Act No. 121
Public Acts of 1999
Approved by the Governor
July 21, 1999
Filed with the Secretary of State
July 21, 1999
EFFECTIVE DATE: July 21, 1999
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 1999
Introduced by Senators McManus, Gast, Hoffman, Gougeon and Steil
ENROLLED SENATE BILL No. 370
AN ACT to make appropriations for the department of natural resources for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
The People of the State of Michigan enact:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of natural resources 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 NATURAL RESOURCES
TOTAL APPROPRIATIONS SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,237.5
GROSS APPROPRIATION $ 241,911,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 4,643,100
ADJUSTED GROSS APPROPRIATION $ 237,268,200
Federal revenues:
Total federal revenues 22,268,200
Special revenue funds:
Total local revenues 0
Total private revenues 1,698,600
Total other state restricted revenues 161,806,400
State general fund/general purpose $ 51,495,000
OPERATIONS APPROPRIATIONS SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,237.5
GROSS APPROPRIATION $ 241,911,300
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,036,300
IDG from MDOT, state trunkline fund 37,500
IDG, MacMullan conference center revenue 1,349,000
IDG, land acquisition services to work orders 827,900
IDT, interdivisional charges 1,392,400
Total interdepartmental grants and intradepartmental transfers 4,643,100
ADJUSTED GROSS APPROPRIATION $ 237,268,200
Federal revenues:
DAG, federal 2,418,000
DOC, federal 43,700
DOD, federal 60,900
DOE, federal 1,000
DOI, federal 14,019,100
DOI-MMS, federal oil and gas royalty revenue 150,000
DOI-MMS, federal timber revenue 2,800,000
DOT, federal 2,426,600
EPA, federal 328,000
IGLFC, federal 20,900
Total federal revenues 22,268,200
Special revenue funds:
Private funds 1,198,600
Private - gift revenues 500,000
Total private revenues 1,698,600
Total local and private revenues 1,698,600
Aircraft fees 105,100
Air photo fees 745,600
Airport and park operation fees 42,300
Automated license system revenue 411,500
Clean Michigan initiative fund 258,200
Commercial fishing fee revenue 200
Delinquent property tax administration fund 751,600
Farmland and open space withdrawal fees 577,600
Forest camping fee revenue 802,700
Forest resource revenue 25,789,200
Game and fish protection fund 55,085,700
Game and fish protection fund - deer habitat reserve 1,720,500
Game and fish protection fund - turkey permit fees 959,500
Game and fish protection fund - waterfowl fees 115,000
Game and fish - wildlife resource protection fund 1,021,500
Harbor development fund 227,000
Land exchange facilitation fund 5,380,700
Land sale revenue 2,725,000
Mackinac Island state park fund 1,353,500
Marine safety fund 4,883,100
Michigan civilian conservation corps endowment fund 1,274,400
Michigan geographic information system revenue 170,500
Michigan state waterways fund 12,527,400
Michigan natural resources trust fund 2,834,100
Michigan state parks endowment fund 4,711,500
Motor fuel sales revenue 775,000
Natural resources magazine fund 102,900
Nongame wildlife fund 851,900
Off-road vehicle trail improvement fund 1,677,000
Park improvement fund $ 26,198,300
Publication revenue 103,300
Recreation improvement fund 1,394,500
Shop fees 52,800
Snowmobile registration fee revenue 1,546,000
Snowmobile trail improvement fund 4,623,900
Other restricted revenues 7,400
Total other state restricted revenues 161,806,400
State general fund/general purpose $ 51,495,000
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 21.0
Commission (including travel expense - per diem) $ 75,000
Unclassified salaries 406,000
Executive direction--10.0 FTE positions 1,675,700
Office of information and education--11.0 FTE positions 1,903,100
GROSS APPROPRIATION $ 4,059,800
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 13,600
Special revenue funds:
