SENATE BILL No. 1106
February 13, 2002, Introduced by Senators McManus, Gast and Hoffman and referred to the Committee on Appropriations.
EXECUTIVE BUDGET BILL
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2003; 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 bill, the amounts listed in this part are appropriated for the department of natural resources for the fiscal year ending September 30, 2003, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,075.5
GROSS APPROPRIATION $ 254,418,400
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers 3,437,900
ADJUSTED GROSS APPROPRIATION $ 250,980,500
Federal revenues:
Total federal revenues 28,727,600
Special revenue funds:
Total local revenues 0 Total private revenues 1,771,400 Total other state restricted revenues 174,932,400 State general fund/general purpose $ 45,549,100
FUND SOURCE SUMMARY:
GROSS APPROPRIATION $ 254,418,400
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,106,700
IDG, land acquisition services to work order 844,500
IDG, MacMullan conference center revenue 1,300,600
IDT, interdivisional charges 186,100
Total interdepartmental grants and
interdepartmental transfers 3,437,900
ADJUSTED GROSS APPROPRIATION $ 250,980,500
Federal revenues:
DAG, federal 2,681,800
DOC, federal 45,900
DOD, federal 31,000
DOE, federal 1,000
DOI, federal 18,445,700
DOI-MMS, federal oil and gas royalty revenue 150,000
DOI-MMS, federal timber revenue 3,300,000
DOT, federal 3,801,200
EPA, federal 248,700
IGLFC, federal revenues 22,300
Total federal revenues 28,727,600
Special revenue funds:
Private funds 1,271,400
Private - gift revenues 500,000
Total private revenues 1,771,400
Aircraft fees 219,900
Air photo-geographic information system 135,000
Automated license system revenue 429,300
Clean Michigan initiative fund 277,800
Commercial fishing fee revenue 200
Delinquent property tax administration fund 665,900
Forest camping fee revenue 1,257,700
Forest resource revenue 23,941,500
Game and fish protection fund 59,557,700
Game and fish protection fund - deer habitat
reserve 2,262,100
Game and fish protection fund - turkey permit
fees 1,457,000
Game and fish protection fund - waterfowl fees 103,000
Game and fish protection - wildlife resource
protection fund 1,344,100
Harbor development fund 245,900
Land exchange facilitation fund 5,503,100
Land sale revenue 2,639,300
Marine safety fund 5,011,400
Michigan civilian conservation corps endowment
fund 1,311,000
Michigan natural resources trust fund 3,590,300
Michigan state parks endowment fund 5,248,500
Michigan state waterways fund 14,787,500
Nongame wildlife fund 682,500
Off-road vehicle trail improvement fund 2,759,200
Park improvement fund 30,859,800
Publications revenue 58,700
Recreation improvement fund 1,414,400
Shop fees 56,300
Snowmobile registration fee revenue 1,779,600
Snowmobile trail improvement fund 7,333,700
Total other state restricted revenues 174,932,400
State general fund/general purpose $ 45,549,100
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 10.0
Commission (including travel expense - per diem) $ 90,000
Executive direction--10.0 FTE positions 1,757,400
Unclassified salaries--6.0 FTE positions 438,600
GROSS APPROPRIATION $ 2,286,000 Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 15,800
Special revenue funds:
Air photo-geographic information system 1,000
Delinquent property tax administration fund 5,400
Forest resource revenue 223,800
Game and fish protection fund 669,000
Harbor development fund 600
Land exchange facilitation fund 10,600
Land sale revenue 40,300
Marine safety fund 23,600
Michigan civilian conservation corps endowment
fund 500
Michigan natural resources trust fund 2,300
Michigan state parks endowment fund 1,900
Michigan state waterways fund 242,100
Nongame wildlife fund 900
Off-road vehicle trail improvement fund 2,700
Park improvement fund 421,700 Recreation improvement fund 1,700
Snowmobile registration fee revenue 2,700
Snowmobile trail improvement fund 5,100
State general fund/general purpose $ 614,300
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 243.2
Finance and operations services--126.7 FTE
positions $ 7,275,200
Human resources--22.0 FTE positions 1,975,100
Internal audit--12.0 FTE positions 744,900 Office of information and education--15.0 FTE
positions 2,910,800
Office of property management--67.5 FTE
positions 11,870,500
GROSS APPROPRIATION $ 24,776,500 Appropriated from:
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,106,700
IDG, land acquisition services to work orders 844,500
IDG, MacMullan conference center revenue 18,600
