FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 5875, entitled
Recommends:
First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
(attached)
Seocnd: That the House and Senate agree to the title of the bill to read as follows:
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2011; 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.
_______________________ ________________________
John Espinoza Cameron Brown
_______________________ ________________________
Gary McDowell Ron Jelinek
_______________________ ________________________
Matt Lori Martha G. Scott
Conferees for the House Conferees for the Senate
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5875
A bill to make appropriations for the department of
agriculture for the fiscal year ending September 30, 2011; 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, 2011, 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.......... 2.0
Full-time equated classified positions.......... 456.5
GROSS APPROPRIATION.................................... $ 76,448,300
Interdepartmental grant revenues:
IDG from MDELEG (LCC), liquor quality testing fees..... 191,900
IDG from MDNRE, biosolids.............................. 97,200
Total interdepartmental grants and intradepartmental
transfers............................................ 289,100
ADJUSTED GROSS APPROPRIATION........................... $ 76,159,200
Federal revenues:
USDA, multiple grants.................................. 11,028,300
EPA, multiple grants................................... 1,728,900
HHS-FDA................................................ 1,701,500
United States department of labor...................... 463,900
Total federal revenues................................. 14,922,600
Special revenue funds:
Total local revenues................................... 0
Private - slow-the-spread foundation................... 166,400
Private - commodity group revenue...................... 93,700
Total private revenues................................. 260,100
Agricultural preservation fund......................... 3,002,700
Agriculture equine industry development fund........... 4,476,900
Agriculture pollution prevention fund.................. 100
Animal welfare fund.................................... 142,400
Commodity inspection fees.............................. 1,002,000
Consumer and industry food safety education fund....... 278,000
Dairy and food safety fund............................. 2,885,500
Freshwater protection fund............................. 5,127,600
Gasoline inspection and testing fund................... 2,752,500
Grain dealer fee fund.................................. 163,500
Horticulture fund...................................... 89,300
Industry support funds................................. 700,300
Licensing and inspection fees.......................... 4,117,600
Migrant housing inspection fees........................ 112,300
Migratory labor housing fund........................... 28,600
Nonretail liquor fees.................................. 718,800
Refined petroleum fund................................. 3,870,900
State services fee fund................................ 53,400
Testing fees........................................... 434,500
Weights and measures regulation fees................... 722,500
Total other state restricted revenues.................. 30,679,400
State general fund/general purpose..................... $ 30,297,100
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 2.0
Full-time equated classified positions........... 27.5
Commissions and boards................................. $ 23,800
Unclassified positions--2.0 FTE positions.............. 213,300
Executive direction--8.0 FTE positions................. 996,200
Management services--12.0 FTE positions................ 928,600
Statistical reporting service--1.0 FTE positions....... 148,500
Emergency management--6.5 FTE positions................ 741,800
Accounting service center.............................. 878,300
GROSS APPROPRIATION.................................... $ 3,930,500
Appropriated from:
Federal revenues:
HHS-FDA................................................ 500,000
Special revenue funds:
Private - commodity group revenue...................... 82,600
Industry support funds................................. 38,400
Nonretail liquor fees.................................. 8,800
Refined petroleum fund................................. 57,800
State general fund/general purpose..................... $ 3,242,900
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.................... $ 1,042,200
GROSS APPROPRIATION.................................... $ 1,042,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 236,000
EPA, multiple grants................................... 182,900
HHS-FDA................................................ 45,500
Special revenue funds:
Agricultural preservation fund......................... 23,900
Freshwater protection fund............................. 35,200
Licensing and inspection fees.......................... 177,800
Nonretail liquor fees.................................. 30,300
Refined petroleum fund................................. 257,200
State services fee fund................................ 53,400
State general fund/general purpose..................... $ 0
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 107.0
Food safety and quality assurance--81.0 FTE positions.. $ 9,744,900
Milk safety and quality assurance--26.0 FTE positions.. 3,259,200
GROSS APPROPRIATION.................................... $ 13,004,100
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 226,100
HHS-FDA................................................ 432,600
Special revenue funds:
Consumer and industry food safety education fund....... 278,000
Dairy and food safety fund............................. 2,885,500