Delinquent property tax administration fund 3,500
Farmland and open space withdrawal fees 3,600
Forest resource revenue 460,600
Game and fish protection fund 1,306,700
Land exchange facilitation fund 5,700
Land sale fund 33,400
Marine safety fund 28,800
Michigan geographic information system revenue 1,000
Michigan state waterways fund 238,000
Michigan state parks endowment fund 8,300
Natural resources magazine fund 102,900
Off-road vehicle trail improvement fund 2,400
Park improvement fund 644,500
Snowmobile registration fee revenue 2,400
Snowmobile trail improvement fund 12,300
Other restricted revenues 2,500
State general fund/general purpose $ 1,189,600
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 235.7
Finance and operations services--143.7 FTE positions $ 11,333,000
Internal audit--12.0 FTE positions 748,000
Office of information systems and technology--55.0 FTE positions 6,618,100
Human resources--17.0 FTE positions 1,258,800
Equal opportunity and legal services--8.0 FTE positions 799,200
GROSS APPROPRIATION $ 20,757,100
Appropriated from:
Interdepartmental grant revenues:
IDT, interdivisional charges 1,392,400
IDG, engineering to work orders 909,200
IDG, MacMullan conference center revenue 12,900
Federal revenues:
DOI, federal 112,000
Aircraft fees 105,100
Automated license system revenue 411,500
Clean Michigan initiative fund 258,200
Delinquent property tax administration 11,500
Farmland and open space withdrawal fees $ 4,000
Forest resource revenue 722,700
Game and fish protection fund 7,083,900
Land exchange facilitation fund 31,200
Land sale revenue 66,300
Marine safety fund 226,200
Michigan civilian conservation corps endowment fund 5,900
Michigan natural resources trust fund 587,000
Michigan state parks endowment fund 49,000
Michigan state waterways fund 778,600
Off-road vehicle trail improvement fund 49,300
Park improvement fund 855,200
Publications revenue 103,300
Recreation improvement fund 5,900
Snowmobile registration fee revenue 61,000
Snowmobile trail improvement fund 74,300
Other restricted revenues 4,900
State general fund/general purpose $ 6,835,600
Sec. 104. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 1,824,600
Rent - privately owned property 619,300
Gifts and bequests 500,000
GROSS APPROPRIATION $ 2,943,900
Appropriated from:
Special revenue funds:
Private - gift revenues 500,000
Forest resource revenue 174,400
Game and fish protection fund 602,800
Land sale revenue 43,100
Marine safety fund 39,500
Michigan state waterways fund 208,700
Michigan natural resources trust fund 10,600
Park improvement fund 84,500
Snowmobile trail improvement fund 17,400
State general fund/general purpose $ 1,262,900
Sec. 105. WILDLIFE MANAGEMENT
Full-time equated classified positions 186.0
Wildlife administration--14.5 FTE positions $ 1,716,100
Wildlife management--162.5 FTE positions 15,672,400
Natural resources heritage--9.0 FTE positions 1,515,300
State game and wildlife area maintenance 750,000
Federal lands biological inventory 50,000
GROSS APPROPRIATION $ 19,703,800
Appropriated from:
Federal revenues:
DOD, federal 50,000
DOI, federal 6,819,100
EPA, federal 52,000
Special revenue funds:
Private funds 104,800
Game and fish protection fund 8,864,300
Game and fish protection fund - deer habitat reserve 1,720,500
Game and fish protection fund - turkey permit fees 959,500
Game and fish protection fund - waterfowl fees 115,000
Nongame wildlife fund 551,900
State general fund/general purpose $ 466,700
Sec. 106. FISHERIES MANAGEMENT
Full-time equated classified positions 229.0
Fisheries administration--12.5 FTE positions $ 1,285,000
Commercial fisheries--2.7 FTE positions 185,100
Recreational fisheries--14.0 FTE positions 1,692,600
Fish production--57.4 FTE positions 6,692,700
Fisheries resource management--142.4 FTE positions 10,915,700
Treaty waters management fund work project 138,200
Stream habitat improvement 1,179,200
GROSS APPROPRIATION $ 22,088,500
Appropriated from:
Federal revenues:
