Bill Text: MS SB3036 | 2024 | Regular Session | Enrolled
Bill Title: Appropriation; Agriculture and Commerce, Department of.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2024-05-10 - Approved by Governor [SB3036 Detail]
Download: Mississippi-2024-SB3036-Enrolled.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, DeLano, Barnett, McCaughn, McLendon
Senate Bill 3036
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE DEPARTMENT OF AGRICULTURE AND COMMERCE FOR FISCAL YEAR 2025.
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 Commerce, including the Divisions of Support, Plant Industry, Farmers Central Market, Fair Commission, Livestock Coliseum, Industrial Showcase, and Trade Mart Building, for the fiscal year beginning July 1, 2024, and ending June 30, 2025..................................................
............................................ $ 9,805,062.00.
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 and Plant Industry, Farmers Central Market, Fair Commission, Livestock Coliseum, Industrial Showcase, Agriculture Museum, the Fairgrounds, Dixie National Rodeo and Trade Mart Building for the fiscal year beginning July 1, 2024, and ending June 30, 2025...........................................
............................................ $ 19,581,171.00.
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 this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 219
Time-Limited: 13
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required for Personal Services for Fiscal Year 2026 do not exceed Fiscal Year 2025 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2025 budget by the Mississippi Legislature. The Legislature shall determine the agency's personal services appropriation, which the State Personnel Board shall publish. The agency's personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2025 that may be utilized to fill vacant Fiscal Year 2024 headcount. It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees. It is the Legislature's intention that no employee salary falls below the minimum salary established by the Mississippi State Personnel Board.
Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees. It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2025 do not exceed the data provided by the Legislative Budget Office. If the agency's Fiscal Year 2025 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires determined to be essential for the agency.
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 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 the 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 addition to all other sums herein appropriated, 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, 2024, and ending June 30, 2025............
............................................. $ 1,100,000.00.
Of the special funds authorized in this section, 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, and Two Hundred Thousand Dollars ($200,000.00) shall be derived from funds received from the State Forestry Commission. 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 5. Of the funds appropriated in Section 2 of this act, 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. Of the funds appropriated in Section 2 of this act, Seventy-four Thousand Eight Hundred Five Dollars ($74,805.00) shall be provided for the support of the Mississippi Egg Marketing Board.
SECTION 7. 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:
FY2025
Performance Measures Target
Plant Industry
Number of Pesticide Related Inspections 2,000
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 Inspections in
Full Compliance 85.00
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 Attendance 100,000
Number of Students in School Groups 16,000
Number of Private Revenue Generating
Functions 400
Percent Change in Number of Private
Revenue Generating Functions 1.00
Percent Change in Revenue from Private
Functions 1.00
Percent Increase in Attendance from
Prior Year 1.00
Percent Increase of School Students in
Attendance from Prior Year 1.00
Revenue Generated from Functions 275,000
Regulatory
Number of Retail Motor Fuel Devices
Inspected 64,000
Number of Food Sanitation Inspections 4,700
Percent of Total Retail Motor Fuel
Devices Inspected 100.00
Percent of Total Retail Food Sanitation
Inspections 100.00
Percent of Consumer Complaints Answered
within 48 Hours 100.00
Marketing
Number of Persons Reached by Marketing Means 1,138,150
Percent Increase of Persons Reached by
Marketing Means 3.00
Administration
Maintain Administrative Cost at 18% of
Total Budget 25.00
Livestock Theft
Number of Cases Investigated 200
Number of Cases Cleared 60
Percent of Cases Prosecuted 25.00
Farmer's Market
Number of Retail Spaces Rented (Average
Per Week) 35
Amount of Revenue Generated through
Rental Space Rented 45,000.00
Seed Testing Lab
Number of Days to Run Cool Test 7
Number of Official Samples Collected 2,350
Number of Days for Germination Test
(Average Depending on Type of Seed) 20
Number of Hours to Evaluate TZ Test 1
Mississippi State Fairgrounds
Number of Event Days 315
Estimated Total Attendance 938,176
Egg Marketing Promotion
Percent Increase in the Number of Eggs
Purchased 2.00
Cost of Outreach in Relation to
Consumers Reached. (This Number is the
Percent of the Budget Dedicated to
Advertising) 80.00
Percent Increase of Consumption of Eggs 2.00
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 2026.
SECTION 8. 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 9. 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 a 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 10. 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 11. Of the funds appropriated in Section 2 of this act, Four Hundred Thousand ($400,000.00), is provided for matching funds required for the Mississippi Healthy Food and Families Program as established in Senate Bill No. 2077, 2022 Regular Session.
SECTION 12. 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 13. It is the intention of the Legislature that the Department of Agriculture and Commerce 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 2024. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2026 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 2025 budget request process.
SECTION 14. Of the funds appropriated in Section 2 of this act, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Department of Agriculture and Commerce from the proceeds collected from surety bonds posted under the "Mississippi Grain Warehouse Law" as provided by Section 75-44-1 et seq., Mississippi Code of 1972 and the "Mississippi Grain Dealers Law of 1978" as provided by Section 75-45-301 et seq., Mississippi Code of 1972 for the purpose of paying claimants under such laws from the fiscal year beginning July 1, 2024, and ending
June 30, 2025.................................. $ 1,100,000.00.
SECTION 15. Of the funds appropriated in Section 1 of this act, Four Hundred Thousand ($400,000.00), or so much thereof as may be necessary, is provided for roof replacement and other maintenance for Barn number (14) fourteen.
SECTION 16. Of the funds appropriated in Section 2 of this act, Six Hundred Eighty-five Thousand Three Hundred Fifty ($685,350.00), or so much thereof as may be necessary, is provided for the purchase of a freightliner and (3) three vehicles for Livestock Theft.
SECTION 17. Of the funds appropriated under the provisions of Section 2, Three Hundred Thousand ($300,000.00), or so much thereof as may be necessary, 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. These funds are provided for wireless capabilities at the Fairgrounds.
SECTION 18. Of the funds appropriated in Section 2 of this act, Seven Hundred Fifty Thousand ($750,000.00), or so much thereof as may be necessary, is provided for operational expenditures at the Mississippi Agriculture and Forestry Museum. The department may expend these funds for improvements to the museum and for marketing and promotion programs for the museum in a manner consistent with the museum's historical purpose.
SECTION 19. The Mississippi Department of Agriculture and Commerce is authorized to accept and expend any grant, donation, or contribution from any individual, public, or private organization, or government entity for purposes of defraying the operational costs of the department. Such grants, donations or contributions shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds not to exceed One Million Dollars ($1,000,000.00).
The Commissioner of Agriculture shall notify, in writing, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Appropriations Committee, the Chairman of the House Appropriations A Committee, and the Legislative Budget Office of any escalation. The written notification shall include the justification for the escalation of funds, the amount, and how the funds will be used. This written notification shall be sent on or before the fifteenth day of the month prior to the effective date of the escalation.
SECTION 20. 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 21. This act shall take effect and be in force from and after July 1, 2024.