State general fund/general purpose..................... $ 9,181,900
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 68.0
Animal disease prevention and response--68.0 FTE
positions............................................ $ 9,474,200
GROSS APPROPRIATION.................................... $ 9,474,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 1,215,800
HHS-FDA................................................ 75,400
Special revenue funds:
Animal welfare fund.................................... 142,400
Licensing and inspection fees.......................... 111,400
State general fund/general purpose..................... $ 7,929,200
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions.......... 108.0
Pesticide and plant pest management--94.0 FTE
positions............................................ $ 11,347,000
Emerald ash borer control program--10.0 FTE positions.. 2,138,500
Producer security/grain dealers--4.0 FTE positions..... 552,600
GROSS APPROPRIATION.................................... $ 14,038,100
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
USDA, multiple grants.................................. 3,214,400
EPA, multiple grants................................... 838,600
HHS-FDA................................................ 105,000
Special revenue funds:
Private - slow-the-spread foundation................... 166,400
Commodity inspection fees.............................. 1,002,000
Grain dealers fee fund................................. 163,500
Horticulture fund...................................... 89,300
Industry support funds................................. 461,900
Licensing and inspection fees.......................... 3,670,100
State general fund/general purpose..................... $ 4,326,900
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 39.0
Environmental stewardship.............................. $ 94,400
Michigan agriculture environmental assurance program--
3.0 FTE positions.................................... 262,000
Groundwater and freshwater protection program--15.0
FTE positions........................................ 5,354,100
Farmland and open space preservation--9.0 FTE
positions............................................ 928,600
Agriculture pollution prevention program............... 1,000,100
Local conservation districts........................... 100
Migrant labor housing--6.0 FTE positions............... 1,142,800
Right-to-farm--3.0 FTE positions....................... 504,300
Intercounty drain--3.0 FTE positions................... 416,100
GROSS APPROPRIATION.................................... $ 9,702,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDNRE, biosolids.............................. 97,200
Federal revenues:
USDA, multiple grants.................................. 1,000,000
EPA, multiple grants................................... 356,200
United States department of labor...................... 463,900
Special revenue funds:
Agricultural preservation fund......................... 928,600
Agriculture pollution prevention fund.................. 100
Freshwater protection fund............................. 5,092,300
Migrant housing inspection fees........................ 112,300
Migratory labor housing fund........................... 28,600
State general fund/general purpose..................... $ 1,623,300
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 97.0
Laboratory services--45.0 FTE positions................ $ 6,085,600
USDA monitoring--13.0 FTE positions.................... 2,259,000
Consumer protection program--39.0 FTE positions........ 5,498,100
GROSS APPROPRIATION.................................... $ 13,842,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDELEG (LCC), liquor quality testing fees..... 189,100
Federal revenues:
USDA, multiple grants.................................. 2,281,000
EPA, multiple grants................................... 351,200
HHS-FDA................................................ 543,000
Special revenue funds:
Agriculture equine industry development fund........... 541,700
Gasoline inspection and testing fund................... 2,639,400
Licensing and inspection fees.......................... 79,500
Refined petroleum fund................................. 3,555,900
Testing fees........................................... 434,500
Weights and measures regulation fees................... 722,500
State general fund/general purpose..................... $ 2,504,900
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions............ 7.0
Agriculture development--4.0 FTE positions............. $ 2,056,700
Grape and wine program--3.0 FTE positions.............. 736,800
GROSS APPROPRIATION.................................... $ 2,793,500
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
USDA, multiple grants.................................. 1,605,000
Special revenue funds:
Private - commodity group revenue...................... 11,100
Industry support funds................................. 200,000
Nonretail liquor fees.................................. 679,200
State general fund/general purpose..................... $ 298,200
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 3.0
Fairs and racing--3.0 FTE positions.................... $ 394,400
Purses and supplements - fairs/licensed tracks......... 764,300
Licensed tracks - light horse racing................... 42,600
Standardbred breeders' awards.......................... 312,500
Standardbred purses and supplements - licensed tracks.. 577,000
Standardbred sire stakes............................... 261,200
Standardbred training and stabling..................... 11,600
Thoroughbred owners' awards............................ 39,900
Thoroughbred supplements - licensed tracks............. 387,000
Thoroughbred breeder's awards.......................... 387,000
Thoroughbred sire stakes............................... 267,600
