March 19, 2003, Introduced by Senators BARCIA and PRUSI 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, 2004; 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
1 Sec. 101. Subject to the conditions set forth in this bill, the
2 amounts listed in this part are appropriated for the department of
3 agriculture for the fiscal year ending September 30, 2004, from the
4 funds indicated in this part. The following is a summary of the
5 appropriations in this part:
7 APPROPRIATIONS SUMMARY:
8 Full-time equated unclassified positions 6.0
9 Full-time equated classified positions 563.0
10 GROSS APPROPRIATION $ 89,244,000
11 Interdepartmental grant revenues:
12 Total interdepartmental grants and intradepartmental
13 transfers 10,857,400
14 ADJUSTED GROSS APPROPRIATION $ 78,386,600
15 Total federal revenues 6,801,700
16 Total local revenues 0
17 Total private revenues 1,127,600
18 Total other state restricted revenues 39,053,300
19 State general fund/general purpose $ 31,404,000
20 Sec. 102. EXECUTIVE
21 Full-time equated unclassified positions 6.0
22 Full-time equated classified positions 52.0
23 Commission and boards $ 63,300
24 Unclassified positions--6.0 FTE positions 428,500
25 Executive direction--4.0 FTE positions 752,000
26 Management services--44.0 FTE positions 2,833,100
27 Statistical reporting service--4.0 FTE positions 326,500
1 GROSS APPROPRIATION $ 4,403,400
2 Appropriated from:
3 Interdepartmental grant revenues:
4 IDG from MDCIS (LCC), nonretail liquor license fees 8,800
5 Special revenue funds:
6 Gasoline inspection and testing fund 47,800
7 Licensing and inspection fees 10,000
8 Michigan state fair revenue 80,500
9 State services fee fund 160,500
10 Upper Peninsula state fair revenue 9,000
11 Agriculture equine industry development fund 325,000
12 State general fund/general purpose $ 3,761,800
13 Sec. 103. DEPARTMENTWIDE
14 Rent and building occupancy charges $ 1,700,700
15 GROSS APPROPRIATION $ 1,700,700
16 Appropriated from:
17 Interdepartmental grant revenues:
18 IDG from MDCIS (LCC) nonretail liquor license fees 6,600
19 Federal revenues:
20 DAG, multiple grants 115,000
21 EPA, multiple grants 70,000
22 HHS , FDA 15,000
23 Special revenue funds:
24 Agriculture preservation fund 27,300
25 Groundwater and freshwater protection fund 10,900
26 Licensing and inspection fees 55,200
27 State services fee fund 304,600
1 State general fund/general purpose $ 1,096,100
2 Sec. 104. FOOD AND DAIRY
3 Full-time equated classified positions 108.0
4 Food safety and quality assurance--108.0 FTE positions $ 9,815,700
5 Local public health operations 8,977,500
6 GROSS APPROPRIATION $ 18,793,200
7 Appropriated from:
8 Interdepartmental grant revenues:
9 IDG from MDCH, local public health operations 8,977,500
10 Federal revenues:
11 HHS-FDA 186,700
12 DAG-AMS cooperative agreement 22,700
13 Special revenue funds:
14 Civil penalties 40,300
15 Licensing and inspection fees 2,740,200
16 State general fund/general purpose $ 6,825,800
17 Sec. 105. ANIMAL INDUSTRY
18 Full-time equated classified positions 50.0
19 Animal health and welfare--23.5 FTE positions $ 2,041,800
20 Bovine tuberculosis program--26.5 FTE positions 3,419,200
21 GROSS APPROPRIATION $ 5,461,000
22 Appropriated from:
23 Federal revenues:
24 HHS-FDA 9,000
25 DAG-multiple grants 150,000
26 Special revenue funds:
27 Agriculture equine industry development fund 550,000
1 Licensing and inspection fees 215,900
2 Pseudorabies and swine brucellosis fund 20,000
3 State general fund/general purpose $ 4,516,100
4 Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
5 Full-time equated classified positions 119.8
6 Pesticide and plant pest management--119.8 FTE
7 positions $ 12,037,800
8 Michigan State University 210,000
9 GROSS APPROPRIATION $ 12,247,800
10 Appropriated from:
