Executive Budget Bill
February 23, 2005, Introduced by Rep. Whitmer and referred to the Committee on Appropriations.
A bill to make appropriations for the department of agriculture
for the fiscal year ending September 30, 2006; 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 bill, the
amounts listed in this part are appropriated for the department of
agriculture for the fiscal year ending September 30, 2006, 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.......... 694.0
GROSS APPROPRIATION.................................... $ 113,053,900
Interdepartmental grant revenues:
IDG from MDCH, local public health operations.......... 8,878,700
IDG from MDEQ, biosolids............................... 87,300
IDG from MDEQ, MAEAP................................... 150,000
IDG from MDEQ, type II well survey..................... 16,300
IDG from MDLEG (LCC), liquor quality testing fees...... 185,900
IDG from MDNR, district forestry and wildlife
program.............................................. 1,000,000
Total interdepartmental grants and intradepartmental
transfers............................................ 10,318,200
ADJUSTED GROSS APPROPRIATION........................... $ 102,735,700
Federal revenues:
DAG, multiple grants................................... 29,795,800
EPA, multiple grants................................... 2,436,300
HHS-FDA................................................ 349,600
Total federal revenues................................. 32,581,700
Special revenue funds:
Total local revenues................................... 0
Private - slow-the-spread foundation................... 138,700
Total private revenues................................. 138,700
Agricultural preservation fund......................... 900,000
Agriculture equine industry development fund........... 11,290,500
Agriculture pollution prevention fund.................. 100
Cervidae licensing and inspection fees................. 214,300
Civil penalties........................................ 45,700
Commodity inspection fees.............................. 888,300
Gasoline inspection and testing fund................... 2,468,700
Groundwater and freshwater protection fund............. 4,936,800
Horticulture fund...................................... 74,700
Industry support funds................................. 534,500
Licensing and inspection fees.......................... 6,689,400
Nonretail liquor fees.................................. 625,200
Pseudorabies and swine brucellosis fund................ 15,600
Refined petroleum fund................................. 1,855,600
State services fee fund................................ 8,535,600
Testing fees........................................... 405,000
Upper Peninsula state fair revenue..................... 1,338,400
Weights and measures regulation fees................... 624,300
Total other state restricted revenues.................. 41,442,700
State general fund/general purpose..................... $ 28,572,600
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 52.0
Commission and boards.................................. $ 47,300
Unclassified positions--6.0 FTE positions.............. 354,000
Executive direction--10.0 FTE positions................ 1,050,500
Management services--35.5 FTE positions................ 2,997,300
Statistical reporting service--4.0 FTE positions....... 348,000
Emergency management--2.5 FTE positions................ 226,200
Human resource optimization user charges............... 29,500
GROSS APPROPRIATION.................................... $ 5,052,800
Appropriated from:
Special revenue funds:
Gasoline inspection and testing fund................... 55,000
Industry support funds................................. 30,000
Nonretail liquor fees.................................. 8,800
State services fee fund................................ 561,300
Upper Peninsula state fair revenue..................... 9,000
State general fund/general purpose..................... $ 4,388,700
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.................... $ 1,463,400
GROSS APPROPRIATION.................................... $ 1,463,400
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 100,500
EPA, multiple grants................................... 61,200
HHS-FDA................................................ 13,100
Special revenue funds:
Agricultural preservation fund......................... 23,900
Groundwater and freshwater protection fund............. 9,500
Licensing and inspection fees.......................... 59,700
Nonretail liquor fees.................................. 7,900
State services fee fund................................ 304,600
State general fund/general purpose..................... $ 883,000
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 107.0
Food safety and quality assurance--107.0 FTE
positions............................................ $ 10,873,700
Local public health operations......................... 8,878,700
GROSS APPROPRIATION.................................... $ 19,752,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, local public health operations.......... 8,878,700
Federal revenues:
DAG, multiple grants................................... 24,800
HHS-FDA................................................ 203,700
Special revenue funds:
Civil penalties........................................ 45,700
Licensing and inspection fees.......................... 3,187,900
State general fund/general purpose..................... $ 7,411,600
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 52.0
Animal health and welfare--25.5 FTE positions.......... $ 2,407,900