Distribution of outstanding winning tickets............ 375,000
GROSS APPROPRIATION.................................... $ 3,820,100
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,820,100
State general fund/general purpose..................... $ 0
Sec. 111. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,500,400
GROSS APPROPRIATION.................................... $ 1,500,400
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........... 115,100
Gasoline inspection testing fund....................... 113,100
Freshwater protection fund............................. 100
Licensing and inspection fees.......................... 78,800
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,189,800
Sec. 112. CAPITAL OUTLAY
Farmland and open space development acquisition........ $ 3,300,000
GROSS APPROPRIATION.................................... $ 3,300,000
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 1,250,000
Special revenue funds:
Agriculture preservation fund.......................... 2,050,000
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 2010-2011 is $60,976,500.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $1,500,000.00. 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
TOTAL.................................................. $ 1,500,000
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) "Department" means the department of agriculture.
(b) "Director" means the director of the department.
(c) "EPA" means the United States environmental protection
agency.
(d) "FTE" means full-time equated.
(e) "HHS-FDA" means the United States department of health and
human services - food and drug administration.
(f) "IDG" means interdepartmental grant.
(g) "MDELEG" means the Michigan department of energy, labor,
and economic growth.
(h) "MDNRE" means the Michigan department of natural resources
and environment.
(i) "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 charges
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 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 shall 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 shall 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 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. The
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 287.746, not
to exceed $100,000.00 per order from any line item for the fiscal
year ending September 30, 2011. 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 senate and house
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 and environment. 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 and environment 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 senate and house 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. 215. From the funds appropriated in part 1, the
department shall use an amount not to exceed $10,000.00 to develop,
post, and maintain, on a publicly accessible Internet site, all
expenditures made by the agency within a fiscal year. The posting
must include the purpose for which each expenditure is made. The
department shall not be required to hire additional employees to
comply with this section.
Sec. 219. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget 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 technology, management, and
budget.
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 technology, management, and budget. 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) 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 senate and house appropriations committees, the
senate and house 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. 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, 2011 on each specific policy change made to implement a public
act affecting the department that took effect during the prior
calendar year to the senate and house 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. 237. Not later than September 30, 2011, the department
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the senate and
house fiscal agencies.
EXECUTIVE
Sec. 302. (1) Pursuant to the appropriations in part 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, 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 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
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 1915 PA 91, MCL
285.35.
(3) Annually, before February 1, the department shall provide
a report to the senate and house 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. 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. 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.
Sec. 402. Not later than April 1, 2011, the department shall
provide a report to the senate and house appropriations
subcommittees on agriculture and the senate and house fiscal
agencies describing significant food-borne outbreaks and
emergencies, including any enforcement actions taken related to
food safety during the 2009-2010 fiscal year.
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.
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 and environment 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 and environment 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. 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, 2010, 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. Of the appropriation in section 105 for animal
health and welfare, budgetary reductions for the fiscal year ending
September 30, 2011 shall not be taken from the aquaculture program,
but shall be taken from other programs funded in the animal health
and welfare appropriation line item.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 551. It is the intent of the legislature that the
department work with the fruit and vegetable industry to ensure the
development of a sustainable system of third-party inspections of
fruits and vegetables.
