Bill Text: MS SB2909 | 2016 | Regular Session | Engrossed
Bill Title: Appropriation; Department of Agriculture and Forestry.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Failed) 2016-04-05 - Died In Committee [SB2909 Detail]
Download: Mississippi-2016-SB2909-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Appropriations
By: Senator(s) Clarke, Hopson, Carmichael, Tindell, Jackson (11th)
Senate Bill 2909
(As Passed the Senate)
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE DEPARTMENT OF AGRICULTURE AND FORESTRY, FOR THE FISCAL YEAR 2017.
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 State Department of Agriculture and Forestry for the fiscal year beginning July 1, 2016, and ending June 30, 2017...... $ 26,213,570.00.
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 Forestry, for the fiscal year beginning July 1, 2016, and ending June 30, 2017............................... $ 30,538.311.00.
SECTION 3. Of the funds appropriated under the provisions of Section 1 of this act and authorized for expenditure under the provisions of Section 2 of this act, not more than the amounts set forth below shall be expended:
AGRICULTURE AND COMMERCE
FUNDING:
General Funds............................ $ 7,539,961.00
Special Funds............................. 8,276,477.00
Total.............................. $ 15,816,438.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time......... 230
Part Time........... 2
Time-Limited: Full Time.......... 19
Part Time........... 0
FORESTRY
FUNDING:
General Funds........................... $ 17,161,291.00
Special Funds............................ 13,210,701.00
Total.............................. $ 30,371,992.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time......... 450
Part Time........... 2
Time-Limited: Full Time........... 7
Part Time........... 0
ANIMAL HEALTH
FUNDING:
General Funds............................ $ 1,247,587.00
Special Funds............................... 635,824.00
Total............................... $ 1,883,411.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time.......... 22
Part Time........... 0
Time-Limited: Full Time........... 6
Part Time........... 0
FAIR COMMISSION
FUNDING:
General Funds........................... $ 0
Special Funds............................. 6,029,263.00
Total............................... $ 6,029,263.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time.......... 16
Part Time.......... 42
Time-Limited: Full Time........... 0
Part Time........... 0
DIXIE NATIONAL RODEO
FUNDING:
General Funds............................ $ 0
Special Funds............................... 954,150.00
Total................................. $ 954,150.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
COUNTY LIVESTOCK SHOWS
FUNDING:
General Funds.............................. $ 264,731.00
Special Funds................................ 20,000.00
Total................................. $ 284,731.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
REGISTERED FORESTERS
FUNDING:
General Funds........................... $ 0
Special Funds........................... _____ 39,130.00
Total.............................. $ 39,130.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
VETERINARY MEDICINE
FUNDING:
General Funds........................... $ 0
Special Funds............................. 197,961.00
Total.............................. $ 197,961.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
EGG MARKETING
FUNDING:
General Funds........................... $ 0
Special Funds............................. 74,805.00
Total.............................. $ 74,805.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
BEAVER CONTROL
FUNDING:
General Funds........................... $ 0
Special Funds............................. 1,100,000.00
Total.............................. $ 1,100,000.00
With the funds appropriated for this budget, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited: Full Time........... 0
Part Time........... 0
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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
SECTION 4. 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:
FY2017
Performance Measures Target
Plant Industry
Number of Pesticide Related inspections 500
Number of Marketplace Inspections in Full
Compliance 205
Number of Dealer Inspections in Full
Compliance 110
Number of Agricultural and Non-Agricultural
Pesticide Application Inspections in
Full Compliance 1,200
Number of Agricultural and Non-Agricultural
Record Inspections in Full Compliance 350
Percent of Marketplace Inspection in Full
Compliance (%) 95.00
Percent of Dealer Inspections in Full
Compliance (%) 96.00
Percent of Agricultural and Non-Agricultural
Pesticide Application Inspections in Full
Compliance (%) 93.00
Percent of Agricultural and Non-Agricultural
Record Inspections in Full Compliance (%) 95.00
Museum
Total Number in Attendance 155,000
Baseline FY 2012: 157,393