Bovine tuberculosis program--26.5 FTE positions........ 5,747,900
GROSS APPROPRIATION.................................... $ 8,155,800
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 1,251,000
HHS-FDA................................................ 68,800
Special revenue funds:
Agriculture equine industry development fund........... 2,354,000
Cervidae licensing and inspection fees................. 214,300
Licensing and inspection fees.......................... 102,000
Pseudorabies and swine brucellosis fund................ 15,600
State general fund/general purpose..................... $ 4,150,100
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions.......... 231.8
Pesticide and plant pest management--119.8 FTE
positions............................................ $ 12,914,600
Emerald ash borer control program--112.0 FTE
positions............................................ 23,660,600
GROSS APPROPRIATION.................................... $ 36,575,200
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 25,809,100
EPA, multiple grants................................... 1,610,600
HHS-FDA................................................ 64,000
Special revenue funds:
Private - slow-the-spread foundation................... 138,700
Commodity inspection fees.............................. 888,300
Horticulture fund...................................... 74,700
Industry support funds................................. 319,900
Licensing and inspection fees.......................... 3,220,500
State general fund/general purpose..................... $ 4,449,400
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions.........47.0
Environmental stewardship--32.7 FTE positions.......... $ 2,704,500
Groundwater and freshwater protection program--8.3
FTE positions........................................ 5,026,600
Farmland and open space preservation--6.0 FTE
positions............................................ 902,500
Cooperative resources management initiative program.... 1,000,000
Agriculture pollution prevention program............... 400,100
Local conservation districts........................... 1,516,800
GROSS APPROPRIATION.................................... $ 11,550,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 87,300
IDG from MDEQ, MAEAP................................... 150,000
IDG from MDEQ, type II well survey..................... 16,300
IDG from MDNR, district forestry and wildlife
program.............................................. 1,000,000
Federal revenues:
DAG, multiple grants................................... 400,000
EPA, multiple grants................................... 424,500
Special revenue funds:
Agricultural preservation fund......................... 875,900
Agriculture pollution prevention fund.................. 100
Groundwater and freshwater protection fund............. 4,927,200
State general fund/general purpose..................... $ 3,669,200
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........148.0
Laboratory services--60.5 FTE positions................ $ 5,438,000
USDA monitoring--18.0 FTE positions.................... 1,990,000
Consumer protection program--69.5 FTE positions........ 3,883,800
GROSS APPROPRIATION.................................... $ 11,311,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDLEG (LCC), liquor quality testing fees...... 183,100
Federal revenues:
DAG, multiple grants................................... 2,011,400
EPA, multiple grants................................... 340,000
Special revenue funds:
Gasoline inspection and testing fund................... 2,386,700
Refined petroleum fund................................. 1,855,600
State services fee fund................................ 503,200
Testing fees........................................... 405,000
Weights and measures regulation fees................... 624,300
State general fund/general purpose..................... $ 3,002,500
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions..........8.0
Agriculture development--5.0 FTE positions............. $ 873,300
Grape and wine program--3.0 FTE positions.............. 662,600
Export market development program...................... 50,000
GROSS APPROPRIATION.................................... $ 1,585,900
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 199,000
Special revenue funds:
Industry support funds................................. 154,600
Nonretail liquor fees.................................. 608,000
State services fee fund................................ 350,700
State general fund/general purpose..................... $ 273,600
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions.........16.5
Upper Peninsula state fair--7.0 FTE positions.......... $ 1,328,500
Fairs, racing and producer security--9.5 FTE
positions............................................ 1,057,400
Premiums - county and state fairs...................... 1,614,000
Purses and supplements - fairs/licensed tracks......... 2,592,700
Quarterhorse programs.................................. 39,600
Licensed tracks - light horse racing................... 76,500
Standardbred breeders’ awards.......................... 1,230,900
Standardbred purses and supplements-licensed tracks.... 275,700
Standardbred sire stakes............................... 1,031,300
Thoroughbred sire stakes............................... 1,031,300
Standardbred training and stabling..................... 43,600
Thoroughbred program................................... 1,804,800
Thoroughbred owners’ awards............................ 155,200
