February 18, 1999, Introduced by Reps. Pumford, Jelinek, Caul, Mead, Jellema, Toy, Kukuk, Godchaux, Byl, Geiger, Pappageorge, Jansen, LaSata and Scranton and referred to the Committee on Appropriations.
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 101. Subject to the conditions set forth in this bill, the amounts listed in this part are appropriated for the department of agriculture for the fiscal year ending September 30, 2000, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF AGRICULTURE
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 598.5
GROSS APPROPRIATION $ 86,327,100
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers 8,571,900
ADJUSTED GROSS APPROPRIATION $ 77,755,200
Federal revenues:
Total federal revenues 5,379,900
Special revenue funds:
Total local revenues 0
Total private revenues 741,900
Total other state restricted revenues 30,749,500
State general fund/general purpose $ 40,883,900
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 9.0
Commission and boards $ 63,300
Unclassified positions 477,200
Executive direction--4.0 FTE positions 417,700
Statistical reporting service--5.0 FTE positions 450,400
Project GREEEN 6,000,000
GROSS APPROPRIATION $ 7,408,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCIS nonretail liquor revenue 8,800
Special revenue funds:
Michigan state fair revenue 75,600
Upper Peninsula state fair revenue 9,000
State general fund/general purpose $ 7,315,200
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 58.0
Management services--58.0 FTE positions $ 4,535,200
Property management charges 1,023,300 Rent 289,700
GROSS APPROPRIATION $ 5,848,200
Appropriated from:
Special revenue funds:
Gasoline inspection and testing fund 51,000
Licensing and inspection fees 62,100
Industry support 5,000
State general fund/general purpose $ 5,730,100
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions 112.0
Food safety and quality assurance--112.0 FTE
positions $ 8,984,300
Local public health operations 7,888,300
GROSS APPROPRIATION $ 16,872,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH local public health operations 7,888,300
Federal revenues:
DAG-AMS, cooperative agreement 22,500
HHS-FDA 183,600
Special revenue funds:
Civil penalties 60,000
Food handler licensing fees 1,339,700
Licensing and inspection fees 553,200
State general fund/general purpose $ 6,825,300
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions 26.0
Animal health and welfare--26.0 FTE positions $ 2,159,600
GROSS APPROPRIATION $ 2,159,600
Appropriated from:
Federal revenues:
HHS-FDA 9,000
Special revenue funds:
Licensing and inspection fees 33,400
Pseudorabies and swine brucellosis fund 87,100
State general fund/general purpose $ 2,030,100
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions 131.3
Pesticide and plant pest management--131.3 FTE
positions $ 11,781,000 Disease and pest intervention fund 341,800
Michigan State University 210,000
GROSS APPROPRIATION $ 12,332,800
Appropriated from:
Federal revenues:
DAG-AMS, cooperative agreement 35,300 DAG-APHIS, plant and animal disease and pest
control 34,600
DAG-FS, multiple grants 2,011,200
EPA-OECA, pesticides enforcement program
grants 974,000
HHS-FDA 15,400
Special revenue funds:
Commodity inspection fees 991,500
Licensing and inspection fees 2,053,000
State general fund/general purpose $ 6,217,800
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions 40.0
Environmental stewardship--30.0 FTE
positions $ 2,702,600
Groundwater and freshwater protection program
--10.0 FTE positions 5,152,000
Energy conservation program 138,000
Forest stewardship program 100,000
Local soil conservation districts 1,400,000
Migrant labor housing 300,000
GROSS APPROPRIATION $ 9,792,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDEQ sewage sludge fund 70,000
IDG-MDEQ type II well survey 15,000
Federal revenues:
DAG-NRCS 250,000
DAG-FS, multiple grants 100,000
EPA-OW 236,300
EPA-RCRA 165,000
Special revenue funds:
Private - oil company overcharge settlement 193,900
Industry support 40,000
Groundwater and freshwater protection fund 4,902,000
State general fund/general purpose $ 3,820,400
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions 127.0
Laboratory analysis program--71.5 FTE positions $ 5,498,100
Pesticide data program--11.0 FTE positions 1,096,500
Consumer protection program--44.5 FTE positions 3,304,000
GROSS APPROPRIATION $ 9,898,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCIS (LCC) liquor quality testing fees 155,300
Federal revenues:
DAG-AMS, cooperative agreement 1,096,500
DAG-APHIS, plant and animal disease and pest
control 20,400
Special revenue funds:
Private - oil company overcharge settlement 548,000
Agriculture equine industry development fund 500,000
Gasoline inspection and testing fund 1,918,000
Testing fees 167,100
Weights and measures regulation fees 323,400
State general fund/general purpose $ 5,169,900
Sec. 109. MARKET DEVELOPMENT
Full-time equated classified positions 20.5
Marketing and emergency management--15.5 FTE
positions $ 2,199,200
Agriculture development--5.0 FTE positions 907,900
