HB-5807, As Passed Senate, May 27, 2008
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5807
A bill to make appropriations for the department of
agriculture for the fiscal year ending September 30, 2009; 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:
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
agriculture for the fiscal year ending September 30, 2009, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF AGRICULTURE
APPROPRIATION SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 593.5
GROSS APPROPRIATION.................................... $ 104,855,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 11,339,200
ADJUSTED GROSS APPROPRIATION........................... $ 93,515,800
Federal revenues:
Total federal revenues................................. 14,861,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 237,200
Total other state restricted revenues.................. 45,927,400
State general fund/general purpose..................... $ 32,490,200
FUND SOURCE SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 593.5
GROSS APPROPRIATION.................................... $ 104,855,000
Interdepartmental grant revenues:
IDG from MDCH, local public health operations.......... 8,878,700
IDG from MDEQ, aquifer protection and dispute
resolution........................................... 50,000
IDG from MDEQ, biosolids............................... 92,500
IDG from MDEQ, MAEAP................................... 159,100
IDG from MDEQ, type II well survey..................... 17,000
IDG from DHS, food bank................................ 150,000
IDG from MDLEG (LCC), liquor quality testing fees...... 191,900
IDG from MDNR, district forestry and wildlife program.. 1,800,000
Total interdepartmental grants and intradepartmental
transfers............................................ 11,339,200
ADJUSTED GROSS APPROPRIATION........................... $ 93,515,800
Federal revenues:
DAG, multiple grants................................... 11,376,400
EPA, multiple grants................................... 1,753,300
HHS-FDA................................................ 1,077,700
United States department of labor...................... 400,000
Corporation for national and community services........ 253,600
Total federal revenues................................. 14,861,000
Special revenue funds:
Private - commodity group.............................. 89,200
Private - slow-the-spread foundation................... 148,000
Total private revenues................................. 237,200
Agricultural preservation fund......................... 900,000
Agriculture equine industry development fund........... 12,548,400
Agriculture pollution prevention fund.................. 100
Cervidae licensing and inspection fees................. 75,000
Commodity inspection fees.............................. 1,084,000
Dairy and food safety fund............................. 2,728,300
Gasoline inspection and testing fund................... 2,620,700
Freshwater protection fund............................. 5,174,300
Horticulture fund...................................... 79,700
Industry support funds................................. 697,900
Licensing and inspection fees.......................... 4,038,400
Migratory labor housing................................ 25,000
Nonretail liquor fees.................................. 678,600
Refined petroleum fund................................. 3,339,000
State services fee fund................................ 9,185,700
Testing fees........................................... 434,500
Upper Peninsula state fair revenue..................... 1,382,500
Consumer and industry food safety education fund....... 260,500
Weights and measures regulation fees................... 674,800
Total other state restricted revenues.................. 45,927,400
State general fund/general purpose..................... $ 32,490,200
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 37.5
Commission and boards.................................. $ 32,800
Unclassified positions--6.0 FTE positions.............. 354,000
Executive direction--10.0 FTE positions................ 923,900
Management services--24.0 FTE positions................ 1,728,800
Agricultural statistics--1.0 FTE positions............. 143,800
Emergency management--2.5 FTE positions................ 243,300
Internal audit services................................ 263,700
GROSS APPROPRIATION.................................... $ 3,690,300
Appropriated from:
Private funds:
Private - commodity group.............................. 78,400
Special revenue funds:
Gasoline inspection and testing fund................... 61,200
Industry support funds................................. 34,200
Nonretail liquor fees.................................. 8,800
Refined petroleum fund................................. 50,400
State services fee fund................................ 502,500
Upper Peninsula state fair revenue..................... 9,000
State general fund/general purpose..................... $ 2,945,800
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.................... $ 1,471,500
GROSS APPROPRIATION.................................... $ 1,471,500
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 106,500
EPA, multiple grants................................... 64,900
HHS-FDA................................................ 14,000
Special revenue funds:
Agricultural preservation fund......................... 23,900
Freshwater protection fund............................. 10,100
Licensing and inspection fees.......................... 63,300
Nonretail liquor fees.................................. 8,400
Refined petroleum fund................................. 114,000
State services fee fund................................ 313,200
State general fund/general purpose..................... $ 753,200
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 115.0
Food safety and quality assurance--115.0 FTE positions. $ 12,642,500