11 Federal revenues:
12 DAG, multiple grants 2,014,400
13 EPA, multiple grants 1,510,000
14 HHS-FDA 60,000
15 Special revenue funds:
16 Private - slow-the-spread foundation 130,000
17 Commodity inspection fees 991,500
18 Licensing and inspection fees 2,779,800
19 Agriculture industry development fund 250,000
20 State general fund/general purpose $ 4,512,100
21 Sec. 107. ENVIRONMENTAL STEWARDSHIP
22 Full-time equated classified positions 47.0
23 Environmental stewardship--32.7 FTE positions $ 2,640,200
24 Groundwater and freshwater protection program--8.3 FTE
25 positions 4,924,000
26 Farmland and open space preservation--6.0 FTE positions 699,800
27 Agriculture pollution prevention program 100
1 Cooperative resources management initiative program 1,000,000
2 Energy conservation program 138,000
3 Local conservation districts 1,661,200
4 Migrant labor housing 255,000
5 GROSS APPROPRIATION $ 11,318,300
6 Appropriated from:
7 Interdepartmental grant revenues:
8 IDG from MDEQ, biosolids 80,000
9 IDG from MDEQ, type II well survey 15,000
10 IDG from MDNR, district forestry and wildlife program 1,000,000
11 IDG from MDEQ, right to farm 105,000
12 Federal revenues:
13 EPA, multiple grants 400,000
14 Special revenue funds:
15 Private - oil company overcharge settlement 193,900
16 Agricultural preservation fund 699,800
17 Agriculture pollution prevention fund 100
18 Groundwater and freshwater protection fund 4,745,500
19 Licensing and inspection fees 25,000
20 State general fund/general purpose $ 4,054,000
21 Sec. 108. LABORATORY PROGRAM
22 Full-time equated classified positions 117.0
23 Laboratory analysis program--63.5 FTE positions $ 5,012,100
24 USDA monitoring--18.0 FTE positions 1,828,500
25 Consumer protection program--35.5 FTE positions 3,046,500
26 GROSS APPROPRIATION $ 9,887,100
27 Appropriated from:
1 Interdepartmental grant revenues:
2 IDG from MDCIS (LCC), liquor quality testing fees 161,500
3 Federal revenues:
4 EPA, multiple grants 300,000
5 DAG, multiple grants 1,848,900
6 Special revenue funds:
7 Private - oil company overcharge settlement 803,700
8 Agriculture equine industry development fund 943,900
9 Gasoline inspection and testing fund 1,491,800
10 Testing fees 357,500
11 Weights and measures regulation fees 518,400
12 State general fund/general purpose $ 3,461,400
13 Sec. 109. MARKET DEVELOPMENT
14 Full-time equated classified positions 16.5
15 Marketing and emergency management--11.5 FTE positions $ 1,816,800
16 Agriculture development--5.0 FTE positions 724,900
17 Export market development program 100,000
18 Food bank 630,500
19 Future farmers of America 60,000
20 GROSS APPROPRIATION $ 3,332,200
21 Appropriated from:
22 Interdepartmental grant revenues:
23 IDG from MDCIS (LCC), nonretail liquor license fees 500,000
24 Federal revenues:
25 DAG, multiple grants 100,000
26 Special revenue funds:
27 Licensing and inspection fees 62,100
1 Industry support funds 260,000
2 Agriculture industry development fund 450,000
3 State general fund/general purpose $ 1,960,100
4 Sec. 110. FAIRS AND EXPOSITIONS
5 Full-time equated classified positions 21.0
6 Michigan state fair operations--9.0 FTE positions $ 5,110,200
7 Upper Peninsula state fair--7.0 FTE positions 1,214,400
8 Fairs and racing--5.0 FTE positions 612,500
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 2,284,600
12 Standardbred Fedele Fauri futurity 75,700
13 Standardbred Michigan futurity 75,700
14 Quarterhorse programs 37,100
15 Licensed tracks-light horse racing 71,900
16 Standardbred breeders' awards 1,156,600
17 Standardbred purses and supplements-licensed tracks 259,100
18 Standard sire stakes program 969,100
19 Standardbred training and stabling 40,900
20 Thoroughbred program 1,695,900
21 Thoroughbred sire stakes 969,100
22 Thoroughbred owners' awards 145,900
