Bill Text: MI SB0297 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; agriculture; department of agriculture; provide for fiscal year 2009-2010. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-03 - Referred To Committee On Appropriations [SB0297 Detail]
Download: Michigan-2009-SB0297-Introduced.html
SENATE BILL No. 297
EXECUTIVE BUDGET BILL
March 3, 2009, Introduced by Senator SCOTT and referred to the Committee on Appropriations.
A bill to make appropriations for the department of
agriculture for the fiscal year ending September 30, 2010; 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, 2010, 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.......... 591.5
GROSS APPROPRIATION.................................... $ 83,499,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 435,700
ADJUSTED GROSS APPROPRIATION........................... $ 83,064,200
Federal revenues:
Total federal revenues................................. 14,231,100
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 243,200
Total other state restricted revenues.................. 34,602,800
State general fund/general purpose..................... $ 33,987,100
GROSS APPROPRIATION.................................... $ 83,499,900
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 93,800
IDG from DHS, food bank................................ 150,000
IDG from MDELEG (LCC), liquor quality testing fees..... 191,900
Total interdepartmental grants and intradepartmental
transfers............................................ 435,700
ADJUSTED GROSS APPROPRIATION........................... $ 83,064,200
Federal revenues:
DAG, multiple grants................................... 10,607,200
EPA, multiple grants................................... 1,586,300
HHS-FDA................................................ 1,637,600
United States department of labor...................... 400,000
Total federal revenues................................. 14,231,100
Special revenue funds:
Private - commodity group.............................. 90,600
Private - slow-the-spread foundation................... 152,600
Total private revenues................................. 243,200
Agricultural preservation fund......................... 3,400,000
Agriculture equine industry development fund........... 7,571,000
Agriculture pollution prevention fund.................. 100
Commodity inspection fees.............................. 1,117,700
Dairy and food safety fund............................. 3,474,300
Gasoline inspection and testing fund................... 2,735,800
Freshwater protection fund............................. 5,230,600
Horticulture fund...................................... 82,200
Industry support funds................................. 724,700
Licensing and inspection fees.......................... 4,142,300
Migratory labor housing................................ 25,000
Nonretail liquor fees.................................. 682,800
Refined petroleum fund................................. 3,454,900
Testing fees........................................... 434,500
Consumer and industry food safety education fund....... 264,800
Weights and measures regulation fees................... 688,300
Total other state restricted revenues.................. 34,029,700
State general fund/general purpose..................... $ 33,987,100
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 41.5
Commission and boards.................................. $ 23,800
Unclassified positions--6.0 FTE positions.............. 354,000
Executive direction--10.0 FTE positions................ 985,800
Management services--24.0 FTE positions................ 1,869,900
Agricultural statistics--1.0 FTE positions............. 146,000
Emergency management--6.5 FTE positions................ 747,100
GROSS APPROPRIATION.................................... $ 4,126,600
Appropriated from:
Federal revenues:
HHS-FDA................................................ 500,000
Special revenue funds:
Private - commodity group.............................. 79,700
Agriculture equine industry development fund........... 90,000
Gasoline inspection and testing fund................... 66,300
Industry support funds................................. 36,500
Nonretail liquor fees.................................. 8,800
Refined petroleum fund................................. 54,700
State general fund/general purpose..................... $ 3,290,600
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.................... $ 860,300
GROSS APPROPRIATION.................................... $ 860,300
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 79,400
EPA, multiple grants................................... 60,900
HHS-FDA................................................ 13,100
Special revenue funds:
Agricultural preservation fund......................... 23,900
Freshwater protection fund............................. 9,500
Agriculture equine industry development fund........... 53,400
Licensing and inspection fees.......................... 59,100
Nonretail liquor fees.................................. 7,800
Refined petroleum fund................................. 114,000
State general fund/general purpose..................... $ 439,200
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 115.0
Food safety and quality assurance--115.0 FTE positions. $ 12,866,700
GROSS APPROPRIATION.................................... $ 12,866,700
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 58,300
HHS-FDA................................................ 412,200
Special revenue funds:
Consumer and industry food safety education fund....... 264,800
Dairy and food safety fund............................. 3,474,300
State general fund/general purpose..................... $ 8,657,100
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 70.0
Animal health and disease response--70.0 FTE positions. $ 10,064,100
GROSS APPROPRIATION.................................... $ 10,064,100
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 1,178,200
HHS-FDA................................................ 73,000
Special revenue funds:
Licensing and inspection fees.......................... 108,000
State general fund/general purpose..................... $ 8,704,900
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions.......... 134.5
Pesticide and plant pest management--110.0 FTE
positions............................................ $ 12,265,300
