February 26, 2004, Introduced by Rep. Phillips and referred to the Committee on Appropriations.
EXECUTIVE BUDGET BILL
A bill to make appropriations for the department of agriculture for
the fiscal year ending September 30, 2005; 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:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
3 Sec. 101. Subject to the conditions set forth in this bill, the
1 amounts listed in this part are appropriated for the department of
2 agriculture for the fiscal year ending September 30, 2005, from the
3 funds indicated in this part. The following is a summary of the
4 appropriations in this part:
6 APPROPRIATIONS SUMMARY:
7 Full-time equated unclassified positions 6.0
8 Full-time equated classified positions 709.0
9 GROSS APPROPRIATION $ 116,641,500
10 Interdepartmental grant revenues:
11 Total interdepartmental grants and intradepartmental
12 transfers 10,831,700
13 ADJUSTED GROSS APPROPRIATION $ 105,809,800
14 Federal revenues:
15 Total federal revenues 33,406,200
16 Special revenue funds:
17 Total local revenues 0
18 Total private revenues 138,700
19 Total other state restricted revenues 40,755,500
20 State general fund/general purpose $ 31,509,400
21 Sec. 102. EXECUTIVE
22 Full-time equated unclassified positions 6.0
23 Full-time equated classified positions 52.0
24 Commission and boards $ 53,300
25 Unclassified positions--6.0 FTE positions 428,500
26 Executive direction--10.0 FTE positions 1,128,500
27 Statistical reporting service--4.0 FTE positions 342,200
1 Management services--35.5 FTE positions 2,834,600
2 Human resource optimization user charges 29,500
3 Emergency management--2.5 FTE positions 206,900
4 GROSS APPROPRIATION $ 5,023,500
5 Appropriated from:
6 Interdepartmental grant revenues:
7 IDG from MDLEG (LCC), nonretail liquor license fees 8,800
8 Special revenue funds:
9 Gasoline inspection and testing fund 52,500
10 Industry support funds 30,000
11 Michigan state fair revenue 80,500
12 State services fee fund 352,000
13 Upper Peninsula state fair revenue 9,000
14 State general fund/general purpose $ 4,490,700
15 Sec. 103. DEPARTMENTWIDE
16 Rent and building occupancy $ 1,486,400
17 Employee turnover savings (100,000)
18 Agriculture equine industry development fund
19 reimbursement 0
20 GROSS APPROPRIATION $ 1,386,400
21 Appropriated from:
22 Interdepartmental grant revenues:
23 IDG from MDLEG (LCC), nonretail liquor license fees 5,800
24 Federal revenues:
25 DAG, multiple grants 100,500
26 EPA, multiple grants 61,200
27 HHS , FDA 13,100
1 Special revenue funds:
2 Agricultural preservation fund 23,900
3 Agriculture equine industry development fund 2,025,000
4 Groundwater and freshwater protection fund 9,500
5 Licensing and inspection fees 48,200
6 State services fee fund 304,600
7 State general fund/general purpose $ (1,205,400)
8 Sec. 104. FOOD AND DAIRY
9 Full-time equated classified positions 107.0
10 Food safety and quality assurance--107.0 FTE positions $ 10,313,800
11 Local public health operations 8,878,700
12 GROSS APPROPRIATION $ 19,192,500
13 Appropriated from:
14 Interdepartmental grant revenues:
15 IDG from MDCH, local public health operations 8,878,700
16 Federal revenues:
17 DAG, multiple grants 24,800
18 HHS, FDA 203,700
19 Special revenue funds:
20 Civil penalties 43,900
21 Licensing and inspection fees 3,030,400
22 State general fund/general purpose $ 7,011,000
23 Sec. 105. ANIMAL INDUSTRY
24 Full-time equated classified positions 49.0
25 Animal health and welfare--22.5 FTE positions $ 2,391,100
26 Bovine tuberculosis program--26.5 FTE positions 5,222,400
27 GROSS APPROPRIATION $ 7,613,500
1 Appropriated from:
2 Federal revenues:
3 DAG, multiple grants 1,251,000
4 HHS, FDA 68,800
5 Special revenue funds:
6 Agriculture equine industry development fund 52,800
7 Licensing and inspection fees 180,800
8 Pseudorabies and swine brucellosis fund 21,200
9 State general fund/general purpose $ 6,038,900
10 Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
11 Full-time equated classified positions 274.8
12 Pesticide and plant pest management--119.8 FTE
