Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI LEGISLATURE 2026 Regular Session To: Appropriations By: Senator(s) Hopson, DeBar, McCaughn, Hartness, Suber, Tate, Thompson Senate Bill 3091 (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 2027. 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, 2026, and ending June 30, 2027.................................................. ............................................. $ 9,760,618.00. 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, 2026, and ending June 30, 2027........................................... ............................................ $ 19,451,814.00. 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, not more than the following amount of funds, with the exception of the provisions in this section, shall be expended only for "Personal Services," which includes "Vacancy Funding," for the following authorized number of employment headcount: FUNDING: General Funds: $ 8,221,236.00 Special Funds: $ 7,132,513.00 Total Funds: $ 15,353,749.00 PERSONAL SERVICES: Employee Salaries, Wages and Fringe Benefits: $ 15,020,289.00 Progressions: $ 0.00 Vacancy Funding: $ 333,460.00 Total Personal Services: $ 15,353,749.00 AUTHORIZED HEADCOUNT: Permanent: 221 Time-Limited: 13 As used in this section, the term "Personal Services" shall mean funds provided under the major object of expenditure category Personal Services for Salaries, Wages, and Fringe Benefits. Funds in this category shall not be transferred to any other category. It is the intention of the Legislature to ensure compliance with the Variable Compensation Plan, as outlined in Section 25-9-147, Mississippi Code of 1972. Payment from these funds shall be in accordance with the Variable Compensation Plan promulgated by the Mississippi State Personnel Board. It is the Legislature's intention that no employee's salary falls below the minimum salary established by the Mississippi State Personnel Board. The State Personnel Board shall determine and publish the projected annual cost of "Personal Services" based on monthly and year-to-date payroll expenditures in compliance with the provisions of this act. With the funds herein appropriated, it shall be the agency's responsibility to ensure that no single personnel action or combination of personnel actions, when annualized, exceeds the Fiscal Year 2027 appropriation for "Personal Services" with the exception of escalated funds. Further, it shall be the agency's responsibility to ensure that funds required to be appropriated for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2027 budget by the Mississippi Legislature. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken or will take an action that would cause the agency to exceed the funds appropriated in this act when annualized for Fiscal Year 2027 or increase the need for "Personal Services" for Fiscal Year 2028, when annualized, the State Personnel Board shall process no salary actions until such time as the requirements of the provisions of this section are met with the exception of new hires determined to be essential for the agency. When used in this section, "Vacancy Funding" shall mean funds included in the Total Personal Services amount listed above and designated for approved vacancies in Fiscal Year 2027. These funds are to be utilized to increase the number of filled headcounts that were authorized but unfilled as of the last day of Fiscal Year 2026. If the agency fills additional headcounts after March 1, 2026, until the end of Fiscal Year 2026, the amount of available Vacancy Funding may be proportionally adjusted to reflect the updated number of filled headcounts. The agency shall be responsible for ensuring that "Vacancy Funding" is used to increase headcounts and not for promotions, title changes, in-range salary adjustments, or any other mechanism for increasing salaries for current employees. 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 or increase the Personal Services total 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 headcounts without proof of availability of new or additional funds above the appropriated level. Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been accounted for and shall be converted to authorized time-limited headcounts. 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. If the agency's total authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's discretion as to what headcounts are removed. 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, 2026, and ending June 30, 2027............ ............................................. $ 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: FY2027 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 95.00 Percent of Agricultural and Non-Agricultural Record Inspections in Full Compliance 95.00 Museum Total Attendance 115,000 Number of Students in School Groups 16,000 Number of Private Revenue Generating Functions 450 Percent Change in Number of Private Revenue Generating Functions 3.00 Percent Change in Revenue from Private Functions 7.00 Percent Increase in Attendance from Prior Year 2.00 Percent Increase of School Students in Attendance from Prior Year 2.00 Revenue Generated from Functions 350,000.00 Regulatory Number of Retail Motor Fuel Devices Inspected 62,500 Number of Food Sanitation Inspections 3,900 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 30 Percent of Cases Prosecuted 20.00 Farmer's Market Number of Retail Spaces Rented (Average Per Week) 35 Amount of Revenue Generated through Rental Space Rented 55,000.00 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 520 Estimated Total Attendance 1,250,000 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 2028. 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 Dollars ($400,000.00), is provided for matching funds required for the Mississippi Healthy Food and Families Program as established in Section 57-10-731, Mississippi Code of 1972. 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 2026. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2028 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 2027 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, 2026, and ending June 30, 2027.................................. $ 1,100,000.00. SECTION 15. Of the funds appropriated in Section 2 of this act, Seven Hundred Fifty Thousand Dollars ($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 16. 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 17. It is the intention of the Legislature that the Department of Agriculture shall direct an employee or contractor to conduct inspections of peanuts to coincide with the statewide annual peanut harvest. SECTION 18. Of the funds appropriated in Section 1 of this act, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided for the operational expenditures of the Regulatory program at the Department of Agriculture and Commerce. SECTION 19. Of the funds provided in Section 2 of this act, Six Hundred Eighty-five Thousand Three Hundred Fifty Dollars ($685,350.00), or so much thereof as may be necessary, is provided for repairs and renovation of the State Fairgrounds including asphalt repair, barn lighting and plumbing. As a condition of expending these funds, the Department of Agriculture and Commerce shall prepare and submit a report to the Chairmen of the Appropriation Committees of the Senate and House of Representatives that details the expenditures made. This report shall first be submitted by January 15 of each fiscal year, containing the first two (2) quarters of expenditures, and a full fiscal year of expenditures report submitted no later than ninety (90) days after the conclusion of the fiscal year. SECTION 20. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the purpose of reauthorizing the expenditure of Capital Expense Funds as authorized in Senate Bill No. 2028, 2025 First Extraordinary Session, for elevator repair and replacement seating at the Kirk Fordice Equine Center for the fiscal year beginning July 1, 2026, and ending June 30, 2027. $ 233,556.00. Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balances as of June 30, 2026. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized. SECTION 21. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the purpose of reauthorizing the expenditure of Capital Expense Funds as authorized in Senate Bill No. 2028, 2025 First Extraordinary Session, for the purpose of lighting infrastructure at the barns located at the Mississippi State Fairgrounds, as well as repairs and maintenance of the Mississippi State Fairgrounds for the fiscal year beginning July 1, 2026, and ending June 30, 2027 ............................................... $ 50,000.00. Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balances as of June 30, 2026. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized. SECTION 22. Of the funds appropriated under the provisions of Section 2 of this act, Three Hundred Seventy-five Thousand Dollars ($375,000.00), 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 State Treasurer. These funds are provided to the Mississippi Department of Agriculture & Commerce for elevator repairs and replacement at the Kirk Fordice Equine Center. SECTION 23. Of the funds appropriated under the provisions of Section 2, Two Hundred Seventy Thousand Dollars ($270,000.00), 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 State Treasurer. These funds are provided to the Mississippi Department of Agriculture & Commerce for structural repairs to the Museum Cafe, Fire Suppression System for the Forestry Auditorium, and Floor Replacements at the Sparkman Building. SECTION 24. 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 25. This act shall take effect and be in force from and after July 1, 2026.
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