MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

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

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS FOR THE FISCAL YEAR 2000.

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, 1999, and ending June 30, 2000

$ 15,673,937.00.

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, 1999, and ending June 30, 2000

$ 44,359,922.00.

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, 1999, and ending June 30, 2000 $5,750,000.00.

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 2000.

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 2000.

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 $ 21,763,382.00

Travel and Subsistence 249,569.00

Contractual Services 5,561,971.00

Commodities 3,239,570.00

Capital Outlay:

Other Than Equipment 1,030,900.00

Equipment 2,599,820.00

Subsidies, Loans and Grants 816,140.00

Total $ 35,261,352.00

FUNDING:

General Funds $ 3,999,606.00

Special Funds 31,261,746.00

Total $ 35,261,352.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 514

Part Time. . . . . . . . . 28

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

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

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 1,521,500.00

Subsidies, Loans and Grants 0.00

Total $ 1,521,500.00

FUNDING:

General Funds $ 0.00

Special Funds 1,521,500.00

Total $ 1,521,500.00

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 $ 9,572,193.00

Travel and Subsistence 99,466.00

Contractual Services 4,848,633.00

Commodities 1,234,163.00

Capital Outlay:

Other Than Equipment 2,130,000.00

Equipment 1,077,717.00

Subsidies, Loans and Grants 1,214,419.00

Total $ 20,176,591.00

FUNDING:

General Funds $ 9,530,642.00

Special Funds 10,645,949.00

Total $ 20,176,591.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 303

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.

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.

MUSEUM OF NATURAL SCIENCE

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 1,187,316.00

Travel and Subsistence 32,700.00

Contractual Services 1,162,470.00

Commodities 297,650.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 294,280.00

Subsidies, Loans and Grants 100,000.00

Total $ 3,074,416.00

FUNDING:

General Funds $ 2,143,689.00

Special Funds 930,727.00

Total $ 3,074,416.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 28

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

Time-Limited: Full Time. . . . . . . . . 4

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.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 funds appropriated for that purpose unless programs 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.

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. 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 8. 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 9. 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 through 25-1-93, Mississippi Code of 1972.

SECTION 10. 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 Five Hundred Thousand Dollars ($500,000.00), 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 11. 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 Two Hundred Fifty Thousand Dollars ($250,000.00) that may become available to the department. Any funds received and budgeted pursuant to this section shall be used to implement the Scenic Rivers Stewardship Programs including Forty-one Thousand Dollars ($41,000.00) for a coordinator to administer the program with the authority to establish one full-time, time-limited position.

SECTION 12. 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:

FY00

Performance Measures Target

Bureau of Wildlife and Fisheries--Support

Hunting and fishing licenses (licenses) 520,000 Registration of boats (boats) 80,000

Freshwater Fisheries Management

Fish stock for public water (fish) 3,200,000

Users of DWFP lakes (man days) 70,000

Game Management

DMAP Cooperators 950

DWFP management for hunters (man days) 185,000

Law Enforcement

Hunter and boater education (persons) 20,000

Motor Vehicle Fund

Vehicles purchased (vehicles) 74

Used vehicle sales (vehicles) 62

Parks and Recreation

Overnight accommodations (persons) 672,313

Water related services (persons) 95,169

Day use services (persons) 3,391,061

Facilities repair projects (projects) 3,911

Historical and nature services (persons) 88,911

Museum of Natural Science

Information provided (participants) 260,000

Participants in museum projects (persons) 200,000

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 2001.

SECTION 13. 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 14. 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 Mississippi Department of Economic and Community Development in the amount of Four Million Dollars ($4,000,000.00) as authorized in Section 57-61-32 (1), Mississippi Code of 1972. Such funds are to be used to defray the cost of constructing a North Mississippi Fish Hatchery.

SECTION 15. Of the funds provided herein, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided to the Department of Wildlife, Fisheries and Parks above the FY99 level to be expended on Wildlife Management Areas, with Fifty Thousand Dollars ($50,000.00) of this amount for Caney Creek Wildlife Management Area equipment building and pavilion and Fifty Thousand Dollars ($50,000.00) for Hell's Creek Wildlife Management Area creek crossing on the field trail courses, and Twenty-five Thousand Dollars ($25,000.00) for Black Prairie Wildlife Management Area creek crossings on the field trail courses.