DOE, federal 1,000
DOC, federal 43,700
DOI, federal 6,109,400
EPA, federal 135,000
IGLFC, federal 20,900
Special revenue funds:
Commercial fishing fee revenue 200
Game and fish protection fund 15,640,100
State general fund/general purpose $ 138,200
Sec. 107. PARKS AND RECREATION
Full-time equated classified positions 821.3
State parks--609.2 FTE positions $ 37,623,900
MacMullan conference center--7.0 FTE positions 1,322,500
Recreational boating--202.1 FTE positions 10,885,400
Michigan civilian conservation corps--3.0 FTE positions 3,462,500
Cost of marine fuel purchase for resale 775,000
GROSS APPROPRIATION $ 54,069,300
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 1,322,500
Federal revenues:
EPA, federal 98,800
Special revenue funds:
Private funds 265,700
Harbor development fund 227,000
Michigan civilian conservation corps endowment fund 1,268,500
Michigan state parks endowment fund 4,286,300
Michigan state waterways fund 10,658,400
Motor fuel sales revenue 775,000
Park improvement fund 24,446,500
State general fund/general purpose $ 10,720,600
Sec. 108. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions 48.0
Mackinac Island park operation--23.0 FTE positions $ 1,637,000
Historical facilities system--25.0 FTE positions 1,734,200
GROSS APPROPRIATION $ 3,371,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state trunkline fund 37,500
Special revenue funds:
Airport and park operation fees 42,300
Mackinac Island state park fund 1,353,500
State general fund/general purpose $ 1,937,900
Sec. 109. FOREST RESOURCE MANAGEMENT
Full-time equated classified positions 339.0
Timber harvest--102.0 FTE positions $ 8,207,800
Forest cultivation and reforestation--23.0 FTE positions 4,007,800
Forest resource planning and land use--20.0 FTE positions 5,248,200
Private forest development--10.5 FTE positions 893,900
Forest finance authority--9.0 FTE positions 1,673,200
Forest fire protection--141.5 FTE positions 9,819,700
Forest recreation--15.5 FTE positions 1,826,200
Forest management initiative 1,100,000
Trails--17.5 FTE positions 2,278,400
Abandoned mine shaft closure 350,000
Forest fire equipment 1,700,000
Cooperative resource programs 1,250,000
GROSS APPROPRIATION $ 38,355,200
Appropriated from:
Federal revenues:
DAG, federal 1,293,000
DOD, federal 10,900
EPA, federal 42,200
Special revenue funds:
Private funds 778,100
Forest camping fee revenue 802,700
Forest resource revenue 23,229,000
Game and fish protection fund 1,498,700
Marine safety fund 129,100
Michigan state waterways fund 352,300
Off-road vehicle trail improvement fund 349,900
Recreation improvement fund 288,600
Shop fees 52,800
Snowmobile trail improvement fund 1,639,900
State general fund/general purpose $ 7,888,000
Sec. 110. LAND AND MINERAL SERVICES
Full-time equated classified positions 76.0
Land records and tax reversion--15.3 FTE positions $ 4,071,200
Minerals management--15.3 FTE positions 1,442,700
Land acquisition and exchange--16.2 FTE positions 6,965,900
Resource mapping and aerial photography--22.2 FTE positions 3,181,300
Farmland and open space preservation--7.0 FTE positions 570,000
Grants to communities for cleanup and maintenance of tax reverted properties 250,000
GROSS APPROPRIATION $ 16,481,100
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services to work orders 827,900
IDG, engineering services to work orders 127,100
Special revenue funds:
Air photo fees 745,600
Delinquent property tax administration fund 736,600
Farmland and open space withdrawal fees 570,000
Forest resource revenue 1,202,500
Game and fish protection fund 605,600
Land exchange facilitation fund 5,343,800
Land sale revenue 2,582,200
Michigan geographic information system revenue 169,500
Michigan natural resources trust fund 1,701,200
Michigan state waterways fund 101,100
Michigan state parks endowment fund $ 367,900
Park improvement fund 167,600
State general fund/general purpose $ 1,232,500
Sec. 111. LAW ENFORCEMENT
Full-time equated classified positions 281.5
