Appropriation; Agriculture and Commerce, Department of.

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To: Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hopson, DeBar, McCaughn,
Hartness, Suber, Tate, Thompson

SENATE BILL NO. 3091
(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING 1
THE EXPENSES OF THE STATE DEPARTMENT OF AGRICULTURE AND COMMERCE 2
FOR FISCAL YEAR 2027. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. The following sum, or so much thereof as may be 5
necessary, is hereby appropriated out of any money in the State 6
General Fund not otherwise appropriated, for the purpose of 7
defraying the expenses of the State Department of Agriculture and 8
Commerce, including the Divisions of Support, Plant Industry, 9
Farmers Central Market, Fair Commission, Livestock Coliseum, 10
Industrial Showcase, and Trade Mart Building, for the fiscal year 11
beginning July 1, 2026, and ending June 30, 2027.................. 12
................................................ $ 9,760,618.00. 13
SECTION 2. The following sum, or so much thereof as may be 14
necessary, is hereby authorized for expenditure out of any special 15
source funds, which are collected by or otherwise become available 16
for the purpose of defraying the expenses of the State Department 17
of Agriculture and Commerce, including the Divisions of Support 18
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and Plant Industry, Farmers Central Market, Fair Commission, 19
Livestock Coliseum, Industrial Showcase, Agriculture Museum, the 20
Fairgrounds, Dixie National Rodeo and Trade Mart Building for the 21
fiscal year beginning July 1, 2026, and ending June 30, 2027...... 22
............................................... $ 19,451,814.00. 23
The funds authorized for expenditure under the provisions of 24
this section include subscription fees produced from the Market 25
Bulletin and admission fees produced from the Mississippi 26
Agriculture and Forestry Museum. 27
SECTION 3. Of the funds appropriated under the provisions of 28
this act, not more than the following amount of funds, with the 29
exception of the provisions in this section, shall be expended 30
only for "Personal Services," which includes "Vacancy Funding," 31
for the following authorized number of employment headcount: 32
FUNDING: 33
General Funds: $ 8,221,236.00 34
Special Funds: $ 7,132,513.00 35
Total Funds: $ 15,353,749.00 36
PERSONAL SERVICES: 37
Employee Salaries, Wages and 38
Fringe Benefits: $ 15,020,289.00 39
Progressions: $ 0.00 40
Vacancy Funding: $ 333,460.00 41
Total Personal Services: $ 15,353,749.00 42
AUTHORIZED HEADCOUNT: 43
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Permanent: 221 44
Time-Limited: 13 45
As used in this section, the term "Personal Services" shall 46
mean funds provided under the major object of expenditure category 47
Personal Services for Salaries, Wages, and Fringe Benefits. Funds 48
in this category shall not be transferred to any other category. 49
It is the intention of the Legislature to ensure compliance 50
with the Variable Compensation Plan, as outlined in Section 51
25-9-147, Mississippi Code of 1972. Payment from these funds 52
shall be in accordance with the Variable Compensation Plan 53
promulgated by the Mississippi State Personnel Board. It is the 54
Legislature's intention that no employee's salary falls below the 55
minimum salary established by the Mississippi State Personnel 56
Board. 57
The State Personnel Board shall determine and publish the 58
projected annual cost of "Personal Services" based on monthly and 59
year-to-date payroll expenditures in compliance with the 60
provisions of this act. 61
With the funds herein appropriated, it shall be the agency's 62
responsibility to ensure that no single personnel action or 63
combination of personnel actions, when annualized, exceeds the 64
Fiscal Year 2027 appropriation for "Personal Services" with the 65
exception of escalated funds. Further, it shall be the agency's 66
responsibility to ensure that funds required to be appropriated 67
for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal 68
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Year 2027 funds appropriated for that purpose unless programs or 69
positions are added to the agency's Fiscal Year 2027 budget by the 70
Mississippi Legislature. 71
If, at the time the agency takes any action to change 72
"Personal Services," the State Personnel Board determines that the 73
agency has taken or will take an action that would cause the 74
agency to exceed the funds appropriated in this act when 75
annualized for Fiscal Year 2027 or increase the need for "Personal 76
Services" for Fiscal Year 2028, when annualized, the State 77
Personnel Board shall process no salary actions until such time as 78
