Bill Text: MS HB1625 | 2010 | Regular Session | Enrolled
Bill Title: Appropriation; Department of Wildlife, Fisheries and Parks.
Spectrum: Moderate Partisan Bill (Democrat 11-3)
Status: (Passed) 2010-05-21 - Approved by Governor [HB1625 Detail]
Download: Mississippi-2010-HB1625-Enrolled.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Appropriations
By: Representatives Eaton, Huddleston (30th), Arinder, Brown, Dedeaux, Dickson, Hamilton (109th), Holland, Malone, Read, Reynolds, Scott, Warren, Weathersby
House Bill 1625
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS FOR THE FISCAL YEAR 2011.
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, 2010, and ending June 30, 2011................................................
.......................................... $ 6,618,268.00.
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, including the Museum of Natural Science and the Bureau of Parks and Recreation, for the fiscal year beginning July 1, 2010, and ending June 30, 2011.......................
.......................................... $ 66,188,184.00.
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, 2010, and ending June 30, 2011 $ 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. 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 2011.
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, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits... $ 37,181,284.00
FUNDING:
General Funds......................... $ 6,618,268.00
Special Funds.......................... 66,188,184.00
Total............................ $ 72,806,452.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 706
Part Time............ 103
Time-Limited: Full Time............ 45
Part Time............ 0
Unless otherwise authorized in this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, educational benchmark, career ladder, equity salary adjustment, or any other means to increase salaries of employees or positions unless specifically exempted by the following conditions: 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 based on information provided to the State Personnel Board by the Legislative Budget Office; the immediate replacement of a departing employee with an employee from within state service at a salary level of the departing employee or the Fiscal Year 2011 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 a new hire associated with the American Recovery and Reinvestment Act of 2009. All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.
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 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 2010. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2012 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 2011 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:
FY2011
Performance Measures Target
Support Services
Hunting & Fishing Licenses Sold (Licenses) 590,000
Registration of Boats (Boats) 70,000
Freshwater Fisheries Mgmt
Fish Stock for Public Water (Fish) 2,500,000
Users of DWFP Lakes (Man-days) 40,000
Game Management
DMAP Cooperators 650
DWFP Management for Hunters (Man-days) 160,000
Law Enforcement
Hunter Education (Persons) 16,000
Motor Vehicle
Vehicles Purchased (Vehicles) 48
Used Vehicle Sales (Vehicles) 55
Parks & Recreation
Overnight Accommodations (Persons) 577,502
Water Related Services (Persons) 69,000
Day Use Services (Persons) 2,500,000
Facilities Repair Prjs (Projects) 30
Historical & Nature Services (Persons) 87,000
Museum Of Natural Science
Information Provided (Participants) 108,000
Participants in Museum Prjs (Persons) 259,000
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 2012.
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 in Section 2 and authorized in Section 9, an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) shall be used to construct signage at the entrance at each Wildlife Management Area, containing current Wildlife Management Area rules and regulations, and the district commissioner for said Wildlife Management Area.
SECTION 11. 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 12. 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 13. 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 Three Million Dollars ($3,000,000.00), that may become available to the department in accordance with the rules and regulations of the Department of Finance and Administration.
SECTION 14. 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 15. 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 16. 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 17. 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 18. The Department of Wildlife, Fisheries and Parks shall transfer funds from the Office of Parks and Recreation, at the sole discretion of the Executive Director of the department, to the Mississippi Development Authority, Division of Tourism, for the purpose of advertising and promoting the state parks.