Wildlife resource protection--10.0 FTE positions $ 1,021,500
General law enforcement--271.5 FTE positions 26,350,300
GROSS APPROPRIATION $ 27,371,800
Appropriated from:
Federal revenues:
DOI, federal 802,600
DOT, federal 1,926,600
Special revenue funds:
Game and fish - wildlife resource protection fund 1,021,500
Game and fish protection fund 17,411,600
Marine safety fund 1,229,500
Off-road vehicle trail improvement fund 400,900
Snowmobile registration fee revenue 340,600
State general fund/general purpose $ 4,238,500
Sec. 112. PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands $ 7,071,500
Purchased lands taxes/open space payments 8,293,500
Commercial forest reserve 2,691,700
GROSS APPROPRIATION $ 18,056,700
Appropriated from:
Special revenue funds:
Game and fish protection fund 1,772,000
Michigan natural resources trust fund 535,300
Michigan state waterways fund 190,300
State general fund/general purpose $ 15,559,100
Sec. 113. GRANTS
Grant to counties--marine safety $ 3,230,000
Federal - land and water conservation fund payments 1,000
Federal - forest stewardship grants 625,000
Federal - urban forestry grants 400,000
Federal - clean vessel act grants 175,000
Federal - rural community fire protection 100,000
Grants to communities - federal oil, gas, and timber payments 2,950,000
Recreation improvement fund grants 1,100,000
Snowmobile local grants program 2,880,000
Snowmobile law enforcement grants 1,142,000
Off-road vehicle trail improvement grants 874,500
National recreational trails 550,000
Game and nongame wildlife fund grants 400,000
Inland fisheries resources grants 200,000
City of Center Line shooting range 25,400
GROSS APPROPRIATION $ 14,652,900
Appropriated from:
Federal revenues:
DAG, federal 1,125,000
DOI, federal 176,000
DOI, oil and gas royalty revenue 150,000
DOI-MMS, federal timber revenue 2,800,000
DOT, federal 500,000
Private funds 50,000
Game and fish protection fund $ 300,000
Marine safety fund 3,230,000
Nongame wildlife fund 300,000
Off-road vehicle trail improvement fund 874,500
Recreation improvement fund 1,100,000
Snowmobile registration fees 1,142,000
Snowmobile trail improvement fund 2,880,000
State general fund/general purpose $ 25,400
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending in this appropriation act is $213,301,400.00 and state appropriations to be paid to local units of government are estimated at $21,985,100.00. The following itemized statement identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Swamp and tax reverted lands $ 7,071,500
Purchased lands/open space payments 7,974,500
Commercial forest reserve 2,691,700
Grants to counties - marine safety 3,230,000
City of Center Line shooting range 25,400
Snowmobile law enforcement 742,000
Grants to communities for cleanup and maintenance of tax reverted properties 250,000
TOTAL $ 21,985,100
(2) If it appears to the principal executive officer of a department or agency 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, the senate and house appropriations committees, and the senate and house fiscal agencies.
Sec. 202. The expenditures and fund sources authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this act:
(a) "Commission" means the commission of natural resources.
(b) "DAG" means the United States department of agriculture.
(c) "Department" means the department of natural resources.
(d) "DOC" means the United States department of commerce.
(e) "DOD" means the United States department of defense.
(f) "DOE" means the United States department of energy.
(g) "DOI" means the United States department of interior.
(h) "DOI-MMS" means DOI minerals management service.
(i) "DOT" means the United States department of transportation.
(j) "EPA" means the United States environmental protection agency.
(k) "FTE" means full-time equated.
(l) "IDG" means interdepartmental grant.
(m) "IDT" means intradepartmental transfer.
(n) "IGLFC" means the international Great Lakes fish commission.