IDT, interdivisional charges 186,100
Federal revenues:
DOI, federal 120,300
Special revenue funds:
Aircraft fees 113,400
Air photo-geographical information system 10,200
Automated license system revenue 3,000
Clean Michigan initiative fund 277,800
Delinquent property tax administration 624,400
Forest resource revenue 1,704,100
Game and fish protection fund 4,804,800
Land exchange facilitation fund 5,450,900
Land sale revenue 1,839,300
Marine safety fund 386,300
Michigan civilian conservation corps endowment
fund 5,900
Michigan natural resources trust fund 761,800
Michigan state parks endowment fund 72,900
Michigan state waterways fund 943,200
Nongame wildlife fund 7,600
Off-road vehicle trail improvement fund 6,700
Park improvement fund 1,730,500
Publications revenue 58,700
Recreation improvement fund 8,800
Snowmobile registration fee revenue 67,100
Snowmobile trail improvement fund 46,600
State general fund/general purpose $ 3,576,300
Sec. 104. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 2,139,100
Gifts and bequests 500,000
Rent-privately owned property 335,700
GROSS APPROPRIATION $ 2,974,800 Appropriated from:
Special revenue funds:
Private-gift revenues 500,000
Forest resource revenue 139,400
Game and fish protection fund 613,300
Land sale revenue 50,500
Marine safety fund 43,900
Michigan natural resources trust fund 12,500
Michigan state waterways fund 201,300
Park improvement fund 57,100 Snowmobile trail improvement fund 20,400
State general fund/general purpose $ 1,336,400
Sec. 105. WILDLIFE MANAGEMENT
Full-time equated classified positions 183.0
Natural resources heritage--9.0 FTE positions $ 1,321,300
State game and wildlife area maintenance 200,000
Wildlife administration--14.5 FTE positions 1,448,200
Wildlife management--159.5 FTE positions 20,511,800
GROSS APPROPRIATION $ 23,481,300 Appropriated from:
Federal revenues:
DOD, federal 31,000
DOI, federal 7,942,100
EPA, federal 1,000
Special revenue funds:
Private funds 100,000
Game and fish protection fund 8,871,200
Game and fish protection fund -- deer habitat
reserve 2,019,100
Game and fish protection fund -- turkey permit
fees 1,457,000
Game and fish protection fund -- waterfowl
fees 103,000
Nongame wildlife fund 563,600
State general fund/general purpose $ 2,393,300
Sec. 106. FISHERIES MANAGEMENT
Full-time equated classified positions 225.0
Commercial fisheries--2.7 FTE positions $ 202,500
Fisheries administration--8.5 FTE positions 954,400
Fish production--57.4 FTE positions 6,872,400
Fisheries resource management--142.4 FTE
positions 13,166,200
Recreational fisheries--14.0 FTE positions 1,703,900
Stream habitat improvement 1,284,800
Treaty waters management fund work project 138,200 GROSS APPROPRIATION $ 24,322,400 Appropriated from:
Federal revenues:
DOC, federal 45,900
DOE, federal 1,000
DOI, federal 6,510,400
EPA, federal 142,100
IGLFC, federal 22,300
Special revenue funds:
Commercial fishing fee revenue 200
Game and fish protection fund 17,396,500
State general fund/general purpose $ 204,000
Sec. 107. PARKS AND RECREATION
Full-time equated classified positions 830.8
MacMullan conference center--7.0 FTE positions $ 1,266,200
Michigan civilian conservation corps--3.0 FTE
positions 1,304,600
Recreational boating--201.5 FTE positions 12,306,700
State park improvement revenue bonds-debt
service 1,200,000
State parks--600.8 FTE positions 39,635,300 Trails--18.5 FTE positions 2,372,600
GROSS APPROPRIATION $ 58,085,400 Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 1,266,200
Federal revenues:
EPA, federal 104,600
Special revenue funds:
Private funds 316,600
Harbor development fund 245,300
Michigan civilian conservation corps endowment
fund 1,304,600
Michigan state parks endowment fund 4,661,700
Michigan state waterways fund 12,061,400
Off-road vehicle trail improvement fund 575,400
Park improvement fund 26,497,500
Recreation improvement fund 284,900
Snowmobile trail improvement fund 1,724,000
State general fund/general purpose $ 9,043,200
Sec. 108. FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions 311.0
Adopt-a-forest program $ 50,000
Cooperative resource programs 1,250,000
Forest cultivation and reforestation--23.0 FTE
positions 3,996,900
Forest finance authority--9.0 FTE positions 1,680,400
Forest fire equipment 1,700,000
Forest fire protection--137.5 FTE positions 10,219,000
Forest management initiative 126,400
Forest recreation--14.5 FTE positions 2,162,700
Forest resource planning and land use--15.0 FTE
positions 4,727,700
Minerals management--15.3 FTE positions 1,813,700