13 positions $ 12,494,400
14 Emerald ash borer control program--155.0 FTE positions 25,197,300
15 GROSS APPROPRIATION $ 37,691,700
16 Appropriated from:
17 Federal revenues:
18 DAG, multiple grants 27,272,500
19 EPA, multiple grants 1,563,500
20 HHS, FDA 64,000
21 Special revenue funds:
22 Private - slow-the-spread foundation 138,700
23 Commodity inspection fees 709,400
24 Horticulture fund 74,700
25 Industry support funds 319,900
26 Licensing and inspection fees 2,860,700
27 State general fund/general purpose $ 4,688,300
1 Sec. 107. ENVIRONMENTAL STEWARDSHIP
2 Full-time equated classified positions 47.0
3 Environmental stewardship--32.7 FTE positions $ 2,570,700
4 Groundwater and freshwater protection program--8.3 FTE
5 positions 4,931,700
6 Farmland and open space preservation--6.0 FTE positions 905,400
7 Cooperative resources management initiative program 1,000,000
8 Agriculture pollution prevention program 100
9 Local conservation districts 1,580,000
10 Migrant labor housing 255,000
11 GROSS APPROPRIATION $ 11,242,900
12 Appropriated from:
13 Interdepartmental grant revenues:
14 IDG from MDEQ, biosolids 86,100
15 IDG from MDEQ, right to farm 113,000
16 IDG from MDEQ, type II well survey 16,100
17 IDG from MDNR, district forestry and wildlife program 1,000,000
18 Federal revenues:
19 EPA, multiple grants 419,700
20 Special revenue funds:
21 Agricultural preservation fund 905,400
22 Agriculture pollution prevention fund 100
23 Groundwater and freshwater protection fund 4,802,700
24 State general fund/general purpose $ 3,899,800
25 Sec. 108. LABORATORY PROGRAM
26 Full-time equated classified positions 114.0
27 Laboratory services--114.0 FTE positions $ 10,336,500
1 GROSS APPROPRIATION $ 10,336,500
2 Appropriated from:
3 Interdepartmental grant revenues:
4 IDG from MDLEG (LCC), liquor quality testing fees 174,500
5 Federal revenues:
6 DAG, multiple grants 1,926,900
7 EPA, multiple grants 324,100
8 Special revenue funds:
9 Agriculture equine industry development fund 479,600
10 Gasoline inspection and testing fund 1,957,100
11 Oil and gas regulatory fund 486,200
12 Testing fees 386,100
13 Weights and measures regulation fees 560,100
14 State general fund/general purpose $ 4,041,900
15 Sec. 109. AGRICULTURE DEVELOPMENT
16 Full-time equated classified positions 8.0
17 Food bank $ 630,500
18 Future farmers of America 60,000
19 Agriculture development--5.0 FTE positions 754,400
20 Grape and wine program--3.0 FTE positions 677,600
21 GROSS APPROPRIATION $ 2,122,500
22 Appropriated from:
23 Interdepartmental grant revenues:
24 IDG from MDLEG (LCC), nonretail liquor license fees 545,400
25 Federal revenues:
26 DAG, multiple grants 112,400
27 Special revenue funds:
1 Industry support funds 232,200
2 State services fee fund 263,700
3 State general fund/general purpose $ 968,800
4 Sec. 110. FAIRS AND EXPOSITIONS
5 Full-time equated classified positions 25.5
6 Michigan state fair operations--9.0 FTE positions $ 5,153,800
7 Upper Peninsula state fair--7.0 FTE positions 1,281,600
8 Fairs, racing and producer security--9.5 FTE positions 1,124,100
9 Building and track improvement - county and state fairs 963,200
10 Premiums - county and state fairs 1,614,000
11 Purses and supplements - fairs/licensed tracks 1,809,900
12 Standardbred Fedele Fauri futurity 59,900
13 Standardbred Michigan futurity 59,900
14 Quarterhorse programs 29,500
15 Licensed tracks - light horse racing 57,000
16 Standardbred breeders’ awards 916,300
17 Standardbred purses and supplements - licensed tracks 205,200
18 Standard sire stakes program 767,700
19 Standardbred training and stabling 32,400
20 Thoroughbred program 1,343,500
21 Thoroughbred sire stakes 767,700
22 Thoroughbred owners’ awards 115,600
23 Distribution of outstanding winning tickets 500,000
24 GROSS APPROPRIATION $ 16,801,300
25 Appropriated from:
26 Special revenue funds:
27 Agriculture equine industry development fund 6,664,600
1 Industry support funds 30,000
2 Licensing and inspection fees 112,500
3 Michigan state fair revenue 5,316,800
4 State services fee fund 3,177,500