SECTION 16. Of the funds provided herein, One Million Fifty Thousand Dollars ($1,050,000.00) is provided to the Department of Wildlife, Fisheries and Parks for infrastructure at state parks, with Two Hundred Thousand ($200,000.00) of this amount for repairs and renovations to Carver's Point Lodge at Hugh White State Park.

SECTION 17. Of the funds provided herein, One Hundred Fifty Thousand Dollars ($150,000.00) is provided to the Department of Wildlife, Fisheries and Parks for the enhancement of marketing of state parks.

SECTION 18. Of the funds provided herein, Sixty Thousand Dollars ($60,000.00) is provided to the Department of Wildlife, Fisheries and Parks for a facilities coordinator at Roosevelt State Park.

SECTION 19. Of the funds provided herein, Two Hundred Thousand Dollars ($200,000.00) is provided to the Department of Wildlife, Fisheries and parks for transfer to the Mississippi Authority for Educational Television for a mobile digital production vehicle.

SECTION 20. Of the funds provided herein, no more than Seven Hundred Fifty Thousand Dollars ($750,000.00) is provided to the Department of Wildlife, Fisheries and Parks for furnishing and equipping the new administrative office building for the department.

The Department of Wildlife, Fisheries and Parks is authorized to make whatever transfers necessary, not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), from "Capital Outlay - Equipment" to "Commodities" for the furnishing and equipping of the new administration office building for the department.

SECTION 21. Subject to the availability of funds, no more than One Hundred Seventy-five Thousand Dollars ($175,000.00) is provided to the Department of Wildlife, Fisheries and Parks for infrastructure, bathhouse and camper pad at Legion Lake State Park; no more than Three Hundred Thousand Dollars ($300,000.00) is provided to the Department of Wildlife, Fisheries and Parks for renovations of campground facilities at Roosevelt State Park; and no more than Four Hundred Twenty-five Thousand Dollars ($425,000.00) is provided to the Department of Wildlife, Fisheries and Parks for infrastructure, bathhouse and camper pads at J. P. Coleman State Park.

SECTION 22. 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 Department of Wildlife, Fisheries and Parks Special Duck Stamp Fund No. 3470 for the purpose of protecting and propagating migratory waterfowl in accordance with Section 49-7-167, Mississippi Code of 1972, for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 200,000.00.

SECTION 23. 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 Department of Wildlife, Fisheries and Parks Special Timber Fund No. 3469 for the purpose of acquiring real estate for the State of Mississippi which will be used to provide hunting and/or fishing activities, for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 1,500,000.00.

SECTION 24. 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 Department of Wildlife, Fisheries and Parks Special Emergency and Renovation Fund No. 346F for the purpose of emergency repair or renovation activities on state lakes or wildlife management areas, for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 150,000.00.

SECTION 25. 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 Department of Wildlife, Fisheries and Parks Special Pearl River Timber Fund No. 3465 for the purpose of making improvements to the Pearl River Wildlife Management area, for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 150,000.00.

SECTION 26. 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 Department of Wildlife, Fisheries and Parks Special Park Timber Fund No. 3467 for the purpose of making improvements at Lake Lowndes State Park, for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 100,000.00.

SECTION 27. With the funds provided in this act, the Department of Wildlife, Fisheries and Parks is authorized to pay the following expenses for real estate taxes incurred during Fiscal Years 1992, 1993 and 1994:

2906 North State Corporation............$6,109.42

SECTION 28. With the funds provided in this act, the Department of Wildlife, Fisheries and Parks is authorized to pay the following expenses for tools purchased at Wal-Mart:

No. 0699, during Fiscal Year 1995.......$ 114.83

SECTION 29. Of the funds provided herein, salary increases, not to exceed Five Thousand Dollars ($5,000.00), may be awarded to Park Managers of state parks that operate golf courses.

SECTION 30. Of the funds provided herein, Thirty Thousand Dollars ($30,000.00) is provided to the Department of Wildlife, Fisheries and Parks for construction of a pavilion at Claude Bennett Lake.

SECTION 31. Subject to the availability of funds and at the discretion of the Department of Wildlife, Fisheries and Parks, of the funds provided herein, One Hundred Thousand Dollars ($100,000.00) is provided to Pat Harrison Waterway District for the purpose of repairing Archusa Water Park Dam.

SECTION 32. 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 33. This act shall take effect and be in force from and after July 1, 1999.