MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Appropriations

By: Senator(s) Gordon, Thames, Stogner, Burton, Carlton, Hamilton, Posey, Williamson

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DIVISION OF PLANT INDUSTRY, DEPARTMENT OF AGRICULTURE AND COMMERCE, FOR FISCAL YEAR 2002.

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 Division of Plant Industry, Department of Agriculture and Commerce, for enforcement of the Mississippi Plant Act and plant quarantines promulgated thereunder, such as quarantines involving the white-fringed beetle, imported fire ant, sweet-potato weevil, and others, and for the control and eradication of such other serious pests and plant diseases where they are known to occur or may hereafter be found in Mississippi; and the administration and enforcement of the terms and conditions of the Mississippi Commercial Feed Law of 1972; the Mississippi Pure Seed Law of 1964; the Mississippi Fertilizer Law of 1970; the Mississippi Soil and Plant Amendment Law of 1978; the Mississippi Agricultural Liming Materials Act of 1993; the Mississippi Bee Disease Law; the Mississippi Pest Control Law; the Mississippi Economic Poisons Act; and the law regulating the application of hormone-type herbicides by aircraft, including payment of the expenses of administering all phases of the Mississippi Pesticide Application Act of 1975, authorized by Sections 69-3-1 et seq., 69-23-101 et seq., 69-23-1 et seq., 69-24-1 et seq., 69-39-1 et seq., 75-45-151 et seq., and 75-47-1 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2001, and ending June 30, 2002

$ 1,484,251.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of the proceeds derived from any special source funds which are collected by or otherwise become available for the support and maintenance of the Division of Plant Industry of the State Department of Agriculture and Commerce for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 1,391,797.00.

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:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 2,167,297.00

Travel and Subsistence 45,097.00

Contractual Services 369,331.00

Commodities 133,851.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 67,500.00

Subsidies, Loans and Grants 92,972.00

Total $ 2,876,048.00

FUNDING:

General Funds $ 1,484,251.00

Special Funds 1,391,797.00

Total $ 2,876,048.00

AUTHORIZED POSITIONS:

Permanent: Full Time 41

Part Time 4

Time-Limited: Full Time 15

Part Time 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2003 do not exceed Fiscal Year 2002 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2003 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2002 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2002 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

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 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 5. This act shall take effect and be in force from and after July 1, 2001.