Bulletin, agricultural statistics, market news service at Stoneville, Mississippi; operation of the grain laboratory; inspection, grading and certifying of fruits, vegetables, hay, grain, meat and meat products, milk and dairy products, pecans, seed, syrup, and port grain inspection.

SECTION 5. The Mississippi Department of Agriculture and Commerce shall from time to time adjust the schedule of fees collected under the grain inspection program so that the revenue therefrom equals or exceeds the operational costs of the grain inspection program and the expenses incurred in complying with the requirements of the United States Grain Standards Act, P. L. 94-583.

SECTION 6. The Mississippi Department of Agriculture and Commerce, with the assistance of the State Department of Audit and the Department of Finance and Administration, shall establish non- budgeted enterprise funds for all "for profit" activities related to the Mississippi Agriculture and Forestry Museum. The funds shall be maintained in accordance with generally accepted accounting principles and regulations prescribed by the Department of Finance and Administration.

SECTION 7. It is the intention of the Legislature that any regulations promulgated by the State Department of Agriculture and Commerce concerning the labeling of liming materials include the actual analysis of said lime. Nothing in the regulations shall prevent any manufacturer from selling his products to any consumer as long as the labeling is accurate.

SECTION 8. 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 special fund to the credit of the State Department of Agriculture and Commerce, 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 9. This act shall take effect and be in force from and after July 1, 1997.