23 GROSS APPROPRIATION $ 17,295,900
24 Appropriated from:
25 Special revenue funds:
26 Agriculture equine industry development fund 7,781,600
27 Michigan state fair revenue 5,203,100
1 State services fee fund 3,096,800
2 Upper Peninsula state fair revenue 1,214,400
3 State general fund/general purpose $ 0
4 Sec. 111. OFFICE OF RACING COMMISSIONER
5 Full-time equated classified positions 31.7
6 Office of racing commissioner $ 3,342,500
7 GROSS APPROPRIATION $ 3,342,500
8 Appropriated from:
9 Special revenue funds:
10 Agriculture equine industry development fund 2,042,500
11 State services fee fund 1,300,000
12 State general fund/general purpose $ 0
13 Sec. 112. INFORMATION AND TECHNOLOGY
14 Information technology services and projects $ 1,461,900
15 GROSS APPROPRIATION $ 1,461,900
16 Appropriated from:
17 Interdepartmental grant revenues:
18 IDG from MDCIS (LCC), nonretail liquor license fees 500
19 IDG from MDCIS (LCC), liquor quality testing fees 2,500
20 Special revenue funds:
21 Groundwater and freshwater protection fund 100
22 Agriculture equine industry development fund 124,000
23 Agricultural preservation fund 200
24 State services fee fund 2,100
25 Upper Peninsula state fair revenue 900
26 Michigan state fair revenue 88,800
27 Gasoline inspection and testing fund 26,200
1 State general fund/general purpose $ 1,216,600
2 PART 2
3 PROVISIONS CONCERNING APPROPRIATIONS
5 Sec. 201. Pursuant to section 30 of article IX of the state
6 constitution of 1963, total state spending from state resources under
7 part 1 for fiscal year 2003-2004 is $70,457,300.00 and state spending
8 from state resources to be paid to units of local government for fiscal
9 year 2003-2004 is $3,461,200.00. The itemized statement below
10 identifies appropriations from which spending to units of local
11 government will occur:
13 Groundwater and freshwater protection program $ 1,800,000
14 Local conservation districts 1,661,200
15 TOTAL $ 3,461,200
16 Sec. 202. The appropriations authorized under this bill are subject
17 to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
18 Sec. 203. As used in this bill:
19 (a) "DAG" means the United States department of agriculture.
20 (b) "DAG-AMS" means the United States department of agriculture -
21 agriculture marketing service.
22 (c) "Department" means the department of agriculture.
23 (d) "Director" means the director of the department.
24 (e) "EPA" means the United States environmental protection
25 agency.
26 (f) "FTE" means full-time equated.
27 (g) "HHS-FDA" means the United States department of health and
1 human services - food and drug administration.
2 (h) "IDG" means interdepartmental grant.
3 (i) "MDCH" means the Michigan department of community health.
4 (j) "MDCIS (LCC)" means the Michigan department of consumer and
5 industry services - liquor control commission.
6 (k) "MDEQ" means the Michigan department of environmental
7 quality.
8 (l) "MDNR" means the Michigan department of natural resources.
9 (m) "USDA" means United States department of agriculture.
10 Sec. 204. The department of civil service shall bill departments and
11 agencies at the end of the first fiscal quarter for the 1% charge
12 authorized by section 5 of article XI of the state constitution of
13 1963. Payments shall be made for the total amount of the billing by the
14 end of the second fiscal quarter.
15 Sec. 205. (1) A hiring freeze is imposed on the state classified
16 civil service. State departments and agencies are prohibited from
17 hiring any new state classified civil service employees and prohibited
18 from filling any vacant state classified civil service positions. This
19 hiring freeze does not apply to internal transfers of classified
20 employees from 1 position to another within a department.
