MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

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

Senate Bill 3212

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE DEPARTMENT OF AGRICULTURE AND COMMERCE, GRAIN DIVISION AND THE MISSISSIPPI AGRIBUSINESS COUNCIL FOR THE FISCAL YEARS 1998 AND 1999. 

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, 1998, and ending June 30, 1999 $ 7,841,609.00.

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, 1998, and ending June 30, 1999

$ 1,979,003.00.

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 $ 6,419,847.00

Travel and Subsistence 173,580.00

Contractual Services 1,029,524.00

Commodities 335,957.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 962,457.00

Subsidies, Loans and Grants 248,451.00

Total $ 9,169,816.00

FUNDING:

General Funds $ 7,190,813.00

Special Funds 1,979,003.00

Total $ 9,169,816.00

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 $ 560,621.00

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 $ 650,796.00

FUNDING:

General Funds $ 650,796.00

Special Funds 0.00

Total $ 650,796.00

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 the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein. Unless otherwise permitted by law, no single event, including promotion, reclassification or reallocation, shall exceed the greater of (1) the difference between the starting salary (start step) of the current classification and the new classification added to the employee's current salary (current step), or (2) the salary that could be paid to an equally qualified, newly hired employee. If an eligible employee is currently at or above the end salary for his or her job classification, then the increase authorized by subparagraphs (b), (c) and (d) shall be built into the employee's base salary. To be eligible, employees may not have a current performance rating below "meets expectations" (2.0), as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 1999 shall receive the salary increase effective the date of the rating.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full time employees receive a minimum increase of Six Hundred Dollars ($600.00) and not more than Nine Hundred Dollars ($900.00), to the next higher step.

(c) Funds are provided for MH-Direct Care Worker Classifications to receive an average increase of One Thousand Five Hundred Dollars ($1,500.00). It is the intention of the Legislature that MH-Direct Care Worker Classifications increases resulting from the provisions of Senate Bill No. 2100, 1997 Regular Session, may be fully implemented as funds become available.

(d) Funds are provided for a Nine Hundred Dollar ($900.00) increase for Information Technology positions. Agencies may effect additional increases in accordance with the Information Technology Special Compensation Plan established by the State Personnel Board as funds become available.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2000 do not exceed Fiscal Year 1999 funds appropriated for that purpose unless programs 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 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 Mississippi Agribusiness Council for the fiscal year beginning July 1, 1998, and ending June 30,

1999 $ 170,820.00.

SECTION 9. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Agribusiness Council, for the purpose of defraying the expenses of the Mississippi Agribusiness Council for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 150,000.00.

SECTION 10. With the funds appropriated under the provisions of Sections 8 and 9, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 3

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

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

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

SECTION 11. With the funds provided to the State Department of Agriculture and Commerce, it is the intention of the Legislature that Three Thousand Five Hundred Forty-five Dollars ($3,545.00) shall be transferred to the Mississippi Department of Information Technology Services for the statewide data network backbone.

SECTION 12. 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, to the Department of Agriculture and Commerce for the support of the Beaver Control Program for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 447,784.00.

SECTION 13. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Beaver Control Program, to the Department of Agriculture and Commerce for the support of the Beaver Control Program for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 402,216.00.

The special funds authorized in this Section for the Beaver Control Program are 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 14. The Farm Theft Unit of the Mississippi Department of Agriculture and Commerce is hereby authorized to purchase not more than ten (10) full-size automobiles for law enforcement purposes.

This section shall be effective from and after passage through June 30, 1999.

SECTION 15. 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 16. This act shall take effect and be in force from and after July 1, 1998, except for Section 14 which shall take effect upon passage.