SB3147 - Conference Report

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, including the Divisions of Support, Grain and Plant Industry, for the fiscal year beginning July 1, 2002, and ending June 30, 2003$ 7,541,823.00.

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, including the Divisions of Support, Grain and Plant Industry, for the fiscal year beginning July 1, 2002, and ending June 30, 2003..............................................................

........................................... $ 5,075,933.00.

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:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits$ 8,809,163.00

Travel and Subsistence............. 144,452.00

Contractual Services.................... 1,497,172.00

Commodities............................. 406,816.00

Capital Outlay:

Other Than Equipment............... 0.00

Equipment.......................... 1,303,051.00

Subsidies, Loans and Grants............. 357,102.00

Total............................ $ 12,617,756.00

FUNDING:

General Funds.......................... $ 7,541,823.00

Special Funds........................... 5,075,933.00

Total............................ $ 12,617,756.00

AUTHORIZED POSITIONS:

Permanent: Full Time 206

Part Time 5

Time-Limited:Full Time 19

Part Time 0

Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to fifty percent (50%) of the realignment component of the Variable Compensation Plan or Six Hundred Dollars ($600.00), whichever is greater, beginning on January 1, 2003.

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 2004 do not exceed Fiscal Year 2003 funds appropriated for that purpose, unless programs, positions or pay increases are added to the agency's budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall, on July 1, 2002, publish separate annual projection reports, based on July 1, 2002 data, for the period of July 1, 2002 through December 31, 2002, and January 1, 2003 through June 30, 2003, that project the 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 ensure that no single personnel action increases this projected cost and/or the Fiscal Year 2003 appropriation for "Personal Services," as annualized on a semi-annual basis in accordance with the provisions of this act. 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 2003 "Personal Services" appropriated level, when annualized in compliance with the provisions of this act, 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, 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. 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 9. Of the funds appropriated in Section 2, the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) shall be used for the purpose of assisting in carrying out the provisions of the economic development efforts including, but not limited to, Mississippi Land, Water and Timber Resources Act as set out in House Bill No. 1836, 2002 Regular Session.

SECTION 10. Of the funds appropriated under the provisions of Section 2, Seventy-five Thousand Eight Hundred Forty-seven Dollars ($75,847.00) shall be derived from the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972.

SECTION 11. 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 or from any other special source funds made available to 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, 2002, and ending June 30, 2003..........................................................

............................................... $ 718,000.00.

Of the special funds authorized in this Section, Two Hundred Thousand Dollars ($200,000.00) shall be derived from the Budget Contingency Fund, Two Hundred Fifty Thousand Dollars ($250,000.00) shall be derived from funds received from the Mississippi Department of Transportation, and Two Hundred Sixty-eight Thousand Dollars ($268,000.00) shall be derived from counties and from fees charged private persons/organizations.

SECTION 12. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the Debt Retirement Fund No. 392L not otherwise appropriated, for the purpose of reauthorizing the expenditure of these funds, originally authorized in Senate Bill No. 3069, 1996 Regular Session, to be used for repairs and/or renovations at the Jim Buck Ross Agricultural and Forestry Museum for the fiscal year beginning July 1, 2002, and ending June 30, 2003

............................................... $ 182,000.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2002.

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, 2002.


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