21 (2) The state budget director shall grant exceptions to this
22 hiring freeze when the state budget director believes that the hiring
23 freeze will result in rendering a state department or agency unable to
24 deliver basic services, cause a loss of revenue to the state, result in
25 the inability of the state to receive federal funds, or necessitate
26 additional expenditures that exceed any savings from maintaining a
27 vacancy. The state budget director shall report quarterly to the
1 chairpersons of the senate and house of representatives standing
2 committees on appropriations the number of exceptions to the hiring
3 freeze approved during the previous quarter and the reasons to justify
4 the exception.
5 Sec. 206. Unless otherwise specified, the department shall use the
6 Internet to fulfill the reporting requirements of this bill. This
7 requirement may include transmission of reports via electronic mail to
8 the recipients identified for each reporting requirement, or it may
9 include placement of reports on an Internet or Intranet site.
10 Sec. 207. From the funds appropriated in part 1 for information
11 technology, the department shall pay user fees to the department of
12 information technology for technology-related services and projects.
13 Such user fees shall be subject to provisions of an interagency
14 agreement between the department and the department of information
15 technology.
16 Sec. 208. Amounts appropriated in part 1 for information technology
17 may be designated as work projects and carried forward to support
18 department of agriculture projects under the direction of the
19 department of information technology. Funds designated in this manner
20 are not available for expenditure until approved as work projects under
21 section 451a of the management and budget act, 1984 431, MCL 18.1451a.
22 Sec. 209. (1) In addition to the funds appropriated in part 1, there
23 is appropriated an amount not to exceed $5,000,000.00 for federal
24 contingency funds. These funds are not available for expenditure until
25 they have been transferred to another line item in this bill under
26 section 393(2) of the management and budget act, 1984 PA 431, MCL
27 18.1393.
1 (2) In addition to the funds appropriated in part 1, there is
2 appropriated an amount not to exceed $6,000,000.00 for state restricted
3 contingency funds. These funds are not available for expenditure until
4 they have been transferred to another line item in this bill under
5 section 393(2) of the management and budget act, 1984 PA 431, MCL
6 18.1393.
7 (3) In addition to the funds appropriated in part 1, there is
8 appropriated an amount not to exceed $100,000.00 for local contingency
9 funds. These funds are not available for expenditure until they have
10 been transferred to another line item in this bill under section 393(2)
11 of the management and budget act, 1984 PA 431, MCL 18.1393.
12 (4) In addition to the funds appropriated in part 1, there is
13 appropriated an amount not to exceed $100,000.00 for private
14 contingency funds. These funds are not available for expenditure until
15 they have been transferred to another line item in this bill under
16 section 393(2) of the management and budget act, 1984 PA 431, MCL
17 18.1393.
18 Sec. 210. (1) Of the funds appropriated in part 1, the department
19 may provide for indemnity as provided for pursuant to the animal
20 industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747, not to
21 exceed $100,000.00 per order from any line item for the fiscal year
22 ending September 30, 2004. Before the department provides for an
23 indemnification under this section, the department shall report the
24 reason for the indemnification, the amount of the indemnification, and
25 to whom the indemnification is to be paid. The report shall be given
26 to each member of the house and senate appropriations subcommittees on
27 agriculture and to the senate and house fiscal agencies and the state
1 budget director.
2 Sec. 211. (1) In addition to the amounts appropriated in part 1, in
3 order to encourage administrative efficiencies, there is appropriated
4 to the department of agriculture, an amount not to exceed one-half of
5 the unexpended, unreserved general fund portions of fiscal year 2002-
6 2003 appropriations made to the department for salaries and wages
7 expenses, contractual services, supplies and materials expenses,
8 information technology expenses and program operations costs.
9 (2) The appropriations contained in subsection 1 are subject to
10 the approval of the state budget director and shall be spent for the
11 same purposes for which the original appropriation was made in fiscal
12 year 2002-2003.
14 Sec. 301. The department may receive and expend revenue and use that
15 revenue to cover necessary expenses related to publications, audit and
16 licensing functions, livestock sales, certification of nursery stock,
17 bean inspection services, and laboratory analyses as specified in the
18 following:
19 (a) Management services publications.