Local public health operations......................... 8,878,700
GROSS APPROPRIATION.................................... $ 21,521,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, local public health operations.......... 8,878,700
Federal revenues:
DAG, multiple grants................................... 27,100
HHS-FDA................................................ 380,300
Special revenue funds:
Consumer and industry food safety education fund....... 260,500
Dairy and food safety fund............................. 2,728,300
State general fund/general purpose..................... $ 9,246,300
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 70.0
Animal health and welfare--21.5 FTE positions.......... $ 2,384,900
Bovine tuberculosis program--48.5 FTE positions........ 7,708,300
GROSS APPROPRIATION.................................... $ 10,093,200
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DAG, multiple grants................................... 1,132,100
HHS-FDA................................................ 72,100
Special revenue funds:
Agriculture equine industry development fund........... 1,000,000
Cervidae licensing and inspection fees................. 75,000
Licensing and inspection fees.......................... 106,900
State general fund/general purpose..................... $ 7,707,100
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions.......... 134.5
Pesticide and plant pest management--110.0 FTE
positions............................................ $ 12,186,800
Emerald ash borer control program--24.5 FTE positions.. 5,191,400
Fruit and vegetable processing inspections............. 100
GROSS APPROPRIATION.................................... $ 17,378,300
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 6,679,300
EPA, multiple grants................................... 891,500
HHS-FDA................................................ 68,300
Special revenue funds:
Private - slow-the-spread foundation................... 148,000
Commodity inspection fees.............................. 1,084,000
Horticulture fund...................................... 79,700
Industry support funds................................. 340,900
Licensing and inspection fees.......................... 3,660,500
State general fund/general purpose..................... $ 4,426,100
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 51.0
Environmental stewardship--27.0 FTE positions.......... $ 2,844,900
Groundwater and freshwater protection program--15.0
FTE positions........................................ 5,472,500
Farmland and open space preservation--9.0 FTE
positions............................................ 985,500
Technical assistance match............................. 300,000
Cooperative resources management initiative program.... 1,800,000
Agriculture pollution prevention program............... 1,000,100
Local conservation districts........................... 916,800
Migrant labor housing.................................. 425,100
Aquifer protection program............................. 50,000
GROSS APPROPRIATION.................................... $ 13,794,900
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, aquifer protection and dispute
resolution........................................... 50,000
IDG from MDEQ, biosolids............................... 92,500
IDG from MDEQ, MAEAP................................... 159,100
IDG from MDEQ, type II well survey..................... 17,000
IDG from MDNR, district forestry and wildlife program.. 1,800,000
Federal revenues:
DAG, multiple grants................................... 1,000,000
EPA, multiple grants................................... 445,700
Corporation for national and community services........ 253,600
United States department of labor...................... 400,000
Special revenue funds:
Agricultural preservation fund......................... 875,900
Agriculture pollution prevention fund.................. 100
Freshwater protection fund............................. 5,164,100
Migratory labor housing................................ 25,000
State general fund/general purpose..................... $ 3,511,900
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions.......... 131.0
Laboratory services--63.0 FTE positions................ $ 6,344,600
USDA monitoring program--17.0 FTE positions............ 2,134,200
Consumer protection program--51.0 FTE positions........ 5,135,200
GROSS APPROPRIATION.................................... $ 13,614,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDLEG (LCC), liquor quality testing fees...... 189,100
Federal revenues:
DAG, multiple grants................................... 2,156,200
EPA, multiple grants................................... 351,200
HHS-FDA................................................ 543,000
Special revenue funds:
Gasoline inspection and testing fund................... 2,532,500
Licensing and inspection fees.......................... 75,100
Refined petroleum fund................................. 3,174,600
State services fee fund................................ 519,700
Testing fees........................................... 434,500
Weights and measures regulation fees................... 674,800
State general fund/general purpose..................... $ 2,963,300
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions............ 9.0
Agriculture development--6.0 FTE positions............. $ 1,072,800
Grape and wine program--3.0 FTE positions.............. 717,100
Export market development program...................... 50,000
Michigan agricultural surplus system................... 630,500
GROSS APPROPRIATION.................................... $ 2,470,400
Appropriated from:
Interdepartmental grant revenues:
IDG from DHS, food bank................................ 150,000
Federal revenues:
DAG, multiple grants................................... 275,200
Special revenue funds:
Private - commodity group.............................. 10,800
Industry support funds................................. 311,900
Nonretail liquor fees.................................. 660,900
State services fee fund................................ 350,700
State general fund/general purpose..................... $ 710,900
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions........... 15.5
Upper Peninsula state fair--6.0 FTE positions.......... $ 1,372,600
Fairs, racing and producer security--9.5 FTE positions. 1,154,600
Building and track improvement - county and state
fairs................................................ 100
Premiums - county and state fairs...................... 1,614,000
Purses and supplements - fairs/licensed tracks......... 2,646,100
Licensed tracks - light horse racing................... 147,400
Standardbred breeders' awards.......................... 1,081,900
Standardbred purses and supplements - licensed tracks.. 1,997,700
Standardbred sire stakes............................... 904,400
Thoroughbred sire stakes............................... 926,700
Standardbred training and stabling..................... 40,200
Thoroughbred program................................... 2,679,600
Thoroughbred owners' awards............................ 138,400
Distribution of outstanding winning tickets............ 781,500
GROSS APPROPRIATION.................................... $ 15,485,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 11,343,900
Industry support funds................................. 10,900
Licensing and inspection fees.......................... 132,600
State services fee fund................................ 2,625,100
Upper Peninsula state fair revenue..................... 1,372,600
State general fund/general purpose..................... $ 100
Sec. 111. OFFICE OF RACING COMMISSIONER
Full-time equated classified positions........... 30.0
Office of racing commissioner--30.0 FTE positions...... $ 3,811,000
GROSS APPROPRIATION.................................... $ 3,811,000
Appropriated from:
Special revenue funds:
State services fee fund................................ 3,811,000
State general fund/general purpose..................... $ 0
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,525,000
GROSS APPROPRIATION.................................... $ 1,525,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDLEG (LCC), liquor quality testing fees...... 2,800
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture equine industry development fund........... 204,500
Gasoline inspection and testing fund................... 27,000
Freshwater protection fund............................. 100
Nonretail liquor fees.................................. 500
State services fee fund................................ 1,063,500
Upper Peninsula state fair revenue..................... 900
State general fund/general purpose..................... $ 225,500
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 2008-2009 is $78,417,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2008-2009 is $2,416,800.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF AGRICULTURE
Groundwater and freshwater protection program.......... $ 1,500,000
Local conservation districts........................... 916,800
TOTAL.................................................. $ 2,416,800
Sec. 202. The appropriations 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) "DAG" means the United States department of agriculture.
(b) "Department" means the department of agriculture.
(c) "Director" means the director of the department.
(d) "DHS" means the department of human services.
(e) "EPA" means the United States environmental protection
agency.
(f) "FTE" means full-time equated.
(g) "HHS-FDA" means the United States department of health and
human services - food and drug administration.
(h) "IDG" means interdepartmental grant.
(i) "MAEAP" means the Michigan agriculture environmental
assurance program.
(j) "MDCH" means the Michigan department of community health.
(k) "MDEQ" means the Michigan department of environmental
quality.
(l) "MDLEG (LCC)" means the Michigan department of labor and
economic growth - liquor control commission.
(m) "USDA" means the United States department of agriculture.
Sec. 204. The civil service commission 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. (1) 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 1 position
to another within a department.
(2) The state budget director may 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, causes loss of revenue to the
state, would result in the inability of the state to receive
federal funds, or would 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 of representatives 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. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement shall include transmission of reports via
electronic mail to the recipients identified for each reporting
requirement and shall include placement of reports on an Internet
or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director of each department receiving
appropriations in part 1 shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and
perform contracts to provide services or supplies, or both. Each
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 212. (1) Of the funds appropriated in part 1, the
department may provide for indemnity as provided for pursuant to
the animal industry act, 1988 PA 466, MCL 287.701 to 287.745, not
to exceed $100,000.00 per order from any line item for the fiscal
year ending September 30, 2009. Before the department provides for
an indemnification under this section, the department shall report
the reason for the indemnification, the amount of the
indemnification, and to whom the indemnification is to be paid. The
report shall be given to each member of the house and senate
appropriations subcommittees on agriculture and to the senate and
house fiscal agencies and the state budget director.