5 Upper Peninsula state fair revenue 1,281,600
6 State general fund/general purpose $ 218,300
7 Sec. 111. OFFICE OF RACING COMMISSIONER
8 Full-time equated classified positions 31.7
9 Office of racing commissioner--31.7 FTE positions $ 3,609,200
10 GROSS APPROPRIATION $ 3,609,200
11 Appropriated from:
12 Special revenue funds:
13 Agriculture equine industry development fund 2,309,200
14 State services fee fund 1,300,000
15 State general fund/general purpose $ 0
16 Sec. 112. INFORMATION AND TECHNOLOGY
17 Information technology services and projects $ 1,621,500
18 GROSS APPROPRIATION $ 1,621,500
19 Appropriated from:
20 Interdepartmental grant revenues:
21 IDG from MDLEG (LCC), liquor quality testing fees 2,800
22 IDG from MDLEG (LCC), nonretail liquor license fees 500
23 Special revenue funds:
24 Agricultural preservation fund 200
25 Agriculture equine industry development fund 142,800
26 Gasoline inspection and testing fund 26,200
27 Groundwater and freshwater protection fund 100
1 Michigan state fair revenue 88,800
2 State services fee fund 2,100
3 Upper Peninsula state fair revenue 900
4 State general fund/general purpose $ 1,357,100
5 PART 2
6 PROVISIONS CONCERNING APPROPRIATIONS
8 Sec. 201. Pursuant to section 30 of article IX of the state
9 constitution of 1963, total state spending from state resources under
10 part 1 for fiscal year 2004-2005 is $72,264,900.00 and state spending
11 from state resources to be paid to units of local government for fiscal
12 year 2004-2005 is $3,380,000.00. The itemized statement below
13 identifies appropriations from which spending to units of local
14 government will occur:
16 Groundwater and freshwater protection program $ 1,800,000
17 Local conservation districts 1,580,000
18 TOTAL $ 3,380,000
19 Sec. 202. The appropriations authorized under this bill are subject
20 to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
21 Sec. 203. As used in this bill:
22 (a) "DAG" means the United States department of agriculture.
23 (b) "Department" means the department of agriculture.
24 (c) "Director" means the director of the department.
25 (d) "EPA" means the United States environmental protection
26 agency.
27 (e) "FTE" means full-time equated.
1 (f) "HHS, FDA" means the United States department of health and
2 human services - food and drug administration.
3 (g) "IDG" means interdepartmental grant.
4 (h) "MDCH" means the Michigan department of community health.
5 (i) "MDEQ" means the Michigan department of environmental
6 quality.
(j) 7 (j) "MDLEG (LCC)" means the Michigan department of labor and
(k)
8 economic growth - liquor control commission.
9 (k) "MDNR" means the Michigan department of natural resources.
10 Sec. 204. The department of civil service shall bill the department
11 at the end of the first fiscal quarter for the 1% charge authorized by
12 section 5 of article XI of the state constitution of 1963. Payments
13 shall be made for the total amount of the billing by the end of the
14 second fiscal quarter.
15 Sec. 208. Unless otherwise specified, the department receiving
16 appropriations in part 1 shall use the Internet to fulfill the
17 reporting requirements of this bill. This requirement may include
18 transmission of reports via electronic mail to the recipients
19 identified for each reporting requirement, or it may include placement
20 of reports on an Internet or Intranet site.
21 Sec. 212. (1) Of the funds appropriated in part 1, the department
22 may provide for indemnity as provided for pursuant to the animal
23 industry act, 1988 PA 466, MCL 287.701 to 287.745, not to exceed
24 $100,000.00 per order from any line item for the fiscal year ending
25 September 30, 2005. Before the department provides for an
26 indemnification under this section, the department shall report the
27 reason for the indemnification, the amount of the indemnification, and
1 to whom the indemnification is to be paid. The report shall be given
2 to each member of the house and senate appropriations subcommittees on
3 agriculture and to the senate and house fiscal agencies and the state
4 budget director.
