SB-0222, As Passed House, September 6, 2007
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 222
A bill to make appropriations for the department of
agriculture for the fiscal year ending September 30, 2008; 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, 2008, 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............... $ 0
Full-time equated classified positions................. 0
GROSS APPROPRIATION.................................... 0
Interdepartmental grant revenues:
IDG from MDCH, local public health operations.......... 0
IDG from MDLEG (LCC), liquor quality testing fees...... 0
IDG from MDEQ, aquifer protection and dispute
resolution........................................... 0
IDG from MDEQ, biosolids............................... 0
IDG from MDEQ, MAEAP................................... 0
IDG from MDEQ, type II well survey..................... 0
IDG from MDNR, cervid fees............................. 0
IDG from MDNR, district forestry and wildlife program.. 0
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... 0
Federal revenues:
Unspecified federal revenues........................... 0
Corporation for national and community services........ 0
DAG, multiple grants................................... 0
EPA, multiple grants................................... 0
HHS-FDA................................................ 0
United States department of labor...................... 0
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Private - slow-the-spread foundation................... 0
Private - commodity group revenue...................... 0
Total private revenues................................. 0
Agricultural preservation fund......................... 0
Agriculture equine industry development fund........... 0
Agriculture pollution prevention fund.................. 0
Civil penalties........................................ 0
Commodity inspection fees.............................. 0
Consumer and industry food safety education fund....... 0
Freshwater protection fund............................. 0
Gasoline inspection and testing fund................... 0
Horticulture fund...................................... 0
Industry support funds................................. 0
Intercounty drain fund................................. 0
Licensing and inspection fees.......................... 0
Migratory labor housing fund........................... 0
Nonretail liquor fees.................................. 0
Refined petroleum fund................................. 0
State services fee fund................................ 0
Testing fees........................................... 0
Upper Peninsula state fair revenue..................... 0
Weights and measures regulation fees................... 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... 0
Sec. 102. EXECUTIVE
Full-time equated unclassified positions............... $ 0
Full-time equated classified positions................. 0
Commissions and boards................................. 0
Unclassified positions--* FTE positions................ 0
Executive direction--* FTE positions................... 0
Management services--* FTE positions................... 0
Statistical reporting service--* FTE positions......... 0
Emergency management--* FTE positions.................. 0
Human resource optimization user charges............... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Special revenue funds:
Gasoline inspection and testing fund................... 0
Industry support funds................................. 0
Nonretail liquor fees.................................. 0
Refined petroleum fund................................. 0
State services fee fund................................ 0
Upper Peninsula state fair revenue..................... 0
State general fund/general purpose..................... 0
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.................... $ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 0
EPA, multiple grants................................... 0
HHS-FDA................................................ 0
Special revenue funds:
Agricultural preservation fund......................... 0
Freshwater protection fund............................. 0
Licensing and inspection fees.......................... 0
Nonretail liquor fees.................................. 0
Refined petroleum fund................................. 0
State services fee fund................................ 0
State general fund/general purpose..................... 0
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions................. $ 0
Food safety and quality assurance--* FTE positions..... 0
Local public health operations......................... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, local public health operations.......... 0
Federal revenues:
DAG, multiple grants................................... 0
HHS-FDA................................................ 0
Special revenue funds:
Civil penalties........................................ 0
Consumer and industry food safety education fund....... 0
Licensing and inspection fees.......................... 0
State general fund/general purpose..................... 0
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions................. $ 0
Animal health and welfare--* FTE positions............. 0
Bovine tuberculosis program--* FTE positions........... 0
Viral hemorrhagic septicemia surveillance.............. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DAG, multiple grants................................... 0
HHS-FDA................................................ 0
Special revenue funds:
Agriculture equine industry development fund........... 0
Licensing and inspection fees.......................... 0
State general fund/general purpose..................... 0
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions................. $ 0
Pesticide and plant pest management--* FTE positions... 0
Emerald ash borer control program--* FTE positions..... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 0
EPA, multiple grants................................... 0
HHS-FDA................................................ 0
Special revenue funds:
Private - slow-the-spread foundation................... 0
Commodity inspection fees.............................. 0
Horticulture fund...................................... 0
Industry support funds................................. 0
Licensing and inspection fees.......................... 0
State general fund/general purpose..................... 0
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions................. $ 0
Environmental stewardship--* FTE positions............. 0
Groundwater and freshwater protection program--* FTE
positions............................................ 0
Farmland and open space preservation--* FTE positions.. 0
Agriculture pollution prevention program............... 0
Cooperative resources management initiative program.... 0
Local conservation districts........................... 0
Migrant labor housing.................................. 0
Aquifer protection program............................. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, aquifer protection and dispute
resolution........................................... 0
IDG from MDEQ, biosolids............................... 0