(2) The department of agriculture shall make an
indemnification payment for the fair market value of livestock
killed by a wolf, coyote, or cougar, if the kill is verified by the
department of natural resources. The fair market value of the
livestock shall be determined pursuant to the indemnification
procedures prescribed in the animal industry act, 1988 PA 466, MCL
287.701 to 287.745. In addition to the funds appropriated in part
1, the department of agriculture is authorized to expend the funds
received from the department of natural resources to reimburse the
department of agriculture for all indemnification payments made
pursuant to this subsection.
Sec. 214. Of the funds appropriated in part 1 that are other
than line-item grants, the department shall not provide grants to
local government agencies, institutions of higher education, or
nonprofit organizations unless the department provides notice of
the grant to the house and senate appropriations subcommittees on
agriculture at least 10 days before the grant is issued. The grants
shall be used to support research or other related activities for
the purpose of enhancing the agricultural industries in this state.
Sec. 219. 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. The user fees shall be subject to provisions
of an interagency agreement between the department and the
department of information technology.
Sec. 220. 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.
Sec. 223. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 224. The department shall not take disciplinary action
against an employee for truthfully to the best of his or her
knowledge communicating with a member of the legislature or his or
her staff.
Sec. 225. In recognition of the important role it can play in
attracting large-scale agricultural events, it is the intent of the
legislature that the department of agriculture, in conjunction with
interested parties, explore opportunities to expand the facilities
and size of the Michigan State University pavilion for agriculture
and livestock education.
Sec. 227. On or before April 1, 2009, the department shall
report to the state budget director, the senate and house of
representatives appropriations committees on agriculture, and the
senate and house fiscal agencies on the impact of major department
program areas on Michigan agriculture, environmental protection,
and consumer protection. The report shall include a comparison of
program expenditures with the estimated economic impact of
programs, either in terms of actual federal or private funds
leveraged or the potential economic loss of not performing the
program functions.
Sec. 228. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act 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 $6,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act 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 act
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 $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 229. (1) The department shall report no later than April
1, 2009 on each specific policy change made by the department to
implement a public act affecting that department that took effect
during the preceding calendar year. The department shall report to
the house and senate appropriations subcommittees on the budget for
the department, the joint committee on administrative rules, and
the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 230. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 231. From the funds appropriated in part 1 for salaries
and benefits, the department shall provide funding in the pesticide
and plant pest management, food and dairy, animal industry,
environmental stewardship and laboratory divisions for not less
than 315 employees who provide direct service to the public or
substantially support the work of those who provide direct service.
Expenditures shall be made so that these divisions continue to
provide service to protect the public health, safety, and welfare
and environment.
Sec. 232. From the funds appropriated in part 1, the director
shall implement continuous improvement efficiency mechanisms in the
programs administered by the department. The continuous improvement
efficiency mechanisms shall identify changes made in programs to
increase efficiency and reduce expenditures in the programs. On
March 31, 2009 and September 30, 2009, the director shall submit a
report to the state budget director, the senate and house
appropriation subcommittees, and the senate and house fiscal
agencies on the progress made toward increased efficiencies in
departmental programs. At a minimum, each report shall include
information on the program review process, the type of improvement
mechanisms implemented, and actual and projected expenditure
savings as a result of the increased program efficiencies.
Sec. 233. From the funds appropriated in part 1, the
department shall develop, post, and maintain, on a publicly
accessible Internet site, all expenditures made by the agency
within the fiscal year. The posting shall include the purpose for
which each expenditure is made.
Sec. 234. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state. The only exception to this travel restriction involves a
professional development conference or training seminar that is
funded by a federal or private funding source and requires more
than 1 person from a department to attend.
Sec. 235. Available funds from the appropriation in part 1 may
be provided to the C.S. Mott group for sustainable food systems at
Michigan State University to plan for and coordinate a matched
savings tool for Michigan's emerging farmers and to leverage
federal funds for the purpose of developing and enhancing local
markets for Michigan agricultural products.
EXECUTIVE
Sec. 302. (1) The department may receive and expend revenue
and use that revenue to cover necessary expenses related to
publications, audit and licensing functions, livestock sales,
certification of nursery stock, bean inspection services, and
laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Pesticide and plant pest management propagation and
certification of virus free foundation stock.