5 Sec. 219. From the funds appropriated in part 1 for information
6 technology, the department shall pay user fees to the department of
7 information technology for technology-related services and projects.
8 Such user fees shall be subject to provisions of an interagency
9 agreement between the department and the department of information
10 technology.
11 Sec. 220. Amounts appropriated in part 1 for information technology
12 may be designated as work projects and carried forward to support
13 technology projects under the direction of the department of
14 information technology. Funds designated in this manner are not
15 available for expenditure until approved as work projects under section
16 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
17 Sec. 225. (1) In addition to the funds appropriated in part 1,
18 there is appropriated an amount not to exceed $5,000,000.00 for federal
19 contingency funds. These funds are not available for expenditure until
20 they have been transferred to another line item in this bill under
21 section 393(2) of the management and budget act, 1984 PA 431, MCL
22 18.1393.
23 (2) In addition to the funds appropriated in part 1, there is
24 appropriated an amount not to exceed $6,000,000.00 for state restricted
25 contingency funds. These funds are not available for expenditure until
26 they have been transferred to another line item in this bill under
27 section 393(2) of the management and budget act, 1984 PA 431, MCL
1 18.1393.
2 (3) In addition to the funds appropriated in part 1, there is
3 appropriated an amount not to exceed $100,000.00 for local contingency
4 funds. These funds are not available for expenditure until they have
5 been transferred to another line item in this bill under section 393(2)
6 of the management and budget act, 1984 PA 431, MCL 18.1393.
7 (4) In addition to the funds appropriated in part 1, there is
8 appropriated an amount not to exceed $100,000.00 for private
9 contingency funds. These funds are not available for expenditure until
10 they have been transferred to another line item in this bill under
11 section 393(2) of the management and budget act, 1984 PA 431, MCL
12 18.1393.
20 Sec. 302. The department may receive and expend revenue and use
21 that revenue to cover necessary expenses related to publications, audit
22 and licensing functions, livestock sales, certification of nursery
23 stock, bean inspection services, and laboratory analyses as specified
24 in the following:
25 (a) Management services publications.
26 (b) Management services audit and licensing functions.
27 (c) Pesticide and plant pest management propagation and
1 certification of virus-free foundation stock.
2 (d) Pesticide and plant pest management bean inspection and
3 grading services.
4 (e) Laboratory support testing for testing horses in draft horse
5 pulling contests at county fairs when local jurisdictions request state
6 assistance.
7 (f) Laboratory support analyses to determine foreign substances
8 in horses engaged in racing or pulling contests at tracks.
9 (g) Laboratory support analysis of food, livestock, and
10 agricultural products for disease, foreign products for disease, toxic
11 materials, foreign substances, and quality standards.
12 (h) Laboratory support test samples for other agencies and
13 organizations.
14 (i) Fruit and vegetable inspection at shipping and termination
15 points and processing plants.
17 Sec. 401. The department shall monitor restaurant inspection and
18 licensing functions carried out by local health departments to ensure
19 uniform application and enforcement of minimum program requirements.
21 Sec. 450. From the funds appropriated in part 1 for the bovine
22 tuberculosis program, the department of agriculture shall reimburse the
23 department of natural resources for those costs associated with
24 monitoring and testing wildlife for bovine tuberculosis that are
25 necessary to support the department of agriculture goals and are
26 jointly agreed to by the department of agriculture and the department
27 of natural resources to be in excess of efforts necessary to
1 effectively plan and execute the eradication of bovine tuberculosis
2 from Michigan’s wild free-ranging deer herd.
3 Sec. 451. From the funds appropriated in part 1 for bovine
4 tuberculosis, the department shall pay for all whole herd testing costs
5 to achieve and maintain split-state status requirements. These costs
6 include indemnity and compensation for injury causing death or downer
7 to animals.
9 Sec. 602. The department may expend the amount appropriated in
10 section 107 for migrant labor housing grants for construction of new
11 migrant labor housing. Project grants shall not exceed $5,000.00 per
12 unit. An applicant is not eligible for more than a $20,000.00 grant in
13 any fiscal year.