Number of Students in School Groups 15,000
Number of Private Revenue Generating
Functions 600
Revenue Generated from Functions ($) 300,000.00
Percentage Change in Number of Private
Revenue Generating Functions (%) 1.00
Percentage Change in Revenue from
Private Functions (%) 1.00
Percentage Increase in Attendance from Prior
Year (%) 2.00
Percentage Increase of School Students in
Attendance from Prior Year (%) 1.00
Regulatory
Number of Retail Motor Fuel Devices Inspected 52,000
Number of Food Sanitation Inspections 6,900
Percent of Total Retail Motor Fuel Devices
Inspected (%) 100.00
Percent of Total Retail
Food Sanitation Inspections (%) 100.00
Percentage of Consumer Complaints
Answered Within 48 Hours (%) 97.00
Marketing
Number of Persons Reached by
Marketing Means 1,138,150
Percentage Increase of Persons Reached by
Marketing Means (%) 3.00
Administration
Maintain Administration Cost at 18% of
Total Budget (%) 19.00
Livestock Theft
Number of Cases Investigated 350
Number of Cases Cleared 36
Percentage of Cases Prosecuted (%) 10.00
Farmer's Market
Percent of Retail Spaces Rented Based
on Seasonal Availability of Produce (%) 85.00
Baseline FY 2012: 32%
Amount of Revenue Generated through
Rental Space Rented ($) 45,000.00
Seed Testing Lab
Number of Days to Run Cool Test 7.00
Number of Official Samples Collected 2,350.00
Number of Days for Germination Test
(Average Depending on Type of Seed) 20.00
Number of Hours to Evaluate TZ Test 1.00
Forest Protection & Information
Average Suppresssion Time 2.00
(Hours from Detection to Control)
Citations Issued for Starting Wildfire (Num) 5
Arrests for Felony Woods Arson (Num) 5
Wildland Firefighting Related Equipment
Provided to Local Firefighting Partners(Nu 120
Wildfire Prevention Programs to Public (Num) 200
Forest Management
Private Landowners Assisted 5,610
Acres Monitored for Insect, Storm or Disease 18,600,000
Private Land Reforested (Acres) 17,340
Change in Timber Sale Revenue on
School Trust Lands 23,000,000.00
Change in Timber Sale Revenue on
Other Public Lands 488,000.00
MS Inst Of Forest Inventory
Re-inventory State Forest
Lands (% of Regions) 20.00
Increase Percentage of Re-inventory of
State Forest Land (%) 20.00
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 2018.
SECTION 5. Of the funds appropriated in Section 2, the following sum, or so much thereof as may be necessary, shall be derived from the Mississippi Department of Agriculture and Commerce - Fruit and Vegetable Revolving Fund, for the purpose of defraying the expenses of the department..................................... $ 600,000.00.
SECTION 6. 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 Measures 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; and inspection, grading and certifying of fruits, vegetables, hay, grain, meat and meat products, milk and dairy products, pecans, seed and syrup.
SECTION 7. The Mississippi Department of Agriculture and Forestry, with the assistance of the State Department of Audit and the Department of Finance and Administration, shall establish nonbudgeted 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 8. Of the special funds authorized in this act, Six Hundred Fifty Thousand Dollars ($650,000.00) shall be derived from funds received from the Mississippi Department of Transportation and from fees charged private persons/organizations. A county in order to participate must pay up to Seven Thousand Five Hundred Dollars ($7,500.00) and if any county wishes to pay any additional funds than provided, those funds may be used only in said county.
SECTION 9. Of the funds provided by the provisions of this act, it is the intent of the Legislature that not more than Thirty Thousand Dollars ($30,000.00) shall be expended for the Mississippi Senior Farmers' Market Nutrition Pilot Program, which shall be established by the State Department of Agriculture and Commerce to serve senior citizens above sixty (60) years of age who fall within one hundred thirty percent (130%) of the poverty level. The Commissioner of Agriculture may promulgate rules and regulations necessary to implement the Mississippi Senior Farmers' Market Nutrition Pilot Program.
SECTION 10. There is created in the State Treasury a fund designated as the Volunteer Fire Department Equipment Conversion Revolving Fund to be used by the State Forestry Commission to assist in the conversion of vehicles acquired by the State Forestry Commission through the Federal Excess Personal Property Program or by volunteer fire departments through other means to adapt them for use in the suppression of wildland fires. This assistance shall be in the form of fabrication of water tanks or other accessories necessary for the operation of fire suppression units, installation of piping and valves, painting or other similar or associated component work necessary to place fire suppression equipment into service. It is not for general vehicle maintenance or repair.