(o) "MDOT" means the Michigan department of transportation.
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 or prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 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 director believes that such a hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house appropriations committees the number of exclusions to the hiring freeze approved during the previous month and the justification for each exclusion.
Sec. 205. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charges 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. (1) From funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant, loan, or grant and loan programs administered by the department for the fiscal year ending on September 30, 2000:
(a) The name of each program.
(b) The goals, the criteria, including filing fees, and the nominating procedures, eligibility requirements, processes, and deadlines for each program.
(c) The maximum and minimum grant and loan available and whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind contributions may be used as part or all of a required match.
(e) Information pertaining to the application process, timeline for each program, and the contact people within the department.
(f) The source of funds for each program, including the citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by the department by type and amount of grant or loan.
(2) The reports required under this section shall be submitted to the senate and house appropriations committees and the senate and house fiscal agencies by January 1, 2001.
Sec. 207. (1) In addition to the funds appropriated in part 1, each of the following is appropriated:
(a) An amount not to exceed $1,000,000.00 for federal contingency funds.
(b) An amount not to exceed $5,000,000.00 for state restricted contingency funds.
(c) An amount not to exceed $100,000.00 for local contingency funds.
(d) An amount not to exceed $100,000.00 for private contingency funds.
(2) The funds appropriated under subsection (1)(a), (b), (c), and (d) are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA431, MCL 18.1393.
Sec. 208. Appropriations of state restricted game and fish protection funds have been made to the following departments and agencies in their respective appropriation bills. The amounts appropriated to these departments and agencies are limited to the amounts listed below:
Department of civil service $ 287,400
Legislative auditor general 18,500
Attorney general 605,300
Department of management and budget 187,400
Department of treasury 1,600
Sec. 209. The department shall provide the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies with an annual report on restricted fund balances, projected revenues, and expenditures.
Sec. 210. The department shall submit a transition plan for the future operation of the Michigan natural features inventory program to the house and senate appropriations subcommittees on natural resources and environmental quality by March 1, 2000. The plan shall provide for the orderly and effective assumption of responsibility for inventory activities, including, but not limited to, the survey, research, and documentation of the biological resources of the state. The plan shall ensure that an integrated, complete, and current record of information developed from this inventory program will be available to researchers and the general public.
Sec. 211. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 212. The department shall implement a pilot program that places reports required by this act on the Internet, with electronic notification to legislative offices of Internet access to the reports. During fiscal year 2000, the department shall continue to distribute all of these reports to the legislature in the current printed format.
Sec. 213. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced American goods or services, or both, of comparable quality are available. By May 1, 2000, the department shall submit a report to the state budget director, the speaker and minority leader of the house of representatives, the majority and minority leaders of the senate, the chairpersons of the house and senate appropriations committees, and the house and senate fiscal agencies on efforts to comply with this section.
Sec. 214. (1) In the expenditure of funds appropriated under this act, the director of the department shall take all reasonable steps to ensure that businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department.
(2) The director of the department shall strongly encourage firms with which the department contracts to subcontract with businesses certified by the department of civil rights in depressed and deprived communities for services or supplies, or both.
Sec. 215. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies 30 days prior to renewing the contract or extending the privatization initiative. No privatization program shall extend beyond 36 months unless the department has determined, in writing, that the program has demonstrated at least measurable savings and has maintained quality of service or has documented a measurable improvement in the quality of the product delivered or service performed. If the term of privatization program is less than 36 months, but longer than 12 months, the department shall make this determination before extending the contract or initiative beyond its term.
Sec. 217. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.
Sec. 219. The state budget director shall provide a list of proposed work projects funded, in whole or in part, from appropriations in this act to the house and senate appropriations committees on November 15, 1999. This list shall provide detailed information including a description of project activities and services, the total work project funding level, spending for the fiscal year ending September 30, 1999, and the amount of budget authority required to complete the project.