(d) Pesticide and plant pest management bean inspection and
grading services.
(e) Laboratory support testing for testing horses in draft
horse pulling contests at county fairs when local jurisdictions
request state assistance.
(f) Laboratory support analyses to determine foreign
substances in horses engaged in racing or pulling contests at
tracks.
(g) Laboratory support analyses of food, livestock, and
agricultural products for disease, foreign products for disease,
toxic materials, foreign substances, and quality standards.
(h) Laboratory support test samples for other agencies and
organizations.
(i) Fruit and vegetable inspection at shipping and termination
points and processing plants.
(2) The department shall notify the senate and house of
representatives appropriations subcommittees on agriculture and the
senate and house fiscal agencies 30 days prior to proposing changes
in fees authorized under this section or under section 5 of the
market conditions act, 1915 PA 91, MCL 285.35.
(3) Annually, before February 1, the department shall provide
a report to the senate and house of representatives appropriations
subcommittees on agriculture and the senate and house fiscal
agencies detailing all the fees charged by the department under the
authorization provided in this section, including, but not limited
to, rates, number of individuals paying each fee, and the revenue
generated by each fee in the previous fiscal year.
Sec. 304. (1) To ensure motor fuel quality and quantity, the
department shall maintain the motor fuel quality program and shall
not reduce program level of effort below that of the 2006-2007
fiscal year. Notwithstanding the provisions of section 205, the
department shall maintain field and laboratory staff for the motor
fuel quality program.
(2) On or before January 1, 2008 and every 6 months
thereafter, the department shall report to the senate and house
appropriations subcommittees on agriculture and the senate and
house fiscal agencies the results of both complaint-based and
random-based inspections, including the number of inspections
performed, samples collected, and compliance rates.
Sec. 306. From the funds appropriated in section 102, private
funds for agricultural statistics shall be used to match state
funds at not less than 50% of study costs.
FOOD AND DAIRY
Sec. 401. (1) The department shall monitor restaurant
inspection and licensing functions carried out by local health
departments to ensure uniform application and enforcement of
minimum program requirements. On or before April 1, 2009, the
department shall report to the senate and house appropriations
subcommittees on agriculture, the senate and house fiscal agencies,
and the state budget director on local health department
conformance with minimum program requirements.
(2) If a local unit of government incurs additional costs
resulting from its efforts to control a significant food-borne
outbreak, the director shall seek additional resources to reimburse
the local unit of government for these additional costs. The
director shall involve the local health officer of the jurisdiction
affected in all aspects of the control of any food-borne outbreak.
Sec. 402. Not later than April 1, 2009, the department shall
provide a report to the house and senate appropriations
subcommittees on agriculture and the house and senate fiscal
agencies describing significant food-borne outbreaks and
emergencies including any enforcement actions taken related to food
safety during the 2007-2008 fiscal year.
Sec. 403. The department, in conjunction with the department
of community health, shall assure that a process is in place that
requires a local unit of government to obtain prior approval from
the department before any reallocation or redistribution of program
funds appropriated in section 104.
Sec. 404. From the funds appropriated in section 104 for food
safety and quality assurance, not less than $150,000.00 from the
consumer and industry food safety education fund shall be expended
for purposes required under section 4117 of the food law of 2000,
2000 PA 92, MCL 289.4117, including the statewide training and
education to consumers on food safety and the training and
education on food safety to food service establishment employees
and department employees and agents who enforce section 4117 of the
food law of 2000, 2000 PA 92, MCL 289.4117.
Sec. 406. Notwithstanding the provisions of section 205, the
department is authorized to fill open positions in the food and
dairy inspection program.
Sec. 407. Funds appropriated in part 1 of 2007 PA 128 for food
and dairy, food safety and quality assurance, shall not lapse but
shall continue to be available for completion of the e-inspector
program in accordance with the provisions of section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a.
ANIMAL INDUSTRY
Sec. 450. From the funds appropriated in section 105 for the
bovine tuberculosis program, the department shall reimburse the
department of natural resources for those costs associated with
monitoring and testing wildlife for bovine tuberculosis that are
necessary to support the department goals and are jointly agreed to
by the department and the department of natural resources to be in
excess of efforts necessary to effectively plan and execute the
eradication of bovine tuberculosis from Michigan's wild free-
ranging deer herd.