The Volunteer Fire Department Equipment Conversion Revolving Fund shall be funded by monies received from charges for work and services performed for volunteer fire departments by the State Forestry Commission. Monies collected from such charges shall be deposited into the Volunteer Fire Department Equipment Conversion Revolving Fund. The State Treasurer shall make disbursements therefrom for payment of materials, supplies and labor upon requisition of the Forestry Commission and upon the issuance of warrants therefor by the Department of Finance and Administration.
The amount of monies deposited into the Volunteer Fire Department Equipment Conversion Fund through this work shall not exceed Fifty Thousand Dollars ($50,000.00). Funds in excess of Fifty Thousand Dollars ($50,000.00) shall be placed in the State Forestry Commission's regular appropriated special funds. Monies in this revolving fund are to be considered special funds and shall be carried forward from one fiscal year to the next.
SECTION 11. There is created in the State Treasury a fund designated as the Camden State Forest Revolving Fund to be used by the State Forestry Commission to direct forest management activities on the Camden State Forest in Madison County, Mississippi. The forest management activities will include, but not be limited to, maintenance of property, timber sale activities and regeneration work.
The Camden State Forest Revolving Fund shall be funded by monies received from timber sales, leases, and any other source. Monies collected from these income sources shall be deposited into the Camden State Forest Revolving Fund. The State Treasurer shall make disbursements therefrom for payments of materials, supplies and labor upon requisition of the State Forestry Commission and upon the issuance of warrants therefor by the Department of Finance and Administration.
It is the intention of the Legislature that any revolving funds in excess of the budgeted amount needed for the necessary operation and maintenance of all properties under the direct supervision and management of the State Forestry Commission shall remain in the Camden State Forest Revolving Fund for use in future years.
SECTION 12. Of the funds appropriated in this act, Three Hundred Fifty Thousand Dollars ($350,000.00) is authorized for the Mississippi Institute of Forest Inventory (MIFI).
SECTION 13. No operation, maintenance or service contracts, agreements or obligations for commodities, concessions, or catering services, shall be entered into or renewed by this agency for a period of more than three (3) years nor unless said contracts, agreements or obligations have been made in accordance with Sections 31-7-11, 31-7-13, 31-7-55 and 31-7-57, Mississippi Code of 1972.
SECTION 14. It is the intention of the Legislature that the Mississippi Fair Commission shall have the authority to advertise, bid and enter into multiyear contracts for the purpose of renting or leasing to such entity the right to place a sign on such property under the commission's domain, in accordance with any such rules and regulations of the Bureau of Building, Grounds and Real Property Management. All proceeds generated from these activities shall remain with the commission and shall be deposited into the proper special fund for the purpose of marketing and the support of youth livestock shows.
SECTION 15. Of the funds appropriated herein, the following sums are to be administered as follows:
(a) For the support of annual roundup shows for junior exhibitors of junior steers, junior breeding cattle, beef cattle, dairy cattle, hogs, sheep and goats, for the fiscal year beginning July 1, 2016, and ending June 30, 2017.................................. $ 64,382.00.
(b) To supplement the funds paid by the Mississippi Fair Commission for livestock premiums at the State Fair, all livestock premiums to be paid on the American system of judging (1st, 2nd, 3rd, 4th, etc.) on all classes entered in the senior division for the fiscal year beginning July 1, 2016, and ending June 30, 2017.......... $ 27,013.00.
(c) For the county livestock shows in offering and paying prizes or awards to competitors in the approved county livestock shows of Mississippi, for the fiscal year beginning July 1, 2016, and ending June 30, 2017................................... $ 20,855.00.
Provided, however, that of the amount herein appropriated in paragraph (c), not more than One Thousand Dollars ($1,000.00) shall be expended or used in any one (1) county of the state during each fiscal year. Provided, further, that none of the monies herein appropriated in paragraph (c) shall be used in offering or paying prizes or awards for any livestock show that is not held where there are adequate barns, pens and other facilities available for such a show.
Provided, further, in paragraph (c) that the management of such shows shall be in the hands of a county livestock association, and such association shall guarantee a minimum amount of Five Hundred Dollars ($500.00) to be used in the paying of prizes, premiums or awards, and after said county show has been held and premiums paid, fifty percent (50%) of the amount, not exceeding One Thousand Dollars ($1,000.00), shall be paid upon requisition to the Mississippi Fair Commission.
