MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Appropriations
By: Representatives Frierson, Bounds, Eaton, Beckett, Eure, Howell, Johnson
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS FOR THE FISCAL YEAR 2015.
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 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, 2014, and ending June 30, 2015.......................................
............................................ $ 8,890,505.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is 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, including the Museum of Natural Science and the Bureau of Parks and Recreation, for the fiscal year beginning July 1, 2014, and ending June 30, 2015..................................................
............................................ $ 63,722,438.00.
The following sum, which is included in the sum appropriated above in this section, is 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, 2014, and ending June 30, 2015 $ 5,750,000.00.
The State Tax Commission is 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. The department shall make a detailed report to the Legislature regarding the spending of the Wildlife Heritage funds by September 1 for the preceding fiscal year.
SECTION 3. Of the funds appropriated under the provisions of Section 2 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 2015.
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 Fifty Thousand Dollars ($50,000.00) 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 this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 659
Part Time........... 93
Time-Limited: Full Time........... 47
Part Time........... 0
Funds are provided herein for a One Thousand Dollar ($1,000.00) salary increase for full-time employees, or pro-rated for part-time employees, which shall be awarded to each employee that has not received a salary increase since July 1, 2010, and that is making an annual salary of less than Thirty Thousand Dollars ($30,000.00) as of June 30, 2014.
The State Personnel Board shall not approve or process personnel action for any employee unless the employee has not received a salary increase since July 1, 2010, and for such an employee the increased amount shall not exceed Five Percent (5%); however, the following conditions are to be exempted: the award of teacher salary increments; the advancement of a trainee/cadet to the next level of a bona fide career ladder; the award of an educational benchmark for the attainment of a Certified Public Accountant License or higher level professional certification; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the FY 2015 promotional formula, whichever is less; the emergency appointment of nurses, pharmacists or other health care and child protection professionals at a salary to be determined by the State Personnel Board or any other requested action of the agency that has been specifically authorized by the Legislature.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
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. Each conservation officer and supervisor shall be furnished an allowance for uniforms not to exceed Five Hundred Fifty Dollars ($550.00) per annum.
Provided further, when any personnel of the Bureau of Wildlife and Fisheries are transferred from one (1) county to another on a permanent assignment, the expense monies now paid on out-of-county duty shall not be applicable.
SECTION 7. It is the intention of the Legislature that the Department of Wildlife, Fisheries and Parks shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2014. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2016 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2015 budget request process.
SECTION 8. 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:
FY2015
Performance Measures Target
Support Services
Hunting & Fishing Licenses
Sold (Licenses) 570,000
Registration of Boats (Boats) 42,000
Fisheries
Fish Stock for Public Water (Fish) 1,500,000
Users of DWFP Lakes (Man-days) 42,000
Wildlife
DMAP Cooperators 0
DWFP Management for Hunters (Man-days) 200,000
Law Enforcement
Hunter Education (Persons) 11,500
Motor Vehicle Fund
Vehicles Purchased (Vehicles) 52
Used Vehicle Sales (Vehicles) 40
Parks
Overnight Accommodations (Persons) 544,887
Water Related Services (Persons) 0
Day Use Services (Persons) 0
Facilities Repair Projects (Projects) 900
Historical & Nature Services (Persons) 899,251
Museum
Statewide Educ Programming (Participants) 83,518
Total Public Programming (Persons) 317,589
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 2016.
SECTION 9. Of the funds appropriated in Section 2, the following amount shall come from 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 $ 50,000.00.
SECTION 10. Of the funds appropriated within this act, the Commission on Wildlife, Fisheries and Parks may enter into cooperative agreements with the board of supervisors of any county or any group or combination of counties for the purpose of creating, improving or restoring parks, 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 funds 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.
SECTION 11. 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 12. 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 Ten Million Dollars ($10,000,000.00), that may become available to the department in accordance with the rules and regulations of the Department of Finance and Administration.
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. The Mississippi Department of Wildlife, Fisheries and Parks is authorized to provide financial support of One Hundred Fifty Thousand Dollars ($150,000.00) and to enter into an agreement with the Mississippi Cooperative Extension Service for a biology specialist and related supportive cost.
The Department of Finance and Administration is authorized to escalate the budget of the Department of Wildlife, Fisheries and Parks for this purpose.
SECTION 15. The department is authorized to spend up to sixty percent (60%) of revenue in the State Park Timber Endowment Fund, as needed, to operate and maintain the state parks.
SECTION 16. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 17. Of the funds appropriated herein, Two Hundred Thousand Dollars ($200,000.00) may be provided to fund the Youth Participation Initiative for the purpose of educating children in the areas of hunting, fishing, conservation, and safety.