Sec. 221. A joint legislative work group on court settlements is established. This work group shall consist of representatives of the house and senate standing committees with primary responsibility for natural resources and environmental quality issues and the house and senate appropriations subcommittees on natural resources and environmental quality. Members shall be appointed on a bipartisan basis by the speaker of the house of representatives and the senate majority leader. Assistance and staff support to the work group may be provided by the house and senate fiscal agencies. The work group shall issue a report on February 1, 2000 to the members of the legislature which includes a strategy for disbursing settlement revenue to impacted local governmental units in a manner consistent with court settlement agreements.
Sec. 222. The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities described in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report is due March1, 2000, and biennially thereafter beginning on May 1, 2002. The reports shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.
Sec. 223. In conjunction with the department of transportation, the department shall develop plans for the maintenance, scheduling, and use of all state-owned aircraft. It is the intent of the legislature that these plans maximize the cost-efficient use of the state transportation air fleet. The department shall prepare a joint report, coordinated by the department of transportation, on the development of these plans.
Sec. 224. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues quarterly reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.
(2) Beginning with the report on April 1, 2000, the department shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the department shall identify the funding sources that should support the work performed and the department of management and budget shall forward the appropriated funding.
EXECUTIVE
Sec. 301. The appropriations in section 102 for the commission may be used for per diem payments to the members of commissions or committees for a full day of commission or committee work at which a quorum is present, for attending a hearing as authorized by the respective commission or committee, or for performing official business as authorized by each respective commission or committee. The per diem payment for members of the commission of natural resources shall be $75.00.
Sec. 302. The appropriation in section 102 for the office of information and education shall be allocated by the department through recognized natural resource education specialists to provide outreach programs to school age children and to the general public. Natural resources education shall include information on both consumptive and nonconsumptive aspects of natural resources, such as hunting, fishing, recreation, biodiversity protection, and ecosystem management. The department shall provide a report on the "Buck Wilder" program to the house and senate appropriations subcommittees on natural resources by April 1, 2000. A report shall be prepared by an objective third party and shall specify the amount and type of funds expended for the program to date, the number of schools and students receiving program materials, the number of teachers trained through this program, and any anticipated future expenditures for materials and other program costs.
Sec. 303. On June 15, 2000, the department shall submit to the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies a report on fish, game, and nongame habitat improvement and treatment projects completed or planned during the fiscal year ending September 30, 1999 and the fiscal year ending September 30, 2000. This report shall include a list of all habitat treatment and improvement projects by management unit. This list shall be accompanied by all of the following information:
(a) The target species of wildlife or fish to benefit from unit projects.
(b) The number of acres or, for a river or stream, the number of feet treated or improved, the county in which the project is located, and the methods of treatment or improvement.
(c) The division with lead responsibility for the projects and all organizations involved in the projects, including, but not limited to, department personnel, contractors, or subcontractors.
(d) The total cost per acre and the funding sources supporting management unit projects. The report shall identify the program line item supporting project expenditures.
(e) A separate summary, by fund or subfund, of all projects completed in the fiscal year ending September 30, 1999 or the fiscal year ending September 30, 2000.
ADMINISTRATIVE SERVICES
Sec. 401. The following are the estimated general purpose revenues available in the game and fish protection fund for the state fiscal year beginning October 1, 1999:
Projected balance from previous year $ 9,219,700
General purpose licenses 41,500,000
Game and fish protection trust fund interest and earnings 4,000,000
Federal indirect revenues 1,200,000
Miscellaneous revenues 600,000
Total general purpose game and fish protection fund $ 56,519,700
Sec. 402. Of the state general fund/general purpose resources appropriated in section 103 to administrative services, $2,210,000.00 is for the game and fish protection fund to provide senior citizen license fee reimbursement under section 43546 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43546.
DEPARTMENTAL OPERATIONAL SUPPORT
Sec. 501. On February 1, 2000, the department shall report to the senate and house appropriations subcommittees on natural resources and to the senate and house fiscal agencies on gifts, bequests, grants, and donations. The report shall include both of the following:
(a) The amount of contributions, gifts, bequests, grants, and donations received by the department for the fiscal year ending September 30, 1999.