Sec. 451. From the funds appropriated in section 105 for
bovine tuberculosis, the department shall pay for all whole herd
testing costs and individual animal testing costs in the modified
accredited zone to maintain split-state status requirements. These
costs include indemnity and compensation for injury causing death
or downer to animals.
Sec. 452. The department shall apply for all federal and
private funds for which it is eligible that can be used to support
the bovine tuberculosis program.
Sec. 454. The department shall use its resources to
collaborate with the United States department of agriculture to
obtain TB-free status for the area of the Lower Peninsula that is
zoned as modified accredited advanced. The department shall also
aggressively work toward eradicating bovine TB in the modified
accredited zone.
Sec. 455. The department shall prepare a plan to provide for
cattle without official identification that may arrive at a
saleyard. If an animal arrives untagged at a saleyard without
official identification, the saleyard may charge a fee for the tag
and for application. The tag may be purchased by and identified to
the saleyard. The saleyard shall maintain records for all animals
tagged on its premises. The department plan shall be in compliance
with the "Michigan Bovine TB Eradication Program - Application for
TB Free/Modified Accredited Status", April 2007.
Sec. 456. Of the funds appropriated in part 1, no funds shall
be used to enforce the mandatory electronic animal identification
program for any domestic animals other than cattle until specific
procedures and guidelines for electronic animal identification are
outlined in statute.
Sec. 457. On or before October 15, 2008, and on a quarterly
basis thereafter, the department shall report to the senate and
house agriculture committees, the senate and house appropriations
subcommittees on agriculture, and the senate and house fiscal
agencies on the department's progress toward meeting the USDA
requirements as outlined in the March 2007 bovine TB program
review. The report shall include, but is not limited to,
information and data on: wildlife risk mitigation plan
implementation in the modified accredited zone; implementation of a
movement certificate process; progress toward annual surveillance
test requirements set out in the June 2007 MOU; compliance efforts
and rates for animals crossing the Mackinac Bridge; efforts to work
with slaughter facilities in Michigan, as well as those that
slaughter a significant number of animals from Michigan;
educational programs and information for Michigan's livestock
community; any other item the legislature should be aware of that
will promote or hinder efforts to achieve bovine TB-free status for
Michigan.
Sec. 458. From the funds appropriated in section 105 for
animal industry, the department shall provide inspection and
testing of aquaculture facilities and aquaculture researchers as
provided under the Michigan aquaculture development act, 1996 PA
199, MCL 286.877. It is the intent of the legislature that the
department shall work with aquaculture facilities and aquaculture
researchers to identify, contain, and eradicate viral hemorrhagic
septicemia in this state.
Sec. 459. Notwithstanding the provisions of section 205, the
department is authorized to fill open positions in the bovine
tuberculosis program.
Sec. 460. If revenues to the agriculture equine industry
development fund decline during the fiscal year sending September
30, 2009, the proportion of funds used for the bovine tuberculosis
eradication program shall be reduced proportionally to the decline
in the agriculture equine industry development fund revenue.
LABORATORY SERVICES
Sec. 501. From the appropriation in part 1 for laboratory
services, a sufficient amount is appropriated from licensing and
inspection fee revenue to maintain the department's animal feed
testing programs.
ENVIRONMENTAL STEWARDSHIP
Sec. 603. The department shall apply for all federal funds for
which it is eligible that can be used to support the migrant labor
housing program.
Sec. 604. The appropriation in section 107 for local
conservation districts shall be allocated in the following manner:
(a) Of the total appropriation, each local conservation
district meeting the minimum grant requirements shall receive a
grant of $11,605.00 to support basic operations, unless the
district resides in a county consisting of multiple districts, in
which case a $11,605.00 grant shall be divided equally among the
districts in that county. The amount of money allocated under this
subdivision shall not be used by local conservation districts to
replace any money received from local sources.
(b) Any amount remaining from the appropriation after
distributions under subdivision (a) shall be allocated for local
conservation district training.
Sec. 605. From the appropriation in part 1 for technical
assistance match, not less than $300,000.00 shall be used to fund
local conservation district technical assistance for individuals
with contracts under the 2002 farm bill administered by USDA's
natural resources conservation service. Increasing the level of
technical assistance will ensure producers can access the federal
money available under their individual contracts and quickly put
that money to work in Michigan.