the requirements of the provisions of this section are met with 79
the exception of new hires determined to be essential for the 80
agency. 81
When used in this section, "Vacancy Funding" shall mean funds 82
included in the Total Personal Services amount listed above and 83
designated for approved vacancies in Fiscal Year 2027. These 84
funds are to be utilized to increase the number of filled 85
headcounts that were authorized but unfilled as of the last day of 86
Fiscal Year 2026. If the agency fills additional headcounts after 87
March 1, 2026, until the end of Fiscal Year 2026, the amount of 88
available Vacancy Funding may be proportionally adjusted to 89
reflect the updated number of filled headcounts. The agency shall 90
be responsible for ensuring that "Vacancy Funding" is used to 91
increase headcounts and not for promotions, title changes, 92
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in-range salary adjustments, or any other mechanism for increasing 93
salaries for current employees. 94
Any transfers or escalations shall be made in accordance with 95
the terms, conditions, and procedures established by law or 96
allowable under the terms set forth within this act. The State 97
Personnel Board shall not escalate positions or increase the 98
Personal Services total without written approval from the 99
Department of Finance and Administration. The Department of 100
Finance and Administration shall not provide written approval to 101
escalate any funds for salaries and/or headcounts without proof of 102
availability of new or additional funds above the appropriated 103
level. Unless specifically noted, all Fiscal Year 2026 escalated 104
headcounts have been accounted for and shall be converted to 105
authorized time-limited headcounts. 106
No general funds authorized to be expended herein shall be 107
used to replace federal funds and/or other special funds used for 108
salaries authorized under the provisions of this act and which are 109
withdrawn and no longer available. 110
None of the funds herein appropriated shall be used in 111
violation of the Internal Revenue Service's Publication 15-A 112
relating to the reporting of income paid to contract employees, as 113
interpreted by the Office of the State Auditor. 114
If the agency's total authorized headcount decreases from 115
Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's 116
discretion as to what headcounts are removed. 117
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SECTION 4. In addition to all other sums herein 118
appropriated, the following sum, or so much thereof as may be 119
necessary, is hereby appropriated out of any money in the State 120
Treasury to the credit of the Beaver Control Program or from any 121
other special source funds made available to the Beaver Control 122
Program, to the Department of Agriculture and Commerce for the 123
support of the Beaver Control Program for the fiscal year 124
beginning July 1, 2026, and ending June 30, 2027.................. 125
................................................ $ 1,100,000.00. 126
Of the special funds authorized in this section, Six Hundred 127
Fifty Thousand Dollars ($650,000.00) shall be derived from funds 128
received from the Mississippi Department of Transportation and 129
from fees charged private persons/organizations, and Two Hundred 130
Thousand Dollars ($200,000.00) shall be derived from funds 131
received from the State Forestry Commission. A county in order to 132
participate must pay up to Seven Thousand Five Hundred Dollars 133
($7,500.00), and if any county wishes to pay any additional funds 134
than provided, those funds may be used only in said county. 135
SECTION 5. Of the funds appropriated in Section 2 of this 136
act, the following sum, or so much thereof as may be necessary, 137
shall be derived from the Mississippi Department of Agriculture 138
and Commerce - Fruit and Vegetable Revolving Fund, for the purpose 139
of defraying the expenses of the department..... $ 600,000.00. 140
SECTION 6. Of the funds appropriated in Section 2 of this 141
act, Seventy-four Thousand Eight Hundred Five Dollars ($74,805.00) 142
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shall be provided for the support of the Mississippi Egg Marketing 143
Board. 144
SECTION 7. In compliance with the "Mississippi Performance 145
Budget and Strategic Planning Act of 1994," it is the intent of 146
the Legislature that the funds provided herein shall be utilized 147
in the most efficient and effective manner possible to achieve the 148
intended mission of this agency. Based on the funding authorized, 149
this agency shall make every effort to attain the targeted 150
performance measures provided below: 151
FY2027 152
Performance Measures Target 153