Food bank 725,000
Grown in Michigan 100,000
Michigan festivals 50,000
Northwest Michigan horticultural research
station 41,800
Southwestern Michigan tourist council - taste
of Michigan 60,400
Future farmers of America 40,000
GROSS APPROPRIATION $ 4,124,300
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCIS (LCC) nonretail liquor license
fees 434,500
Federal revenues:
DAG-ERS-ARED 126,100
DAG, federal/state marketing improvement
program 100,000
Special revenue funds:
Industry support funds 225,000
State general fund/general purpose $ 3,238,700
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions 35.0
State fair operations--22.0 FTE positions $ 6,276,600
Fairs and racing--5.0 FTE positions 507,200
Upper Peninsula state fair--8.0 FTE positions 1,122,000
Building and track improvements--county and
state fairs 416,400
Premiums--county and state fairs 1,611,200
Purses and supplements--fairs and licensed tracks 1,536,900
Standardbred Fedele Fauri futurity 51,000
Standardbred Michigan futurity 51,000
Standardbred breeders' awards 785,300
Standardbred purses and supplements--licensed
tracks 169,200
Standardbred training and stabling 23,400
Thoroughbred program 1,019,500
Thoroughbred owners' awards 83,500
Sire stakes program 1,130,700
Quarterhorse programs 21,200
Licensed tracks - light horse racing 41,100
Draft horse show 43,600
GROSS APPROPRIATION $ 14,889,800
Appropriated from:
Special revenue funds:
Agriculture equine industry development funds 6,984,000
State fair revenue 6,364,100
Upper Peninsula state fair revenue 1,005,300
State general fund/general purpose $ 536,400
Sec. 111. OFFICE OF RACING COMMISSIONER
Full-time equated classified positions 39.7
Office of racing commissioner--39.7 FTE positions $ 3,000,000
GROSS APPROPRIATION $ 3,000,000
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund 3,000,000
State general fund/general purpose $ 0
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1 for fiscal year 1999-2000 is $71,633,400.00 and state appropriations to be paid to local units of government are as follows:
DEPARTMENT OF AGRICULTURE
Local soil conservation districts $ 1,400,000
Total $ 1,400,000
(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director.
Sec. 202. The expenditures and funding sources authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $4,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 204. (1) Beginning October 1, 1999 a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from one position to another within a department or to positions that are funded with 80% or more federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services.
Sec. 205. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 206. As used in this bill:
(a) "DAG" means the United States department of agriculture.
(b) "DAG-AMS" means the DAG agriculture marketing service.
(c) "DAG-APHIS" means the DAG animal and plant health inspection service.
(d) "DAG-ERS-ARED" means the DAG economic research service - agriculture and rural economy division.
(e) "DAG-FS" means the DAG forest service.
(f) "Department" means the Michigan department of agriculture.
(g) "Director" means the director of the department.
(h) "EPA" means the United States environmental protection agency.
(I) "EPA-OECA" means the EPA office of enforcement and compliance assistance.
(j) "EPA-OW" means the EPA office of water.
(k) "EPA-RCRA" means the EPA resource conservation and recovery act.
(l) "FTE" means full-time equated position.
(m) "GREEEN" means generating research and extension to meet environmental and economic needs.
(n) "HHS" means the United States department of health and human services.
(o) "HHS-FDA" means the HHS food and drug administration.
(p) "IDG" means interdepartmental grant.
(q) "MDCH" means the Michigan department of community health.
(r) "MDCIS" means the Michigan department of consumer and industry services.
(s) "MDCIS (LCC)" means the MDCIS liquor control commission.
(t) "MDEQ" means the Michigan department of environmental quality.
(u) "NRCS" means the natural resources conservation service.
EXECUTIVE
Sec. 301. The appropriations in section 102 may be used for per diem payments to members of boards, committees, and commissions for a full day's board, committee, or commission work at which a quorum is present; for attending a hearing as authorized by the respective board, committee, or commission; or for performing official business as authorized by the respective board, committee, or commission. The per diem payments shall be at a rate as follows:
(a) Commission of agriculture $ 75.00 per day
(b) Upper Peninsula state fair board $ 50.00 per day
(c) Agricultural marketing and bargaining board $ 35.00 per day
(d) Michigan state fair council $ 50.00 per day
(e) Grape and wine industry council $ 50.00 per day
Sec. 302. The department may receive and expend revenue to cover necessary expenses related to publications, audit and licensing functions, livestock sales, certification of nursery stock, bean inspection services, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Upper Peninsula state fair livestock sales.