(b) A listing of the expenditures made from the amounts received as reported in subdivision (a).
WILDLIFE MANAGEMENT
Sec. 601. Of the funds appropriated in section 105 for wildlife management, $85,000.00 shall be used to fund the second year of a 5-year research study at Michigan State University on the control of swimmer's itch in inland lakes. Local organizations shall contribute at least $15,000.00 to this project. A report on the progress of the project shall be presented to the house and senate appropriations committees and house and senate fiscal agencies by December 31, 2000.
Sec. 602. The department shall work with representatives of the captive cervidae industry to develop clear definitions of "captive cervidae farm" and "captive cervidae hunting preserve" and shall report these definitions to the legislature by April 1, 2000.
Sec. 603. Of the funds appropriated in section 105, the department shall reimburse the department of agriculture for costs incurred for indemnification payments for livestock losses caused by wolves under the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.
Sec. 604. The department of natural resources shall request reimbursement from the department of agriculture for those costs associated with monitoring and testing wildlife for bovine tuberculosis which are jointly agreed to by the department of agriculture and the department of natural resources to be in excess of efforts necessary to eradicate bovine tuberculosis from Michigan's wild free-ranging deer herd.
Sec. 605. A work group consisting of representatives of the department, the department of agriculture, and the captive cervidae industry shall meet and develop clear definitions of "captive cervidae hunting preserve" and "captive cervidae farm". The work group shall report its recommended definitions to the house and senate appropriations committees and the house and senate standing committees on natural resources by April 1, 2000.
FISHERIES MANAGEMENT
Sec. 701. The department shall annually report to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies the amount and disposition of funds received from the Great Lakes fisheries trust. The report shall include a copy of the trust's annual report and a copy of form 990 filed with the attorney general's office.
Sec. 702. The department shall not impede the certification process for water control structures on Michigan waterways. The department shall fund from funds appropriated in part 1 all non-water-quality studies or requirements that the department requests of either of the following:
(a) The department of environmental quality as a condition for issuance of a certification under section 401 of the federal water pollution control act, title IV of chapter 758, 86 Stat. 877, 33 U.S.C. 1341.
(b) The federal energy regulatory commission as a condition of licensing under the federal power act, chapter 285, 41 Stat. 1063, 16 U.S.C. 791a to 793, 796 to 797, 798 to 818, 820 to 824a, and 824b to 825r.
Sec. 703. (1) From the appropriation in section 106 for stream habitat improvement, not more than $575,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local governmental units, and other nonprofit organizations for stream habitat stabilization and soil erosion control.
(2) The fisheries division of the department shall develop priority and cost estimates for all recommended projects. Priority shall be given to applications that use the Michigan civilian conservation corps to its greatest ability.
Sec. 704. The department shall report annually the number of fish advisory booklets distributed by all fishing license vendors. This report shall be given to house and senate appropriations committee members.
PARKS AND RECREATION
Sec. 801. The department may charge the appropriations contained in part 1, including all special maintenance and capital projects appropriated for the fiscal year ending September 30, 2000, for engineering services provided, a standard percentage fee to be determined by the state budget director, and may use the revenue derived to support the engineering services charges provided for in part 1.
Sec. 802. In accordance with section 1902(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1902, there is appropriated from the Michigan natural resources trust fund to the Michigan state parks endowment fund an amount not to exceed $10,000,000.00 for the fiscal year ending September 30, 2000.
Sec. 803. The department shall develop a feasibility study to comply with each lake water protection plan which requires owners of lakefront property to transport and dispose of sanitary sewerage or storm water sewerage, or both, at an off-site location. The department shall provide a copy of each study to each legislator who represents the district where the lakefront property is located, and to the senate and house appropriations subcommittees on natural resources.