Sec. 606. The department shall actively search for all
possible funding sources to be used to match federal funds in the
USDA environmental quality incentives program.
Sec. 607. It is the intent of the legislature that the
department continue its activities in support of intercounty
drainage districts as provided in chapter 5 of the drain code of
1956, 1956 PA 40, MCL 280.101 to 280.106.
AGRICULTURE DEVELOPMENT
Sec. 702. In any given year when insufficient amounts of
Michigan surplus products are offered to the food bank council and
accepted for distribution, unused funds may be applied by the food
bank council for the direct purchase of foods from Michigan
growers, manufacturers, or wholesalers.
Sec. 705. The appropriation in section 109 for the export
market development program shall be used to coordinate state
participation in the federal market access program and to leverage
federal and private funds for the purpose of developing new and
enhancing existing export markets for Michigan agricultural
products.
Sec. 706. Not later than April 1, 2009, the department shall
provide a report to the house and senate appropriations
subcommittees on agriculture and the house and senate fiscal
agencies describing the department's agriculture development and
export market development activities. The report shall identify
grants awarded during the prior fiscal year, including a
description of federal or private funds made available as a result
of department activities.
Sec. 707. In awarding grants from the agricultural development
fund created under the Julian-Stille value-added act, 2000 PA 322,
MCL 285.301 to 285.304, the department shall give due consideration
to the diversity of Michigan agriculture and its economic
importance.
Sec. 708. The department is authorized to receive and expend
funds appropriated from the agricultural development fund created
in section 2 of the Julian-Stille value-added act, 2000 PA 322, MCL
285.302.
Sec. 709. (1) Not later than April 1, 2009, the department
shall provide a report to the house and senate appropriations
subcommittees on agriculture and the house and senate fiscal
agencies describing the activities of the grape and wine industry
council established under section 303 of the Michigan liquor
control act of 1998, 1998 PA 58, MCL 436.1303.
(2) The report shall include all of the following:
(a) Council activities and accomplishments for the previous
fiscal year.
(b) Council expenditures for the previous fiscal year by
category of administration, industry support, research and
education grants, and promotion and consumer education.
(c) Grants awarded during the prior fiscal year and the
results of research grant projects completed during the prior
fiscal year.
Sec. 710. The department may match external funding for
domestic and international marketing programs for the purpose of
developing new and enhancing existing export markets for Michigan
agricultural products.
Sec. 711. In accordance with chapter 8B of 1984 PA 270, MCL
125.2089 to 125.2089d, it is the intent of the legislature that the
Michigan strategic fund, its employees, contract employees, and
individuals working on its behalf collaborate with the Michigan
department of agriculture to promote business development of
Michigan agricultural products to achieve outcomes that include,
but are not limited to, increases in export sales, increases in the
number of retailers carrying Michigan commodities both within and
outside of this state, and increased sales of Michigan products at
chain grocers.
Sec. 712. In making applications for grants under the United
States department of agriculture specialty crop block grant
program, the department shall seek to obtain 20% of federal funds
received through the specialty crop block grant program for the
support of specialty crop sales at farm markets and for
agricultural tourism activities.
FAIRS AND EXPOSITIONS
Sec. 801. Within 60 days of the close of each fiscal quarter,
the department shall report to the state budget director, the
senate and house of representatives appropriations committees on
agriculture, and the senate and house fiscal agencies on the
agriculture equine industry development fund established in section
20 of the horse racing law of 1995, 1995 PA 279, MCL 431.320. The
report shall identify actual revenue and fund balance through the
preceding fiscal quarter and estimated revenue and fund balance
through the end of the fiscal year. The report shall identify
simulcast racing revenue generated by each licensed track, license
fees, and revenue generated from the casino wagering tax.
Sec. 802. From the amount appropriated in section 110 for
purses and supplements – fairs/licensed tracks, $220,000.00 is to
be used for state purse supplements at state licensed pari-mutuel
tracks for races comprised only of Michigan-bred horses segregated
into a 4-year-old colt trot division, a 4-year-old filly trot
division, a 4-year-old colt pace division, and a 4-year-old filly
pace division.