SECTION 19. Of the funds appropriated in Section 1, it is the intention of the Legislature that the following amount shall be available to defray the expenses of the Museum of Natural Science:
General Funds.............................. $2,459,170.00
Of the positions authorized in Section 5, it is the intention of the Legislature that the following positions are provided to the Museum of Natural Science:
Permanent: Full Time.................. 27
Part Time................... 0
Time-Limited: Full Time.................. 13
Part Time................... 0
SECTION 20. Of the funds appropriated in Section 1, it is the intention of the Legislature that the following amount shall be available to defray the expenses of the Bureau of Parks and Recreation:
General Funds............................. $ 4,159,098.00
Of the positions authorized in Section 5, it is the intention of the Legislature that the following positions are provided to the Bureau of Parks and Recreation:
Permanent: Full Time................. 206
Part Time.................. 88
Time-Limited: Full Time................... 0
Part Time................... 0
SECTION 21. Of the funds appropriated herein, One Hundred Fifty Thousand Dollars ($150,000.00) shall be provided to fund the Youth Participation Initiative for the purpose of educating children in the areas of hunting, fishing, conservation, and safety.
SECTION 22. Of the funds appropriated in Section 2 and allocated herein, Five Hundred Thousand Dollars ($500,000.00) shall be derived from the state excise taxes upon gasoline, oil and other petroleum products and shall be used to support the Museum of Natural Science.
SECTION 23. 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 24. The Department of Wildlife, Fisheries and Parks is authorized to (a) transfer any information and research regarding construction of a lake and related structures and facilities in George County, Mississippi, to the Pat Harrison Waterway District and (b) transfer any bond proceeds allocated for the construction of a lake and related structures and facilities in George County as provided in Chapter 464, Laws of 1999, as amended by Chapter 386, Laws of 2000, to the Pat Harrison Waterway District upon entering into a memorandum of understanding.
SECTION 25. It is the intent of the Legislature that the Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to advertise, bid and enter into multi-year contracts for the purpose of renting or leasing to such entity the right to place a sign on such property under the Department's domain, in accordance with any such rules and regulations of the Bureau of Buildings. All proceeds generated from these activities shall remain with the Department and shall be deposited into the proper special fund. Further, such funds shall be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.
SECTION 26. It is the intention of the Legislature that the agency shall compile cell phone usage records of any cellular phone (wireless communication device) that is assigned, issued or made available to any officer or employee in accordance with Section 25-53-191, Mississippi Code of 1972, and these records shall be made publicly available at the expense of the agency.
SECTION 27. It is legislative intent to ensure beneficial information reaches as many Mississippians as possible. Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.
Therefore, state agencies as standard procedure will observe the following criteria:
(a) Develop goals and desired result for a campaign.
(b) Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.
(c) Seek public service announcements, which would be aired by media without cost.
(d) Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.
(e) Utilize Mississippi-owned media companies when feasible.
SECTION 28. It is the intention of the Legislature that this agency shall have the authority to receive, budget and expend funds from any source that may become available to them as a result of the passage of the American Recovery and Reinvestment Act of 2009 in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
The Executive Director of the Department of Finance and Administration shall have the authority to approve escalations of funds and employee positions using funds from any source available due to the passage of the American Recovery and Reinvestment Act of 2009.
The Executive Director of the Department of Finance and Administration shall immediately send notice of the approval of such budget escalation to the House of Representatives Appropriations Committee, the Senate Appropriations Committee and the Legislative Budget Office. Within fifteen (15) days of such approval, the Executive Director of the Department of Finance and Administration shall ensure that the Legislative Budget Office receives detailed and accurate information about the amount and use of federal and special source funds by state agencies as a result of the passage of the American Recovery and Reinvestment Act of 2009.
SECTION 29. No former employee who is receiving State of Mississippi retirement benefits shall be hired under contract for an amount exceeding Twenty Thousand Dollars ($20,000.00) a year without prior approval by an agency's proper governing board or authority. Upon approval of such contracts, a written report shall be submitted detailing the cost and need of such contract services to the Chairmen and members of the Senate and House Appropriations Committees.
SECTION 30. 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 31. It is the intention of the Legislature that a portion of the funds appropriated in Section 2 of this act be used to establish a joint task force to enforce current game and fish laws and policies as they apply to the Homochitto National Forest.
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, 2010.