20 (b) Management services audit and licensing functions.
21 (c) Upper Peninsula state fair livestock sales.
22 (d) Pesticide and plant pest management propagation and
23 certification of virus free foundation stock.
24 (e) Pesticide and plant pest management bean inspection and
25 grading services.
26 (f) Laboratory support testing for testing horses in draft horse
27 pulling contests at county fairs when local jurisdictions request state
28 assistance.
1 (g) Laboratory support analyses to determine foreign substances
2 in horses engaged in racing or pulling contests at tracks.
3 (h) Laboratory support analysis of food, livestock, and
4 agricultural products for disease, foreign products for disease, toxic
5 materials, foreign substances, and quality standards.
6 (i) Laboratory support test samples for other agencies and
7 organizations.
8 (j) Fruit and vegetable inspection at shipping and termination
9 points and processing plants.
11 Sec. 401. (1) The department shall monitor restaurant inspection and
12 licensing functions carried out by local health departments to ensure
13 uniform application and enforcement of minimum program requirements.
14 On or before April 1, 2004, the department shall report to the senate
15 and house appropriations subcommittees on agriculture, the senate and
16 house fiscal agencies, and the state budget director on local health
17 department conformance with minimum program requirements.
19 Sec. 501. From the funds appropriated in section 105 for the bovine
20 tuberculosis program, the department of agriculture shall reimburse the
21 department of natural resources for those costs associated with
22 monitoring and testing wildlife for bovine tuberculosis that are
23 necessary to support the department of agriculture goals and are
24 jointly agreed to by the department of agriculture and the department
25 of natural resources to be in excess of efforts necessary to
26 effectively plan and execute the eradication of bovine tuberculosis
27 from Michigan's wild free-ranging deer herd.
2 Sec. 601. The funds appropriated in section 107 for the energy
3 conservation program shall be distributed on a competitive basis that
4 will be based on statewide energy conservation criteria.
5 Sec. 602. The department may expend the amount appropriated in
6 section 107 for migrant labor housing grants for construction of new
7 migrant labor housing. Project grants shall not exceed $5,000.00 per
8 unit. An applicant is not eligible for more than a $20,000.00 grant in
9 any fiscal year. Units shall be equivalent in construction to units
10 approved by the DAG-rural development agency for low interest
11 construction loans and shall be not less than 484 square feet in size
12 and be self-contained with a minimum of 1 bedroom, a kitchen, a flush
13 toilet, a lavatory, and bathing facilities.
14 Sec. 603. The appropriation in section 107 for local conservation
15 districts shall be allocated in the following manner:
16 (a) Of the total appropriation, $130,000.00 shall be allocated
17 for local conservation district training.
18 (b) Of the total appropriation, each local conservation district
19 meeting the minimum grant requirements shall receive a grant of
20 $20,000.00 to support basic operations, unless the district resides in
21 a county consisting of multiple districts, in which case a $18,000.00
22 grant shall be divided equally among the districts in that county. The
23 amount of money
24 allocated under this subdivision shall not be used by local
25 conservation districts to replace any money received from local
26 sources.
27 (c) Of the remaining appropriation after distributions under
1 subdivisions (a) and (b), additional grants, not to exceed $20,000.00
2 per local conservation district, may be provided based on a formula
3 approved by the commission of agriculture. Grants under this
4 subdivision shall require at least a 100% cash or in-kind local match.
6 Sec. 701. Within the appropriations in part 1 for market
7 development, $500,000.00 is for the grape and wine industry council,
8 from which the department may provide grants for the purposes as
9 described in section 303 of the Michigan liquor control code of 1998,
10 1998 PA 58, MCL 436.1303.
11 Sec. 702. In any given year when insufficient amounts of Michigan
12 surplus products are offered to the food bank council and accepted for
13 distribution, unused funds may be applied by the food bank council for
14 the direct purchase of foods from Michigan growers, manufacturers, or
15 wholesalers.
16 Sec. 703. Indirect costs may not be charged against the future
17 farmers of America grant in section 109 by any administering agency.