Plant Industry 154
Number of Pesticide Related Inspections 2,000 155
Number of Marketplace Inspections in 156
Full Compliance 205 157
Number of Dealer Inspections in Full 158
Compliance 110 159
Number of Agricultural and 160
Non-Agricultural Pesticide Application 161
Inspections in Full Compliance 1,200 162
Number of Agricultural and 163
Non-Agricultural Record Inspections in 164
Full Compliance 350 165
Percent of Marketplace Inspections in 166
Full Compliance 85.00 167
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Percent of Dealer Inspections in Full 168
Compliance 96.00 169
Percent of Agricultural and 170
Non-Agricultural Pesticide Application 171
Inspections in Full Compliance 95.00 172
Percent of Agricultural and 173
Non-Agricultural Record Inspections in 174
Full Compliance 95.00 175
Museum 176
Total Attendance 115,000 177
Number of Students in School Groups 16,000 178
Number of Private Revenue Generating 179
Functions 450 180
Percent Change in Number of Private 181
Revenue Generating Functions 3.00 182
Percent Change in Revenue from Private 183
Functions 7.00 184
Percent Increase in Attendance from 185
Prior Year 2.00 186
Percent Increase of School Students in 187
Attendance from Prior Year 2.00 188
Revenue Generated from Functions 350,000.00 189
Regulatory 190
Number of Retail Motor Fuel Devices 191
Inspected 62,500 192
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Number of Food Sanitation Inspections 3,900 193
Percent of Total Retail Motor Fuel 194
Devices Inspected 100.00 195
Percent of Total Retail Food Sanitation 196
Inspections 100.00 197
Percent of Consumer Complaints Answered 198
within 48 Hours 100.00 199
Marketing 200
Number of Persons Reached by Marketing Means 1,138,150 201
Percent Increase of Persons Reached by 202
Marketing Means 3.00 203
Administration 204
Maintain Administrative Cost at 18% of 205
Total Budget 25.00 206
Livestock Theft 207
Number of Cases Investigated 200 208
Number of Cases Cleared 30 209
Percent of Cases Prosecuted 20.00 210
Farmer's Market 211
Number of Retail Spaces Rented (Average 212
Per Week) 35 213
Amount of Revenue Generated through 214
Rental Space Rented 55,000.00 215
Seed Testing Lab 216
Number of Days to Run Cool Test 7 217
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Number of Official Samples Collected 2,350 218
Number of Days for Germination Test 219
(Average Depending on Type of Seed) 20 220
Number of Hours to Evaluate TZ Test 1 221
Mississippi State Fairgrounds 222
Number of Event Days 520 223
Estimated Total Attendance 1,250,000 224
Egg Marketing Promotion 225
Percent Increase in the Number of Eggs 226
Purchased 2.00 227
Cost of Outreach in Relation to 228
Consumers Reached. (This Number is the 229
Percent of the Budget Dedicated to 230
Advertising) 80.00 231
Percent Increase of Consumption of Eggs 2.00 232
A reporting of the degree to which the performance targets 233
set above have been or are being achieved shall be provided in the 234
agency's budget request submitted to the Joint Legislative Budget 235
Committee for Fiscal Year 2028. 236
SECTION 8. The funds appropriated and authorized to be 237
expended under the provisions of this act shall be expended for 238
the purpose of defraying all expenses incurred by the State 239
Department of Agriculture and Commerce in the operation of all 240
programs and activities (except operation of the State Lime 241
Plants, Veterinary Laboratory, Pink Bollworm-Plant Quarantine 242
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Inspection Stations and Fire Ant Program) authorized to be 243
conducted and carried on by said department; including, but not 244
limited to: the administration of the Feed, Fertilizer and Dairy 245
Act; the Weights and Measures Act; the Meat Inspection Act of 246
1968; the Mississippi Pure Seed Law; and the following additional 247
programs and activities: enforcement of the egg law; publication 248
and distribution of the Mississippi Market Bulletin, agricultural 249
statistics, market news service at Stoneville, Mississippi; and 250
inspection, grading and certifying of fruits, vegetables, hay, 251
grain, meat and meat products, milk and dairy products, pecans, 252
seed and syrup. 253
SECTION 9. The Mississippi Department of Agriculture and 254
Commerce, with the assistance of the State Department of Audit and 255
the Department of Finance and Administration, shall establish a 256
budgeted enterprise funds for all "for-profit" activities related 257
to the Mississippi Agriculture and Forestry Museum. The funds 258
shall be maintained in accordance with generally accepted 259
accounting principles and regulations prescribed by the Department 260
of Finance and Administration. 261
SECTION 10. Of the funds provided by the provisions of this 262