(d) Pesticide and plant pest management propagation and certification of virus free foundation stock.
(e) Pesticide and plant pest management, bean inspection, and grading services.
(f) Laboratory support testing for testing horses in draft horse pulling contests at county fairs when local jurisdictions request state assistance.
(g) Laboratory support analyses to determine foreign substances in horses engaged in racing or pulling contests at tracks.
(h) Laboratory support analysis of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards.
(i) Laboratory support test samples for other agencies and organizations.
(j) Fruit and vegetable inspection at shipping and termination points and processing plants.
Sec. 303. (1) From the appropriation in section 102 for project GREEEN, $6,000,000.00 is allocated for a grant to an institution of higher education for the purpose of research and/or extension programs designed to address critical regulatory, food safety, economic, and environmental problems faced by Michigan's plant-based agriculture, forestry, and processing industries.
(2) A consortium of interested parties consisting of, but not limited to, representatives from the department, institutions of higher education, and agricultural commodity groups shall develop the research and/or extension program priorities described in subsection (1).
(3) Any unexpended balance of the appropriation in part 1 of this bill is considered a work project appropriation. The projects will be accomplished by the use of contractual services with an estimated completion date of September 30, 2001.
(4) Not later than November 1, 2000, the grantee under subsection (1) shall submit to the house and senate appropriations subcommittees on agriculture and to the house and senate fiscal agencies a report for the immediately preceding fiscal year regarding project GREEEN projects. The report shall include, but is not limited to, the dollar amount of each project and a review of each project's performance and accomplishments.
(5) Indirect costs shall not be charged by an administering agency against a grant funded under the allocation in subsection (1).
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 401. Of the funds appropriated in section 106 to the pesticide and plant pest management division, up to $100,000.00 may be made available to the Michigan cooperative extension service for the purpose of training of applicators. Reimbursement shall be based on actual expenditures and revenue availability.
Sec. 402. From the appropriation in section 106 for the disease and pest intervention fund program, the department shall utilize these funds as needed to respond to exotic or regulatory pests or diseases.
ENVIRONMENTAL STEWARDSHIP
Sec. 501. The funds in section 107 for the energy conservation program shall be distributed on a competitive basis which will be based on statewide energy conservation criteria.
Sec. 502. The amount appropriated in section 107 for grants to local soil conservation districts shall be used for providing financial assistance to all soil conservation districts in order to permit the districts to engage in programs that conserve soil resources and prevent and control soil erosion. All grants to local soil conservation districts shall be allocated according to a formula approved by the commission of agriculture. Any soil conservation district that allows payment for expenses to the district associate directors shall be considered ineligible to receive grant money.
Sec. 503. (1) The department may expend the amount appropriated in section 107 for migrant labor housing grants for construction of new migrant labor housing. Project grants shall not exceed $2,000.00 per unit. An applicant is not eligible for more than a $10,000.00 grant in any fiscal year. Units shall be equivalent in construction to units approved by the DAG - rural development agency for low interest construction loans and shall be not less than 484 square feet in size and be self-contained with a minimum of 1 bedroom, a kitchen, a flush toilet, a lavatory, and bathing facilities.
(2) Any unexpended migrant labor housing funds from the prior year shall be available for grants in the subsequent fiscal year.
Sec. 504. (1) From the amounts appropriated in section 107 for migrant labor housing, no less than $100,000.00 shall be allocated to a private, nonprofit entity for the purpose of providing matching grants for the improvement or new construction of migrant labor housing. The terms or requirements imposed on a recipient of a grant awarded for migrant labor housing improvement or new construction by a private, nonprofit entity shall be no less stringent than those imposed by the department on recipients of similar grants awarded by the department. An entity receiving funds under this section shall use no greater than 7% of the state allocation for the administration of this program.
(2) A private nonprofit entity that receives an allocation to administer a migrant labor housing construction grant program shall give priority to grant applicants who are on the department's waiting list of applicants for migrant labor housing construction grants. The applicants for migrant labor construction grants administered by a nonprofit entity who are on the department's waiting list shall be served in the order in which they reside on the department's waiting list.
MARKET DEVELOPMENT
Sec. 601. Within the appropriations in section 109 for market development, $434,500.00 is for the grape and wine industry council, from which the department may provide grants for the purposes as described in section 16b of the Michigan liquor control act, 1933 (Ex Sess) PA 8, MCL 436.16b.