Provided, further, in paragraph (c) that in any county which has two (2) shows with proper facilities, and a contiguous county has no such fair and desires to participate in a fair to be held in an adjoining county, each of the two (2) fairs in one (1) county may receive an equal proportion of the funds hereby appropriated, provided, both shows shall not receive an aggregate sum of more than One Thousand Dollars ($1,000.00).
(d) For the purpose of offering awards and prizes to competitors in the five (5) district livestock shows, for the fiscal year beginning July 1, 2016, and ending June 30, 2017.........................
................................................ $ 64,929.00.
(e) For the purpose of offering awards and prizes to competitors in the five (5) state dairy shows as provided in Section 69-5-101 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2016, and ending June 30, 2017...........................................
................................................ $ 14,429.00.
Provided, further, that no part of the money herein appropriated under the provisions of paragraphs (d) and (e) shall be used for any other purpose than to pay premium awards at said shows and state shows and expositions receiving legislative appropriation shall not conflict in dates in order that livestock exhibitors may make the circuit of shows. Provided, further, that none of the above-mentioned funds shall be paid to any district shows unless shows are held prior to roundup.
Not less than seventy-five percent (75%) of the funds herein appropriated under the provisions of paragraphs (d) and (e) shall be used in awarding prizes or premiums to 4-H Club members and Smith-Hughes School members and other boys and girls having entries in said shows.
All funds herein appropriated under the provisions of paragraphs (d) and (e) for the five (5) district livestock shows and the five (5) fall state dairy shows shall be distributed in such manner that the livestock exhibitors will each draw equal premium awards for comparable grades and placings at each of the said five (5) district spring shows and the five (5) fall state shows. The management of each district spring show and each state fall show shall submit to the Mississippi Fair Commission, within fifteen (15) days after the close of each said show, a full report on the number of exhibitors at each said show, with the grades and placings of the different classes of livestock exhibited.
The Executive Secretary of the Mississippi Fair Commission, together with a committee of three (3) to be named by the President of the Mississippi Livestock Council from that organization, shall summarize and prepare a unified list of awards for like classes in all spring district livestock shows and fall state dairy shows receiving state premium money, as authorized in paragraphs (d) and (e). The Executive Secretary and Chairman of the Mississippi Fair Commission shall approve and present a requisition to the State Fiscal Officer for the payment of the amount of funds in paragraphs (d) and (e) due each show and said State Fiscal Officer shall issue his warrant thereon, and it shall be paid by the State Treasurer.
Provided, however, as a condition of expenditure of the funds appropriated in paragraphs (d) and (e), that the board of directors of any district livestock show may, in its discretion, choose to hold its show in the fall instead of the spring. If district shows are held in both spring and fall, then all funds herein appropriated for the five (5) district livestock shows shall be distributed in such a manner that the spring livestock exhibitors will each draw equal premium awards for comparable grades and placings at each district spring show, and the fall livestock exhibitors will each draw equal premium awards for comparable grades and placings at each district fall show.
(f) For promotion and expenses of the winners of the Mississippi High School Rodeo for attending the national finals, for the fiscal year beginning July 1, 2016, and ending June 30, 2017 $ 19,980.00.
(g) For the support of the NCHA Eastern National Championship, for the fiscal year beginning July 1, 2016, and ending June 30, 2017 $ 53,143.00.
SECTION 16. Of the funds appropriated herein, the following sums are to be administered as follows:
(1) For the Mississippi Round-Up.............. $ 3,272.86.
(2) For the State Fair Junior Premiums........ $ 3,837.14.
(3) For the County Livestock Shows............ $ 2,415.24.
(4) For the District Livestock Shows.......... $ 3,353.81.
(5) For the State Fall Dairy Shows............ $ 3,868.10.
(6) For the High School Rodeo................. $ 3,252.85.
SECTION 17. The Commissioner of Agriculture and Forestry shall have the authority to transfer any funds appropriated herein from any division within the Department of Agriculture and Forestry to any other division of the Department of Agriculture and Forestry during Fiscal Year 2017.
SECTION 18. It is the intention of the Legislature that the Department of Agriculture and Forestry 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 2016. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2018 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 2017 budget request process.
SECTION 19. 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 20. 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 21. 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 22. This act shall take effect and be in force from and after July 1, 2016.