National forest management 1,000
Private forest development--10.5 FTE positions 879,600
Resource mapping and aerial photography--0.2 FTE
positions 307,600
Timber harvest--86.0 FTE positions 7,031,800
GROSS APPROPRIATION $ 35,946,800 Appropriated from:
Federal revenues:
DAG, federal 1,556,800
DOI, federal 2,000
EPA, federal 1,000
Special revenue funds:
Private funds 804,800
Aircraft fees 106,500
Air photo-geographical information system 103,000
Game and fish protection fund 1,991,600
Forest camping fee revenue 1,257,700 Forest resource revenue 20,338,100
Michigan natural resources trust fund 1,081,400
Michigan state parks endowment fund 471,800
Michigan state waterways fund 340,500 Shop fees 56,300 State general fund/general purpose $ 7,835,300
Sec. 109. LAW ENFORCEMENT
Full-time equated classified positions 272.5
General law enforcement--262.5 FTE positions $ 25,337,800
Wildlife resource protection--10.0 FTE
positions 1,332,500
GROSS APPROPRIATION $ 26,670,300 Appropriated from:
Federal revenues:
DOI, federal 1,061,900
DOT, federal 2,001,200
Special revenue funds:
Game and fish protection fund 15,506,200
Game and fish - wildlife resource protection
fund 1,332,500
Marine safety fund 1,303,700
Off-road vehicle trail improvement fund 743,400
Snowmobile registration fee revenue 564,100
State general fund/general purpose $ 4,157,300
Sec. 110. PAYMENTS IN LIEU OF TAXES
Commercial forest reserve $ 2,691,700
Purchased land taxes 8,651,300
Swamp and tax reverted lands 7,071,500
GROSS APPROPRIATION $ 18,414,500
Appropriated from:
Special revenue funds:
Game and fish protection fund 3,694,200
Michigan natural resources trust fund 745,400
Michigan state waterways fund 236,700 State general fund/general purpose $ 13,738,200
Sec. 111. GRANTS
Federal - clean vessel act grants $ 175,000
Federal - forest stewardship grants 625,000
Federal - land and water conservation fund
payments 2,634,000
Federal - rural community fire protection 100,000
Federal - urban forestry grants 400,000
Game and nongame wildlife fund grants 100,000
Grants to communities-federal oil, gas, and
timber payments 3,450,000
Grant to counties -- marine safety 3,230,000
Inland fisheries resources grants 200,000
National recreational trails 1,850,000
Off-road vehicle trail improvement grants 1,374,500
Recreation improvement fund grants 1,100,000
Snowmobile law enforcement grants 1,142,000
Snowmobile local grants program 5,480,000
GROSS APPROPRIATION $ 21,860,500 Appropriated from:
Federal revenues:
DAG, federal 1,125,000
DOI, federal 2,809,000
DOI, oil and gas royalty revenue 150,000
DOI-MMS, federal timber revenue 3,300,000
DOT, federal 1,800,000
Special revenue funds:
Private funds 50,000
Game and fish protection fund 200,000
Marine safety fund 3,230,000
Nongame wildlife fund 100,000
Off-road vehicle trail improvement fund 1,374,500
Recreation improvement fund 1,100,000 Snowmobile registration fee revenue 1,142,000 Snowmobile trail improvement fund 5,480,000 State general fund/general purpose $ 0
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects $ 15,599,900
GROSS APPROPRIATION $ 15,599,900
Appropriated from:
Special revenue funds:
Air photo-geographic information system 20,800
Automated license system revenue 426,300
Delinquent property tax administration fund 36,100
Forest resource revenue 1,536,100
Game and fish protection fund 5,810,900
Game and fish protection fund-deer habitat
reserve 243,000
Game and fish-wildlife resource protection
fund 11,600
Land exchange facilitation fund 41,600
Land sale revenue 709,200
Marine safety fund 23,900
Michigan natural resources trust fund 986,900
Michigan state parks endowment fund 40,200
Michigan state waterways fund 762,300
Nongame wildlife fund 10,400
Off-road vehicle trail improvement fund 56,500
Park improvement fund 2,153,000
Recreation improvement fund 19,000
Snowmobile registration fee revenue 3,700
Snowmobile trail improvement fund 57,600
State general fund/general purpose $ 2,650,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2002-2003 is $220,481,500.00 and state spending from state resources to be paid to local units of government for fiscal year 2002-2003 is $22,786,500.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF NATURAL RESOURCES
PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands $ 7,071,500
Purchased lands/open space payments 8,651,300
Commercial forest reserve 2,691,700
GRANTS
Grants to counties - marine safety 3,230,000
Snowmobile law enforcement grants 1,142,000
TOTAL $ 22,786,500
Sec. 202. The appropriations authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this bill:
(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.
Sec. 204. 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. 205. 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.
(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, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exception.
Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under 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 $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under 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 under 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 $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 208. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this bill. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or Intranet site.
Sec. 210. (1) From funds appropriated in 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, 2003:
(a) The name of each program.
(b) The goals, criteria, filing fees, 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, the senate and house fiscal agencies, and the state budget office by January 1, 2003.
Sec. 216. Pursuant to section 43703(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43703, there is appropriated from the game and fish protection trust fund to the game and fish protection fund an amount of $6,000,000.00 for the fiscal year ending September 30, 2003.
Sec. 259. From the funds appropriated in part 1 for information technology, the department shall pay user fees to the department of information technology for technology related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the department and the department of information technology.
Sec. 260. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
EXECUTIVE
Sec. 301. The appropriations in part 1 for the commission may be used for per diem payments to the members of the commission or of committees of the commission for a full day of commission or committee work at which a quorum is present, for attending a hearing as authorized by the commission or committee, or for performing official business as authorized by the commission or committee. The per diem payment for members of the commission shall be $75.00.
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 ending September 30, 2003:
Projected balance from previous year $ 11,870,200
General purpose licenses 45,030,800
Game and fish protection trust fund
interest, earnings, and transfers 10,322,700
Federal indirect revenues 1,600,000
Miscellaneous revenues 800,000
Total general purpose game and fish
protection fund $ 69,623,700
Sec. 403. 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, 2003, for engineering services provided, a standard percentage fee to recover actual costs. The department may use the revenue derived to support the engineering services charges provided for in part 1.
Sec. 405. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 2003, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1.
Sec. 406. 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.
WILDLIFE MANAGEMENT
Sec. 602. 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 cervidae populations.
FISHERIES MANAGEMENT
Sec. 702. (1) From the appropriation in part 1 for stream habitat improvement, not more than $758,000.00 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.
PARKS AND RECREATION
Sec. 801. Pursuant to 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, 2003.
FOREST, MINERAL, AND FIRE MANAGEMENT
Sec. 901. (1) Of the funds appropriated in part 1, the department shall prescribe appropriate treatment on 63,000 acres, plus or minus 10%, at the current average rate of 12.5 to 13 cords per acre provided that the department shall take into consideration the impact of timber harvesting on wildlife habitat and recreation uses. In addition, the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management of timber.
(2) The department is encouraged to continue workgroup efforts to develop an old growth forest stewardship strategy.
Sec. 906. The appropriation in part 1 for federal forest management is contingent upon the delegation of timber management responsibilities by the U.S. department of agriculture. Additional funding may be provided for this purpose, pursuant to section 206.
GRANTS
Sec. 1201. The amount appropriated in part 1 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.
Sec. 1203. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. The department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget office on all amounts appropriated under this section.