Sec. 602. In any given year when insufficient amounts of Michigan surplus products are offered to the food bank council and accepted for distribution, unused funds may be applied by the food bank council for the direct purchase of foods from Michigan growers, manufacturers, or wholesalers.
Sec. 603. (1) The $100,000.00 appropriated in section 109 for the grown in Michigan program is to provide competitive grants to Michigan nonprofit organizations to raise in-state consumer awareness of Michigan grown commodities.
(2) The grants are to be made by the Michigan commission of agriculture on a competitive basis considering the following order of priority:
(a) Cooperative efforts by recognized, statewide, grower funded organizations.
(b) The number of consumers made aware of the benefits of Michigan grown commodities.
(c) The number of Michigan grown products encompassed in the proposal.
(d) The amount of the match.
(3) A grant made under this section shall not be less than $5,000.00 or more than $25,000.00.
(4) Each grant shall be matched equally with grantees' funds. In-kind contributions shall not be considered as matching funds.
Sec. 604. Indirect costs may not be charged against the future farmers of America grant in section 109 by any administering agency.
FAIRS AND EXPOSITIONS
Sec. 701. A county fair, district fair, 4-H fair, or state fair receiving funds in section 110 to be used for prizes or awards, in whole or in part, as a condition precedent to the receiving of the funds for those purposes, shall publish the rules relative to the prizes, awards, and deadlines for entries eligible for the funds in their official premium books or lists relative to the prizes or awards. An aggrieved exhibitor may make a written complaint to the fair within 10 days after the fair ends. If the fair has not satisfactorily settled the grievance within 45 days after it is submitted to the fair, the aggrieved person may file the complaint with the department and the department shall investigate the complaint and make a finding of fact regarding the complaint and take appropriate action regarding the complaint.
Sec. 702. Of the amount appropriated in section 110 for purses and supplements - fairs/licensed tracks, a sufficient amount is appropriated to provide for overnight purse supplements pursuant to the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
Sec. 703. From the appropriations for premiums - county and state fairs in section 110 not more than $120,000.00 shall be awarded through a competitive grant program to local, regional, or state fairs or expositions to promote youth involvement and adult exhibitions in the animal agriculture industry. Appropriate exhibition classes for youth shall be developed that encourage a production exhibit for which premium awards may be paid. The age for youth exhibitors shall be determined by the standards of the association requesting the grant or, if standards do not exist, the age for youth exhibitors shall be ages 9 through 21. Implementation of the latest technologies into the evaluation of the animals shall be encouraged in the production exhibit. Adult exhibitions should focus on the performance or end product, or both, with the appropriate technologies used to enhance placings and the awarding of premiums.
Sec. 704. The racing commissioner may pay rewards of not more than $5,800.00 to a person who provides information that results in the arrest and conviction on a felony or misdemeanor charge for a crime that involves the horse racing industry. A reward paid pursuant to this section shall be paid out of the office of racing commissioner line item.
Sec. 705. The department shall submit a report each month for the fiscal year ending September 30, 2000 to the state budget director, the senate and house standing committees on appropriations, and the senate and house fiscal agencies that sets forth the simulcasting revenues generated in the preceding month by each licensed track and the amount received from license fees.
Sec. 706. (1) The appropriation of $169,200.00 in section 110 for
standardbred purses and supplements - licensed tracks is intended to
provide state purse supplements for 4 races at state licensed
pari-mutuel horse racing tracks. The purse supplements are to be used
for races comprised only of Michigan-bred horses segregated into a
4-year-old colt trot division, a 4-year-old filly trot division, a
4-year-old colt pace division, and a 4-year-old filly pace division.
(2) The appropriation in section 110 for licensed tracks - light horse racing shall be allocated as follows:
Arabian and Appaloosa horse racing $ 10,275.00
Quarter horse racing $ 30,825.00
Sec. 707. Included in the appropriation made in section 110 for the thoroughbred program is $30,500.00 for the Michigan united thoroughbred breeders and owners association to conduct a thoroughbred yearling show. The Michigan united thoroughbred breeders and owners association shall submit to the department an itemized list of expenses showing that the expenses of the yearling show were paid.
Sec. 708. From the funds appropriated in section 110 for thoroughbred owners' awards, the department shall develop a program to provide for thoroughbred owners' awards that will be given to owners of Michigan-bred horses finishing first in nonrestricted races at licensed pari-mutuel tracks in Michigan.
Sec. 709. If Michigan state fair revenue is less than $6,439,700.00, there is an appropriation from the state general fund in an amount equal to the difference between $6,439,700.00 and the amount of Michigan state fair revenue received for the fiscal year ending September 30, 2000, not to exceed $1,000,000.00.