act, it is the intent of the Legislature that not more than Thirty 263
Thousand Dollars ($30,000.00) shall be expended for the 264
Mississippi Senior Farmers' Market Nutrition Pilot Program, which 265
shall be established by the State Department of Agriculture and 266
Commerce to serve senior citizens above sixty (60) years of age 267
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who fall within one hundred thirty percent (130%) of the poverty 268
level. The Commissioner of Agriculture may promulgate rules and 269
regulations necessary to implement the Mississippi Senior Farmers' 270
Market Nutrition Pilot Program. 271
SECTION 11. Of the funds appropriated in Section 2 of this 272
act, Four Hundred Thousand Dollars ($400,000.00), is provided for 273
matching funds required for the Mississippi Healthy Food and 274
Families Program as established in Section 57-10-731, Mississippi 275
Code of 1972. 276
SECTION 12. It is the intention of the Legislature that 277
whenever two (2) or more bids are received by this agency for the 278
purchase of commodities or equipment, and whenever all things 279
stated in such received bids are equal with respect to price, 280
quality and service, the Mississippi Industries for the Blind 281
shall be given preference. A similar preference shall be given to 282
the Mississippi Industries for the Blind whenever purchases are 283
made without competitive bids. 284
SECTION 13. It is the intention of the Legislature that the 285
Department of Agriculture and Commerce shall maintain complete 286
accounting and personnel records related to the expenditure of all 287
funds appropriated under this act and that such records shall be 288
in the same format and level of detail as maintained for Fiscal 289
Year 2026. It is further the intention of the Legislature that 290
the agency's budget request for Fiscal Year 2028 shall be 291
submitted to the Joint Legislative Budget Committee in a format 292
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and level of detail comparable to the format and level of detail 293
provided during the Fiscal Year 2027 budget request process. 294
SECTION 14. Of the funds appropriated in Section 2 of this 295
act, the following sum, or so much thereof as may be necessary, is 296
appropriated out of any money in the State Treasury to the credit 297
of the Department of Agriculture and Commerce from the proceeds 298
collected from surety bonds posted under the "Mississippi Grain 299
Warehouse Law" as provided by Section 75-44-1 et seq., Mississippi 300
Code of 1972 and the "Mississippi Grain Dealers Law of 1978" as 301
provided by Section 75-45-301 et seq., Mississippi Code of 1972 302
for the purpose of paying claimants under such laws from the 303
fiscal year beginning July 1, 2026, and ending 304
June 30, 2027.................................... $ 1,100,000.00. 305
SECTION 15. Of the funds appropriated in Section 2 of this 306
act, Seven Hundred Fifty Thousand Dollars ($750,000.00), or so 307
much thereof as may be necessary, is provided for operational 308
expenditures at the Mississippi Agriculture and Forestry Museum. 309
The department may expend these funds for improvements to the 310
museum and for marketing and promotion programs for the museum in 311
a manner consistent with the museum's historical purpose. 312
SECTION 16. The Mississippi Department of Agriculture and 313
Commerce is authorized to accept and expend any grant, donation, 314
or contribution from any individual, public, or private 315
organization, or government entity for purposes of defraying the 316
operational costs of the department. Such grants, donations or 317
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contributions shall be received and expended under the rules and 318
regulations of the Department of Finance and Administration in a 319
manner consistent with the escalation of federal funds not to 320
exceed One Million Dollars ($1,000,000.00). 321
The Commissioner of Agriculture shall notify, in writing, the 322
Lieutenant Governor, the Speaker of the House of Representatives, 323
the Chairman of the Senate Appropriations Committee, the Chairman 324
of the House Appropriations A Committee, and the Legislative 325
Budget Office of any escalation. The written notification shall 326
include the justification for the escalation of funds, the amount, 327
and how the funds will be used. This written notification shall 328
be sent on or before the fifteenth day of the month prior to the 329
effective date of the escalation. 330
SECTION 17. It is the intention of the Legislature that the 331
Department of Agriculture shall direct an employee or contractor 332
to conduct inspections of peanuts to coincide with the statewide 333
annual peanut harvest. 334
SECTION 18. Of the funds appropriated in Section 1 of this 335
