SB3107 - Conference Report

REPORT OF CONFERENCE COMMITTEE

MADAM PRESIDENT AND MR. SPEAKER:

We, the undersigned conferees, have had under consideration the amendments to the following entitled BILL:

S. B. No. 3107: Appropriation; Agriculture & Commerce - Support and Grain Div.

We, therefore, respectfully submit the following report and recommendation:

1. That the House recede from its Amendment No. 1.

2. That the Senate and House adopt the following amendment:

Amend by striking all after the enacting clause and inserting in lieu thereof the following:

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, 2001, and ending June 30, 2002 $ 7,187,470.00.

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, 2001, and ending June 30, 2002

$ 2,154,104.00.

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 $ 6,587,867.00

Travel and Subsistence 54,855.00

Contractual Services 851,626.00

Commodities 270,878.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 954,983.00

Subsidies, Loans and Grants 238,690.00

Total $ 8,958,899.00

FUNDING:

General Funds $ 6,804,795.00

Special Funds 2,154,104.00

Total $ 8,958,899.00

AUTHORIZED POSITIONS:

Permanent: Full Time 167

Part Time 5

Time-Limited: Full Time 4

Part Time 0

GRAIN DIVISION:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 325,247.00

Travel and Subsistence 6,000.00

Contractual Services 32,913.00

Commodities 14,065.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 4,200.00

Subsidies, Loans and Grants 250.00

Total $ 382,675.00

FUNDING:

General Funds $ 382,675.00

Special Funds 0.00

Total $ 382,675.00

AUTHORIZED POSITIONS:

Permanent: Full Time 9

Part Time 1

Time-Limited: Full Time 0

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 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, to the Department of Agriculture and Commerce for the support of the Beaver Control Program for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 500,000.00.

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 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, 2001, and ending June 30, 2002 $ 368,000.00.

The special funds authorized in this Section for the Beaver Control Program are to be derived from counties and from fees charged private persons/organizations.

SECTION 10. It is the intention of the Legislature that the State Department of Agriculture and Commerce is hereby authorized to accept, budget and expend funds from any source in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 11. It is the intention of the Legislature that the Commissioner of Agriculture and Commerce may authorize transfers between the divisions of Support, Grain, and Plant Industry, both funds and positions not to exceed fifteen percent (15%) of the authorized budgets in the aggregate, and may authorize increases in major objects of expenditure in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount. The Commissioner of Agriculture and Commerce shall submit written justification for any transfers authorized in this section 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. It is further the intention of the Legislature that no transfers may be made which increase the Salaries, Wages and Fringe Benefits major object of expenditure.

SECTION 12. It is the intention of the Legislature that the Commissioner of Agriculture and Commerce is hereby authorized, upon passage of Senate Bill No. 2769, Regular Session of 2001, to transfer not more than One Hundred Fifty Thousand Dollars ($150,000.00) from State Treasury Fund No. 3409 to the State Department of Agriculture and Commerce Support Budget and to expend said funds as authorized in Section 10 of this act.

SECTION 13. 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 14. This act shall take effect and be in force from and after July 1, 2001.


CONFEREES FOR THE SENATE	CONFEREES FOR THE HOUSE

X (SIGNED:)	X (SIGNED:)
Jack Gordon	Charlie Capps, Jr.

X (SIGNED:)	X (SIGNED:)
Joseph Stogner	Clayton P. Henderson

X (SIGNED:)	X (SIGNED:)
E. Glenn Hamilton	Johnny W. Stringer