Distribution of outstanding winning tickets............ 500,000
GROSS APPROPRIATION.................................... $ 12,781,500
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 8,781,600
Industry support funds................................. 30,000
Licensing and inspection fees.......................... 119,300
State services fee fund................................ 2,522,100
Upper Peninsula state fair revenue..................... 1,328,500
State general fund/general purpose..................... $ 0
Sec. 111. OFFICE OF RACING COMMISSIONER
Full-time equated classified positions.........31.7
Office of racing commissioner--31.7 FTE positions...... $ 3,296,400
GROSS APPROPRIATION.................................... $ 3,296,400
Appropriated from:
Special revenue funds:
State services fee fund................................ 3,296,400
State general fund/general purpose..................... $ 0
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,528,200
GROSS APPROPRIATION.................................... $ 1,528,200
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........... 154,900
Gasoline inspection and testing fund................... 27,000
Groundwater and freshwater protection fund............. 100
Nonretail liquor fees.................................. 500
State services fee fund................................ 997,300
Upper Peninsula state fair revenue..................... 900
State general fund/general purpose..................... $ 344,500
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 2005-2006 is $70,015,300.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is $3,316,800.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF AGRICULTURE
Groundwater and freshwater protection program.......... $ 1,800,000
Local conservation districts........................... 1,516,800
TOTAL.................................................. $ 3,316,800
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(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) "FTE" means full-time equated.
(f) "HHS-FDA" means the United States department of health and
human services - food and drug administration.
(g) "IDG" means interdepartmental grant.
(h) "MAEAP" means the Michigan agriculture environmental
assurance program.
(i) "MDCH" means the Michigan department of community health.
(j) "MDLEG (LCC)" means the Michigan department of labor and
economic growth - liquor control commission.
(k) "MDEQ" means the Michigan department of environmental
quality.
(l) "MDNR" means the Michigan department of natural resources.
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, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or 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. 206. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this bill.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on an Internet or Intranet
site.
Sec. 207. 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.
Sec. 208. 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. 209. From the funds appropriated in part 1 for information
technology, departments and agencies shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the departments and
agencies and the department of information technology.
Sec. 210. 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. 211. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2006 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 senate and house of
representatives standing committees on appropriations, 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. 212. (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 bill under section 393(2) of the department of 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 bill under section 393(2) of the department of 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 bill
under section 393(2) of the department of 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 bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
Sec. 213. Of the funds appropriated in part 1, the department
may provide for indemnity as provided for pursuant to the animal
industry act of 1987, 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, 2006. 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.
EXECUTIVE
Sec. 302. 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 analysis 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.
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.
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.
AGRICULTURE DEVELOPMENT
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 funds for the purpose of developing new and enhancing
existing export markets for Michigan agricultural products.
FAIRS AND EXPOSITIONS
Sec. 802. (1) The appropriation in section 110 for standardbred
purses and supplements - licensed tracks is intended to provide
state purse supplements for 4 standardbred races at state licensed
pari-mutuel horse racing tracks. Of the purse supplements,
$266,600 is to be used 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.
(2) The appropriation in section 110 for licensed tracks - light
horse racing shall be allocated as follows:
Arabian and Appaloosa horse racing..................... $ 19,100
Quarter horse racing................................... 57,400
Sec. 803. Included in the appropriation made in section 110 for
the thoroughbred program is $30,500.00 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. 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 show 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 and to the state budget director 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.