act, Two Hundred Fifty Thousand Dollars ($250,000.00) is provided 336
for the operational expenditures of the Regulatory program at the 337
Department of Agriculture and Commerce. 338
SECTION 19. Of the funds provided in Section 2 of this act, 339
Six Hundred Eighty-five Thousand Three Hundred Fifty Dollars 340
($685,350.00), or so much thereof as may be necessary, is provided 341
for repairs and renovation of the State Fairgrounds including 342
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asphalt repair, barn lighting and plumbing. As a condition of 343
expending these funds, the Department of Agriculture and Commerce 344
shall prepare and submit a report to the Chairmen of the 345
Appropriation Committees of the Senate and House of 346
Representatives that details the expenditures made. This report 347
shall first be submitted by January 15 of each fiscal year, 348
containing the first two (2) quarters of expenditures, and a full 349
fiscal year of expenditures report submitted no later than ninety 350
(90) days after the conclusion of the fiscal year. 351
SECTION 20. The following sum, or so much thereof as may be 352
necessary, is reappropriated out of any money in the Capital 353
Expense Fund not otherwise appropriated, for the purpose of 354
reauthorizing the expenditure of Capital Expense Funds as 355
authorized in Senate Bill No. 2028, 2025 First Extraordinary 356
Session, for elevator repair and replacement seating at the Kirk 357
Fordice Equine Center for the fiscal year beginning July 1, 2026, 358
and ending June 30, 2027.......................... $ 233,556.00. 359
Notwithstanding the amount reappropriated under the 360
provisions of this section, in no event shall the amount expended 361
exceed the unexpended balances as of June 30, 2026. In addition, 362
this reappropriation shall not change the purpose for which the 363
funds were originally authorized. 364
SECTION 21. The following sum, or so much thereof as may be 365
necessary, is reappropriated out of any money in the Capital 366
Expense Fund not otherwise appropriated, for the purpose of 367
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reauthorizing the expenditure of Capital Expense Funds as 368
authorized in Senate Bill No. 2028, 2025 First Extraordinary 369
Session, for the purpose of lighting infrastructure at the barns 370
located at the Mississippi State Fairgrounds, as well as repairs 371
and maintenance of the Mississippi State Fairgrounds for the 372
fiscal year beginning July 1, 2026, and ending June 30, 2027...... 373
.................................................. $ 50,000.00. 374
Notwithstanding the amount reappropriated under the 375
provisions of this section, in no event shall the amount expended 376
exceed the unexpended balances as of June 30, 2026. In addition, 377
this reappropriation shall not change the purpose for which the 378
funds were originally authorized. 379
SECTION 22. Of the funds appropriated under the provisions 380
of Section 2 of this act, Three Hundred Seventy-five Thousand 381
Dollars ($375,000.00), or so much thereof, shall be derived out of 382
any money in the State Treasury to the credit of the Capital 383
Expense Fund, as created in Section 27-103-303, Mississippi Code 384
of 1972, and allocated in a manner as determined by the State 385
Treasurer. These funds are provided to the Mississippi Department 386
of Agriculture & Commerce for elevator repairs and replacement at 387
the Kirk Fordice Equine Center. 388
SECTION 23. Of the funds appropriated under the provisions 389
of Section 2, Two Hundred Seventy Thousand Dollars ($270,000.00), 390
or so much thereof as may be necessary, shall be derived out of 391
any money in the State Treasury to the credit of the Capital 392
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ST: Appropriation; Agriculture and Commerce,
Department of.
Expense Fund, as created in Section 27-103-303, Mississippi Code 393
of 1972, and allocated in a manner as determined by the State 394
Treasurer. These funds are provided to the Mississippi Department 395
of Agriculture & Commerce for structural repairs to the Museum 396
Cafe, Fire Suppression System for the Forestry Auditorium, and 397
Floor Replacements at the Sparkman Building. 398
SECTION 24. The money herein appropriated shall be paid by 399
the State Treasurer out of any money in the State Treasury to the 400
credit of the proper fund or funds as set forth in this act, upon 401
warrants issued by the State Fiscal Officer; and the State Fiscal 402
Officer shall issue his warrants upon requisitions signed by the 403
proper person, officer or officers in the manner provided by law. 404
SECTION 25. This act shall take effect and be in force from 405
and after July 1, 2026. 406