IDG from MDEQ, type II well survey..................... 0
IDG from MDEQ, MAEAP................................... 0
IDG from MDNR, district forestry and wildlife program.. 0
Federal revenues:
Corporation for national and community services........ 0
DAG, multiple grants................................... 0
United States department of labor...................... 0
EPA, multiple grants................................... 0
Special revenue funds:
Agricultural preservation fund......................... 0
Agriculture pollution prevention fund.................. 0
Freshwater protection fund............................. 0
Migratory labor housing fund........................... 0
State general fund/general purpose..................... 0
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions................. $ 0
Laboratory services--* FTE positions................... 0
USDA monitoring--* FTE positions....................... 0
Consumer protection program--* FTE positions........... 0
GROSS APPROPRIATION.................................... 0
Interdepartmental grant revenues
IDG from MDLEG (LCC), liquor quality testing fees...... 0
Federal revenues:
DAG, multiple programs................................. 0
EPA, multiple programs................................. 0
HHS-FDA................................................ 0
Special revenue funds:
Gasoline inspection and testing fund................... 0
Licensing and inspection fees
Refined petroleum fund................................. 0
State services fee fund................................ 0
Testing fees........................................... 0
Weights and measures regulation fees................... 0
State general fund/general purpose..................... 0
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions................. $ 0
Agriculture development--* FTE positions............... 0
Grape and wine program--* FTE positions................ 0
Export market development program...................... 0
Michigan agricultural surplus system................... 0
Michigan FFA association............................... 0
Michigan 4-H foundation................................ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues
Federal revenues:
DAG, multiple grants................................... 0
Special revenue funds:
Private - commodity group revenue...................... 0
Agriculture equine industry development fund........... 0
Industry support funds................................. 0
Nonretail liquor fees.................................. 0
State services fee fund................................ 0
State general fund/general purpose..................... 0
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions................. $ 0
Upper Peninsula state fair--* FTE positions............ 0
Fairs, racing and producer security--* FTE positions... 0
Building and track improvement - county and state
fairs................................................ 0
Distribution of outstanding winning tickets............ 0
Licensed tracks - light horse racing................... 0
Premiums - county and state fairs...................... 0
Purses and supplements - fairs/licensed tracks......... 0
Standardbred breeders' awards.......................... 0
Standardbred purses and supplements - licensed tracks.. 0
Standardbred sire stakes............................... 0
Standardbred training and stabling..................... 0
Thoroughbred owners' awards............................ 0
Thoroughbred program................................... 0
Thoroughbred sire stakes............................... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 0
Industry support funds................................. 0
Licensing and inspection fees.......................... 0
State services fee fund................................ 0
Upper Peninsula state fair revenue..................... 0
State general fund/general purpose..................... 0
Sec. 111. OFFICE OF RACING COMMISSIONER
Full-time equated classified positions................. $ 0
Office of racing commissioner--* FTE positions......... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Special revenue funds:
State services fee fund................................ 0
State general fund/general purpose..................... 0
Sec. 112. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues
IDG from MDLEG (LCC), liquor quality testing fees...... 0
Special revenue funds:
Agricultural preservation fund......................... 0
Agriculture equine industry development fund........... 0
Gasoline inspection testing fund....................... 0
Freshwater protection fund............................. 0
Nonretail liquor fees.................................. 0
State services fee fund................................ 0
Upper Peninsula state fair revenue..................... 0
State general fund/general purpose..................... 0
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 2007-2008 is $0.00 and state spending
from state resources to be paid to local units of government for
fiscal year 2007-2008 is $0.00. The itemized statement below
identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF AGRICULTURE
Groundwater and freshwater protection program.......... $ 0
Local conservation districts........................... 0
TOTAL.................................................. $ 0
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) "EPA" means the United States environmental protection
agency.
(e) "FFA" means future farmers of America.
(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) "MDLEG (LCC)" means the Michigan department of labor and
economic growth - liquor control commission.
(l) "MDEQ" means the Michigan department of environmental
quality.
(m) "MDNR" means the Michigan department of natural resources.
(n) "USDA" means the United States department of agriculture.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (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 by the thirtieth of each month 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 month 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. (1) 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.
(2) In addition to the requirements in subsection (1), the
purchase of goods or services, or both, if competitively priced and
of comparable quality shall be Michigan goods or services, or both,
if available. The department shall also encourage the use of
Michigan-produced agricultural products by all state agencies and
departments if competitively priced and of comparable quality and
if available.
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, 2008. 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 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 is
authorized to expend the funds received from the department of
natural resources to reimburse the department 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 house and senate appropriations committees.
(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 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, 2008, the department shall
provide to the senate and house appropriations subcommittees on
agriculture and the senate and house fiscal agencies a summary
report on the real and potential return on investment for each of
the department's programs.