14 Sec. 604. The appropriation in section 107 for local conservation
15 districts shall be allocated in the following manner:
16 (a) Of the total appropriation, each local conservation district
17 meeting the minimum grant requirements shall receive a grant of
18 $20,000.00 to support basic operations, unless the district resides in
19 a county consisting of multiple districts, in which case a $20,000.00
20 grant shall be divided equally among the districts in that county. The
21 amount of money
22 allocated under this subdivision shall not be used by local
23 conservation districts to replace any money received from local
24 sources.
25 (b) Any remaining appropriation after distributions under
26 subparagraph (a), shall be allocated for local conservation district
27 training.
2 Sec. 701. Within the appropriations in part 1 for agriculture
3 development, $662,000.00 is for the grape and wine industry council,
4 from which the department may provide grants for the purposes as
5 described in section 303 of the Michigan liquor control code of 1998,
6 1998 PA 58, MCL 436.1303.
7 Sec. 702. In any given year when insufficient amounts of Michigan
8 surplus products are offered to the food bank council and accepted for
9 distribution, unused funds may be applied by the food bank council for
10 the direct purchase of foods from Michigan growers, manufacturers, or
11 wholesalers.
12 Sec. 704. Indirect costs may not be charged against the future
13 farmers of America grant in section 109 by any administering agency.
15 Sec. 802. (1) The appropriation in section 110 for standardbred
16 purses and supplements - licensed tracks is intended to provide state
17 purse supplements for 4 races at state licensed pari-mutuel horse
18 racing tracks. The purse supplements are to be used for races
19 comprised only of Michigan-bred horses segregated into a 4-year-old
20 colt trot division, a 4-year-old filly trot division, a 4-year-old colt
21 pace division, and a 4-year-old filly pace division.
22 (2) The appropriation in part 1 for licensed tracks - light
23 horse racing shall be allocated as follows:
24 Arabian and Appaloosa horse racing 14,300
25 Quarter horse racing 42,700
26 Sec. 803. Included in the appropriation made in section 110 for the
27 thoroughbred program is $30,500.00 for the Michigan united thoroughbred
1 breeders and owners association to conduct a thoroughbred yearling
2 show. The Michigan united thoroughbred breeders and owners association
3 shall submit to the department an itemized list of expenses showing
4 that the expenses of the yearling show were paid.
5 Sec. 804. From the funds appropriated in section 110 for
6 thoroughbred owners’ awards, awards shall be distributed pursuant to
7 section 20 of the horse racing law of 1995, 1995 PA 279, MCL 431.320.
8 Sec. 806. A county fair, district fair, 4-H fair, or state fair
9 receiving funds in section 110 to be used for prizes or awards, in
10 whole or in part, as a condition precedent to the receiving of the
11 funds for those purposes, shall publish the rules relative to the
12 prizes, awards, and deadlines for entries eligible for the funds in
13 their official premium books or lists relative to the prizes or awards.
14 An aggrieved exhibitor may make a written complaint to the fair within
15 10 days after the fair ends. If the fair has not satisfactorily
16 settled the grievance within 45 days after it is submitted to the fair,
17 the aggrieved person may file the complaint with the department and the
18 department shall investigate the complaint and make a finding of fact
19 regarding the complaint and take appropriate action regarding the
20 complaint.
21 Sec. 807. Of the amount appropriated in section 110 for purses and
22 supplements - fairs/licensed tracks, a sufficient amount is
23 appropriated to provide for overnight purse supplements pursuant to the
24 horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
25 Sec. 809. From the appropriations for premiums - county and state
26 fairs in section 110, up to $120,000.00 shall be awarded through a
27 competitive grant program to local, regional, or state fairs or
1 expositions to promote youth involvement and adult exhibitions in the
2 animal agriculture industry. Appropriate exhibition classes for youth
3 shall be developed that encourage a production exhibit for which
4 premium awards may be paid. The age for youth exhibitors shall be
5 determined by the standards of the association requesting the grant or,
6 if standards do not exist, the age for youth exhibitors shall be ages 9
7 through 21. Implementation of the latest technologies into the
8 evaluation of the animals shall be encouraged in the production
9 exhibit. Adult exhibitions should focus on the performance or end
10 product, or both, with the appropriate technologies used to enhance
11 placings and the awarding of premiums.
13 Sec. 901. The racing commissioner may pay rewards of not more than
14 $5,800.00 to a person who provides information that results in the
15 arrest and conviction on a felony or misdemeanor charge for a crime
16 that involves the horse racing industry. A reward paid pursuant to
17 this section shall be paid out of the office of racing commissioner
18 line item.