Sec. 552. The department shall evaluate methods for limiting
the transport of invasive species in or on pallets. The evaluation
shall include an assessment for the costs and benefits of using
commercially available treatments for mitigating infestation and
preventing reinfestation of pallets. The department shall report to
the legislature on the findings of the evaluations and make
recommendations for limiting the transport of invasive species in
pallets.
Sec. 553. From the funds appropriated in part 1 for pesticide
and plant pest management, not less than $200,000.00 shall be used
for the purpose to ensure that Michigan commodities receive
departmental inspections required by other governments to ship
commodities out of Michigan. The department shall devise a plan to
provide these required government inspections in a timely manner.
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. 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. 706. Not later than April 1, 2011, the department shall
provide a report to the senate and house appropriations
subcommittees on agriculture and the senate and house 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. 709. (1) Not later than April 1, 2011, the department
shall provide a report to the senate and house appropriations
subcommittees on agriculture and the senate and house 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. 711. In accordance with chapter 8B of the Michigan
strategic fund act, 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.
FAIRS AND EXPOSITIONS
Sec. 801. All appropriations from the agricultural equine
industry development fund shall be spent on equine related
purposes. No funds from the agriculture equine industry development
fund shall be expended for nonequine related purposes without prior
approval of the legislature.
Sec. 802. All appropriations from the agriculture equine
industry development fund, except for the racing commission and
laboratory analysis program appropriations, shall be reduced
proportionately if revenues to the agriculture equine industry
development fund decline during the fiscal year ending September
30, 2011 to a level lower than the amounts appropriated in section
108.
Sec. 803. In the event there is no live thoroughbred race meet
in 2010 or 2011, all purse money and program money appropriated for
the thoroughbred industry in fiscal year 2009-2010 and fiscal year
2010-2011 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 Michigan gaming control board. In the event
there is no thoroughbred meet in 2010 or 2011, the purse pool
distribution order to be issued by the Michigan gaming control
board in 2011 that delineates distribution between the thoroughbred
meet that has been held at pinnacle race course and the joint
thoroughbred/quarterhorse meet held in Mt. Pleasant shall be the
same distribution formula as issued in 2010, with the thoroughbred
portion being held in escrow.
Sec. 804. The Michigan gaming control board shall use actual
expenditure data in determining the actual regulatory costs of
conducting racing dates and shall provide that data to the senate
and house of representatives appropriations subcommittees on
agriculture and general government and the senate and house fiscal
agencies. The Michigan gaming control board shall not be reimbursed
for more than the actual regulatory cost of conducting race dates.
If a certified horsemen's organization funds more than the actual
regulatory cost, the balance shall remain in the agriculture equine
industry development fund to be used to fund subsequent race dates
conducted by race meeting licensees with which the certified
horsemen's organization has contracts. If a certified horsemen's
organization funds less than the actual regulatory costs of the
additional horse racing dates, the Michigan gaming control board
shall reduce the number of future race dates conducted by race
meeting licensees with which the certified horsemen's organization
has contracts. Prior to the reduction in the number of authorized
race dates due to budget deficits, the executive director of the
Michigan gaming control board shall provide notice to the certified
horsemen's organizations with an opportunity to respond with
alternatives. In determining actual costs, the Michigan gaming
control board shall take into account that each specific breed may
require different regulatory mechanisms.
CAPITAL OUTLAY
Sec. 1001. Of the amounts appropriated in part 1 for farmland
and open space development acquisition, the funds shall be used for
the purchase of development rights and the awarding of grants by
the agriculture preservation fund board under the natural resources
and environmental protection act, 1994 PA 451, MCL 324.101 to
324.90106.
Sec. 1002. (1) The director shall allocate lump-sum
appropriations made in this act consistent with statutory
provisions and the purposes for which funds were appropriated.
Lump-sum allocations shall address priority program or facility
needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1003. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.