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
Senate Bill No. 222 (H-10) as amended September 6, 2007 (1 of 2)
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. From the funds appropriated in part 1, the chief justice shall implement continuous improvement efficiency mechanisms in the programs administered by the judicial branch. The continuous improvement efficiency mechanisms shall identify changes made in programs to increase efficiency and reduce expenditures in the programs. On March 31, 2008 and September 30, 2008, the chief justice 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 judicial branch 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.]
EXECUTIVE
Sec. 301. Per diem rates for commodity committees established
in the agriculture commodities marketing act, 1965 PA 232, MCL
290.651 to 290.674, 1970 PA 29, MCL 290.421 to 290.430, 1965 PA
114, MCL 290.551 to 290.568, and the beef industry commission act,
1972 PA 291, MCL 287.601 to 287.610, will be set based upon levels
established in section 301 of 2002 PA 516.
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, 2007 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.
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, 2008, 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, 2008, 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 2006-2007 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 the food act, 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 act, 2000 PA 92, MCL 289.4117.
Sec. 405. In addition to the appropriations in part 1, there
is appropriated $600,000.00 from the state general fund to support
food safety and quality assurance programs, including authorization
for an additional 10.0 full-time equated positions. This
appropriation is contingent on the enactment by the legislature of
legislation to increase state general fund/general purpose revenue
for the 2007-2008 fiscal year by not less than $1,000,000,000.00 as
compared to the May 2007 consensus net general fund/general purpose
revenue estimate for the 2007-2008 fiscal year, exclusive of
revenue from the Michigan business tax act, 2007 PA 36, MCL
208.1101 to 208.1601.
Sec. 407. Funds appropriated in article 1 of 2006 PA 345 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 under 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. In additional to the appropriations in part 1, there
is appropriated $200,000.00 from the state general fund to support
bovine tuberculosis testing and containment programs. This
appropriation is contingent on the enactment by the legislature of
legislation to increase state general fund/general purpose revenue
for the 2007-2008 fiscal year by not less than $1,000,000,000.00 as
compared to the May 2007 consensus net general fund/general purpose
revenue estimate for the 2007-2008 fiscal year, exclusive of
revenue from the Michigan business tax act, 2007 PA 36, MCL
208.1101 to 208.1601.
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. Funds appropriated in article 1 of 2006 PA 345 for
animal health and welfare programs shall not lapse but shall carry
forward and be appropriated to fund department activities under
section 7 of the Michigan aquaculture development act, 1996 PA 199,
MCL 286.877.
Sec. 458. From the funds appropriated in section 105 for viral
hemorrhagic septicemia surveillance, the department shall work with
aquaculture facilities and aquaculture researchers to identify,
contain, and eradicate viral hemorrhagic septicemia in this state.
The department's actions under this section shall include, but are
not limited to, on-site inspection and testing of aquaculture
facilities and aquaculture researchers as provided under the
Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
286.884.
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. 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.
Sec. 608. In addition to the appropriations in part 1, there
is appropriated $150,000.00 from the state general fund to support
department activities in administering the right-to-farm program as
provided in the right to farm act, 1981 PA 93, MCL 286.471 to
286.474. This appropriation is contingent on the enactment by the
legislature of legislation to increase state general fund/general
purpose revenue for the 2007-2008 fiscal year by not less than
$1,000,000,000.00 as compared to the May 2007 consensus net general
fund/general purpose revenue estimate for the 2007-2008 fiscal
year, exclusive of revenue from the Michigan business tax act, 2007
PA 36, MCL 208.1101 to 208.1601.
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. 704. The grant for FFA in section 109 shall be limited to
an amount equal to resources provided by the organization not to
exceed $80,000.00. The resources provided by the organization shall
not be from existing dollars in the organization's budget. Indirect
costs may not be charged against the FFA grant in section 109 by
any administering agency. The grant shall not be used by the
administering agency to supplant existing resources dedicated to
the FFA organization. The grant only shall be used, awarded, or
expended for additional leadership activities, awards, or training
programs that encourage agriculture as a career.
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, 2008, 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 285.302, 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, 2008, 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. The grant for 4-H in section 109 shall be limited to
an amount equal to resources provided by the organization not to
exceed $20,000.00. The resources provided by the organization shall
not be from existing dollars in the organization’s budget. The
grant shall not be used by the administering agency to supplant
existing resources dedicated to the 4-H organization.
FAIRS AND EXPOSITIONS
Sec. 801. The department shall submit a report each month to
the state budget director, the senate and house appropriations
subcommittees on agriculture, and the senate and house fiscal
agencies that states the simulcasting revenues generated in the
preceding month by each licensed track and the amount received from
license fees.
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. The department shall notify the senate and house
appropriations subcommittees and the fiscal agencies of any planned
reductions in appropriations, allocations, or expenditures from the
agriculture equine industry development fund no less than 10 days
before such reductions are implemented.
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, all purse money and program money appropriated for the
thoroughbred industry in fiscal year 2007-2008 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, 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.