18 Sec. 704. The department is authorized to receive and expend up to
19 $5,000,000.00 of utility company uncollectible allowance recovery fund
20 resources which may be deposited into the agricultural development fund
21 for the support of grants for value-added agricultural processing and
22 agricultural production ventures in accordance with the Julian-Stille
23 value-added act, 2000 PA 322, MCL 285.301 to 285.304. The agriculture
24 development fund resources when certified as available by the
25 department of treasury shall remain unallotted until such time as the
26 state budget director has reviewed and approved a department submitted
27 allotment schedule. Expenditures for support of agricultural
1 processing and production ventures shall not exceed revenues received.
2 Unexpended resources remaining in the fund at the end of the fiscal
3 year shall remain in the fund and not lapse to the general fund.
5 Sec. 801. (1) The appropriation of $259,100.00 in part 1 for
6 standardbred purses and supplements - licensed tracks is intended to
7 provide state purse supplements for 4 races at state licensed pari-
8 mutuel horse racing tracks. The purse supplements are to be used for
9 races comprised only of Michigan-bred horses segregated into a 4-year-
10 old colt trot division, a 4-year-old filly trot division, a 4-year-old
11 colt pace division, and a 4-year-old filly pace division.
12 Sec. 802. Included in the appropriation made in part 1 for the
13 thoroughbred program is $30,500.00 for the Michigan united thoroughbred
14 breeders and owners association to conduct a thoroughbred yearling
15 show. The Michigan united thoroughbred breeders and owners association
16 shall submit to the department an itemized list of expenses showing
17 that the expenses of the yearling show were paid.
18 Sec. 803. From the funds appropriated in section 110 for
19 thoroughbred owners' awards, awards shall be distributed in compliance
20 with MCL 431.320.
21 Sec. 804. A county fair, district fair, 4-H fair, or state fair
22 receiving funds in section 110 to be used for prizes or awards, in
23 whole or in part, as a condition precedent to the receiving of the
24 funds for those purposes, shall publish the rules relative to the
25 prizes, awards, and deadlines for entries eligible for the funds in
26 their official premium books or lists relative to the prizes or awards.
27 An aggrieved exhibitor may make a written complaint to the fair within
1 10 days after the fair ends. If the fair has not satisfactorily
2 settled the grievance within 45 days after it is submitted to the fair,
3 the aggrieved person may file the complaint with the department and the
4 department shall investigate the complaint and make a finding of fact
5 regarding the complaint and take appropriate action regarding the
6 complaint.
7 Sec. 805. Of the amount appropriated in section 110 for purses and
8 supplements - fairs/licensed tracks, a sufficient amount is
9 appropriated to provide for overnight purse supplements pursuant to the
10 horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
11 Sec. 806. From the appropriations for premiums - county and state
12 fairs in section 110, $120,000.00 shall be awarded through a
13 competitive grant program to local, regional, or state fairs or
14 expositions to promote youth involvement and adult exhibitions in the
15 animal agriculture industry. Appropriate exhibition classes for youth
16 shall be developed that encourage a production exhibit for which
17 premium awards may be paid. The age for youth exhibitors shall be
18 determined by the standards of the association requesting the grant or,
19 if standards do not exist, the age for youth exhibitors shall be ages 9
20 through 21. Implementation of the latest technologies into the
21 evaluation of the animals shall be encouraged in the production
22 exhibit. Adult exhibitions should focus on the performance or end
23 product, or both, with the appropriate technologies used to enhance
24 placings and the awarding of premiums.
25 Sec. 807. An individual or other entity that leases land, a
26 building, or other property under the Michigan exposition and
27 fairgrounds act, 1978 PA 361, MCL 285.161 to 285.176, is not eligible
1 for a state grant, loan, appropriation, or other state subsidy related
2 to the leased land, building, or other property.
4.. Sec. 901. The racing commissioner may pay rewards of not more than
...
5 $5,800.00 to a person who provides information that results in the
...
6 arrest and conviction on a felony or misdemeanor charge for a crime
...
7 that involves the horse racing industry. A reward paid pursuant to
...
8 this section shall be paid out of the office of racing commissioner
...
9 line item.