FOREST RESOURCE MANAGEMENT
Sec. 901. The commission may establish and collect fees for the processing of applications for the use of state forests that require extensive review. The fees shall cover the cost to the department of processing the applications. Any unexpended application fees for the use of state forests, along with any excess collections from prior fiscal years, shall be carried over into subsequent fiscal years and shall be available for appropriation.
Sec. 902. Of the funds appropriated in section 109, the department shall not allow the amount of timber marked for harvest to decrease below 855,000 cords provided that the department takes into consideration the impact of timber harvesting on wildlife habitat and recreation uses.
Sec. 903. The appropriation in section 109 for abandoned mine shaft closures shall be used to restrict access to or cap abandoned mine shafts in order of priority as determined by the department.
Sec. 904. With money received from the sale of timber on state land and appropriated in part 1, the department may employ an additional 20 full-time temporary employees to serve as firefighters for the 6-month period in which the risk of forest fires is the highest.
Sec. 905. From the amounts appropriated in section 109, $100,000.00 shall be used by the department to establish 3standby locations for aircraft that may be used for wildfire suppression.
LAND AND MINERAL SERVICES
Sec. 1001. The department may charge land acquisition projects appropriated for the fiscal year ending September30, 2000, and for prior fiscal years, a standard percentage fee to be determined by the state budget director, and may use the revenue derived to support the land acquisition service charges provided for in section 110.
Sec. 1002. The land sale fund is created. An amount equal to the cost of personal services, printing, postage, advertising, contractual services, and facility rental associated with tax reverted lands shall be deducted from the sales and credited to the land sale fund.
Sec. 1004. (1) The funds appropriated in section 110 for grants to communities for cleanup and maintenance of tax reverted properties shall be granted to counties, cities, villages, and townships for the purpose of remediating threats to public health and safety traced to tax reverted properties within their jurisdictions. An announcement of this grant program shall be provided to all eligible jurisdictions before March 1, 2000. This announcement shall include evaluation criteria, forms, and deadlines. The application deadline shall be May 1, 2000.
(2) The department shall provide a list of approved grants to the house and senate appropriations subcommittees and the house and senate fiscal agencies by July 1, 2000.
LAW ENFORCEMENT
Sec. 1101. A conservation officer or other employee or agent of the department who is paid through an appropriation provided in part 1 and who is acting in an investigative or other official capacity shall not enter a private residence, vehicle, boat, or other private property without a warrant or consent of the owner, or unless otherwise allowed by law.
Sec. 1102. The appropriation in section 113 for snowmobile law enforcement grants shall be used to provide 100% grants to local law enforcement to enforce part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82160, including rules promulgated under that part and ordinances enacted pursuant to that part. The department shall award grants to county law enforcement agencies in counties with state snowmobile trails. The department shall consider the number of enforcement hours and the number of miles of trails in each county in allocating these grants. Any funds not distributed to counties revert back to the local law enforcement fund. Counties shall provide a monthly, quarterly, semiannual, and annual report to the department.
Sec. 1103. Of the funds appropriated in section 111 for general law enforcement, $10,000.00 shall be allocated to provide a reward for information leading to the arrest and conviction of a person or persons responsible for the murder of a licensed hunter while in the act of legal hunting.
GRANTS
Sec. 1201. The amount appropriated in section 113 for federal-rural community fire protection shall be awarded as grants to local fire protection departments. To be eligible, local fire protection departments shall be located in governmental units or fire protection districts with permanent populations of less than 10,000 and with 1,000 or more acres of publicly owned forested land.
Sec. 1202. Of the funds appropriated in section 113 for marine safety grants, $400,000.00 is appropriated to provide additional patrol hours on Michigan lakes. The department shall report on the distribution of these additional funds to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies by September 30, 2000.
Sec. 1203. Of the amount appropriated in section 113 for off-road vehicle trail improvement grants, not less than $25,000.00 or more than $135,000.00 shall be available for counties that contain state park off-road vehicle areas and apply for law enforcement assistance to regulate off-road vehicle use.
This act is ordered to take immediate effect.
Secretary of the Senate.
Clerk of the House of Representatives.
Approved
Governor.