Sec. 803. Included in the appropriation made in section 110
for the thoroughbred program is $23,500.00 for the Michigan united
thoroughbred breeders and owners association to conduct a
thoroughbred yearling show. The Michigan united thoroughbred
breeders and owners association shall submit to the department an
itemized list of expenses showing that the expenses of the yearling
show were paid.
Sec. 804. From the funds appropriated in section 110 for
thoroughbred owners' awards, awards shall be distributed pursuant
to section 20 of the horse racing law of 1995, 1995 PA 279, MCL
431.320.
Sec. 805. On November 1, 2008 and April 1, 2009, the
department shall report to the senate and house appropriations
subcommittees on agriculture, the senate and house fiscal agencies,
and the state budget director on the spending targets or budgeted
amounts from the agriculture equine industry development fund by
line item for the fiscal year ending September 30, 2009. The report
shall compare the spending targets to the appropriated amounts for
each line item.
Sec. 806. A county fair, district fair, 4-H fair, or state
fair receiving funds in section 110 to be used for prizes or
awards, in whole or in part, as a condition precedent to the
receiving of the funds for those purposes, shall publish the rules
relative to the prizes, awards, and deadlines for entries eligible
for the funds in their official premium books or lists relative to
the prizes or awards. An aggrieved exhibitor may make a written
complaint to the fair within 10 days after the fair ends. If the
fair has not satisfactorily settled the grievance within 45 days
after it is submitted to the fair, the aggrieved person may file
the complaint with the department and the department shall
investigate the complaint and make a finding of fact regarding the
complaint and take appropriate action regarding the complaint.
Sec. 807. Of the amount appropriated in section 110 for purses
and supplements - fairs/licensed tracks, a sufficient amount is
appropriated to provide for overnight purse supplements pursuant to
the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
Sec. 808. Of the amount appropriated in section 110 for
premiums - county and state fairs, $91,400.00 shall be expended to
reimburse up to 75% premiums paid to large livestock and equine
exhibitors in shows or exhibitions held by statewide associations
as defined by the department. Livestock expositions shall be
limited to participation in this program and prohibited from
participation in any state-funded premium programs. The Michigan
horse show association fall youth show shall be included.
Sec. 809. From the appropriations for premiums - county and
state fairs in section 110, $40,000.00 shall be awarded through a
competitive grant program to local, regional, or state fairs or
youth education programs to promote youth involvement and adult
exhibitions in the animal agriculture industry.
Sec. 811. The funds appropriated in section 110 for
distribution of outstanding winning tickets are not available for
expenditure until they are deposited in the Michigan agriculture
equine industry development fund pursuant to section 2 of 1951 PA
90, MCL 431.252. These funds shall be expended in accordance with
section 2 of 1951 PA 90, MCL 431.252. The department shall provide
notice to the house and senate appropriations subcommittees on
agriculture at least 10 days before the funds are expended. This
notice shall include the amount that each program receives from the
outstanding winning ticket revenue deposited in the Michigan
agriculture equine industry development fund.
OFFICE OF RACING COMMISSIONER
Sec. 901. The racing commissioner may pay rewards of not more
than $5,800.00 to a person who provides information that results in
the arrest and conviction on a felony or misdemeanor charge for a
crime that involves the horse racing industry. A reward paid
pursuant to this section shall be paid out of the office of racing
commissioner line item.
Sec. 902. In the event there is no live thoroughbred race meet
in 2008 or 2009, all purse money and program money appropriated for
the thoroughbred industry in fiscal year 2007-2008 and fiscal year
2008-2009 shall be held in escrow for a period not to exceed 18
months, or until a thoroughbred race meet license is applied for
and granted by the office of racing commissioner. In the event
there is no thoroughbred meet in 2008 or 2009, the purse pool
distribution order to be issued by the office of racing
commissioner in 2009 that delineates distribution between the
thoroughbred meet that has been held at Great Lakes Downs and the
joint thoroughbred/quarterhorse meet held in Mt. Pleasant shall be
the same distribution formula as issued in 2008, with the
thoroughbred portion being held in escrow.
Sec. 903. From the funds appropriated in part 1, the office of
racing commissioner shall conduct a financial audit of all licensed
pari-mutuel tracks and certified horsemen's organizations and shall
submit a report of the audit findings to the senate and house
standing committees on agricultural issues, the senate and house
appropriations subcommittees on agriculture, the senate and house
fiscal agencies, and the state budget director by February 18,
2009.