SECTION 18. The fund created pursuant to Section 49-5-21, Mississippi Code of 1972, and known as the "Fisheries and Wildlife Fund" shall be treated as a special trust fund. All funds derived from the sale of licenses, fees, fines and other revenues received by the department as provided by law, shall be deposited in the Fisheries and Wildlife Fund. In addition, revenue derived from the sale of timber on wildlife management areas, refuges and preserves shall be deposited into an account established for such revenues under the Fisheries and Wildlife Fund. The interest and any investment income earned on the fund shall be credited by the State Treasurer to the Fisheries and Wildlife Fund and shall not be paid into the General Fund. Any unexpended funds remaining in the fund at the end of the fiscal year shall not lapse and shall remain in the fund. Nothing in this section shall prevent the use of said funds from maintenance and upgrade on wildlife management areas and state parks.
SECTION 19. It is the intention of the Legislature that no more than One Million Five Hundred Thousand Dollars ($1,500,000.00) be expended from the Motor Vehicle Fund for the purchase of any type of motor vehicle.
SECTION 20. It is the intention of the Legislature that no state park be closed without legislative approval.
SECTION 21. Of the funds provided in this act, an amount not to exceed One Hundred Fifty-five Thousand Dollars ($155,000.00) shall be used to defray the lease expenses of the Little Biloxi Wildlife Management and Wolf River Wildlife Management in accordance with Section 49-5-99(4).
SECTION 22. It is the intent of the Legislature that no wildlife management area be closed and that to the greatest practicable extent, department land management decisions and actions may not result in any net loss of any acreage available for hunting opportunities that existed on July 1, 2006, as provided in Section 49-5-99(4).
SECTION 23. It is the intent of the Legislature that the Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to enter into multi-year contracts for the purpose of placing a sign on such state park property under the department's domain, in accordance with any applicable rules and regulations. All proceeds generated from these activities shall remain with the department and shall be deposited into the proper special fund.
SECTION 24. It is the intent of the Legislature that from the funds available to the Department of Wildlife, Fisheries and Parks, the department may purchase and pay premium(s) on property damage insurance on its motor vehicles, boats, trailers, real property improvements, buildings, furnishings, and such other assets as may be appropriate or practical, and/or as required by a granting entity.
SECTION 25. Of the funds appropriated under the provisions of Section 2, One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) shall be designated for the purpose of defraying the operational expenses of Special Projects. None of these funds shall be used for "Personal Services".
SECTION 26. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
SECTION 27. Of the funds appropriated under the provisions of Section 2, the Department of Wildlife, Fisheries and Parks is authorized to recruit, train and employ a number of conservation officer cadets at a total cost not to exceed Two Million Seven Hundred Forty-six Thousand Dollars ($2,746,000.00). The State Personnel Board is authorized to create any positions necessary to employ any cadets recruited and trained under the provisions of this section, into such Department of Wildlife, Fisheries and Parks Law Enforcement PIN's as shall be needed. The State Personnel Board is further authorized to adjust the projected annual cost to fully fund all appropriated positions to include any new law enforcement positions created herein and the personnel action(s) required to effect the recruitment, training and employment of new conservation officers shall not be considered to have increased the projected annual cost and/or the Fiscal Year 2015 appropriations for "Personal Services" when annualized as prohibited elsewhere in this act.
SECTION 28. Of the funds appropriated under the provisions of Section 2, One Million Seven Hundred Seventy-six Thousand Eight Hundred Forty-five Dollars ($1,776,845.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office, is provided as follows:
Law Enforcement Cadet Class.............. $ 1,400,000.00.
Wildlife for Heritage Museum............. $ 376,845.00.
SECTION 29. The department is authorized to establish an annual golf pass for Mississippi residents, as defined by Section 49-7-3, Mississippi Code of 1972, which will allow the holder of such pass to play golf at any golf course operated by the Mississippi Department of Wildlife, Fisheries and Parks, at reduced rates. The department shall have the authority to establish the fee for issuance of the annual golf pass. All funds generated from the sale of the Mississippi resident annual golf pass shall be deposited into the Mississippi Park Fund established by Section 55-3-41, Mississippi Code of 1972.
SECTION 30. Of the funds appropriated in Section 1, One Hundred Thirty Thousand Dollars ($130,000.00) may be provided for the purpose of providing matching funds for a project to improve the existing gravel 0.69 mile section of County Road 832 in Neshoba County, a county access road into the Nahih Waiya Wildlife Management Area.
SECTION 31. 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 32. This act shall take effect and be in force from and after July 1, 2014.