Emerald ash borer control program--24.5 FTE positions.. 3,034,200
GROSS APPROPRIATION.................................... $ 15,299,500
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 4,568,300
EPA, multiple grants................................... 919,200
HHS-FDA................................................ 96,300
Special revenue funds:
Private - slow-the-spread foundation................... 152,600
Commodity inspection fees.............................. 1,117,700
Horticulture fund...................................... 82,000
Industry support funds................................. 351,600
Licensing and inspection fees.......................... 3,660,500
State general fund/general purpose..................... $ 4,351,300
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 51.0
Environmental stewardship--27.0 FTE positions.......... $ 2,345,000
Groundwater and freshwater protection program--15.0
FTE positions........................................ 5,255,100
Farmland and open space preservation--9.0 FTE
positions............................................ 1,006,900
Technical assistance match............................. 236,800
Agriculture pollution prevention program............... 1,000,100
Local conservation districts........................... 458,400
Migrant labor housing.................................. 425,100
GROSS APPROPRIATION.................................... $ 10,727,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 93,800
Federal revenues:
DAG, multiple grants................................... 1,000,000
EPA, multiple grants................................... 255,000
United States department of labor...................... 400,000
Special revenue funds:
Agricultural preservation fund......................... 875,900
Agriculture pollution prevention fund.................. 100
Freshwater protection fund............................. 5,221,000
Migratory labor housing................................ 25,000
State general fund/general purpose..................... $ 2,856,600
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions.......... 131.0
Laboratory services--63.0 FTE positions................ $ 6,420,100
USDA monitoring program--17.0 FTE positions............ 2,171,700
Consumer protection program--51.0 FTE positions........ 5,237,400
GROSS APPROPRIATION.................................... $ 13,829,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDELEG (LCC), liquor quality testing fees..... 189,100
Federal revenues:
DAG, multiple grants................................... 2,193,700
EPA, multiple grants................................... 351,200
HHS-FDA................................................ 543,000
Special revenue funds:
Agriculture equine industry development fund........... 519,700
Gasoline inspection and testing fund................... 2,562,500
Licensing and inspection fees.......................... 76,300
Refined petroleum fund................................. 3,286,200
Testing fees........................................... 434,500
Weights and measures regulation fees................... 688,300
State general fund/general purpose..................... $ 2,984,700
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions............ 9.0
Agriculture development--6.0 FTE positions............. $ 1,087,900
Grape and wine program--3.0 FTE positions.............. 722,200
Export market development program...................... 50,000
Michigan agricultural surplus system................... 630,500
GROSS APPROPRIATION.................................... $ 2,490,600
Appropriated from:
Interdepartmental grant revenues:
IDG from DHS, food bank................................ 150,000
Federal revenues:
DAG, multiple grants................................... 279,300
Special revenue funds:
Private - commodity group.............................. 10,900
Industry support funds................................. 316,000
Nonretail liquor fees.................................. 665,700
State general fund/general purpose..................... $ 1,068,700
Sec. 110. HORSE RACING PROGRAMS
Full-time equated classified positions............ 9.5
Horse racing and producer security--9.5 FTE positions.. 1,195,300
Purses and supplements - fairs/licensed tracks......... 716,400
Licensed tracks - light horse racing................... 39,900
Standardbred breeders' awards.......................... 292,900
Standardbred purses and supplements - licensed tracks.. 540,900
Standardbred sire stakes............................... 244,800
Thoroughbred sire stakes............................... 250,900
Standardbred training and stabling..................... 10,900
Thoroughbred program................................... 725,500
Thoroughbred owners' awards............................ 37,500
Distribution of outstanding winning tickets............ 211,600
GROSS APPROPRIATION.................................... $ 4,266,600
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,755,100
Industry support funds................................. 20,600
Licensing and inspection fees.......................... 163,500
State general fund/general purpose..................... $ 327,400
Sec. 111. OFFICE OF RACING COMMISSIONER
Full-time equated classified positions........... 30.0
Office of racing commissioner--30.0 FTE positions...... $ 3,500,000
GROSS APPROPRIATION.................................... $ 3,500,000
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,500,000
State general fund/general purpose..................... $ 0
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,718,900
GROSS APPROPRIATION.................................... $ 1,718,900
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........... 226,800
Gasoline inspection and testing fund................... 107,000
Freshwater protection fund............................. 100
Nonretail liquor fees.................................. 500
Licensing and inspection fees.......................... 74,900
State general fund/general purpose..................... $ 1,306,600
Sec. 113. CAPITAL OUTLAY
Farmland and open space development acquisition ....... $ 3,750,000
GROSS APPROPRIATION.................................... $ 3,750,000
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 1,250,000
Special revenue funds:
Agriculture preservation fund ......................... 2,500,000
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 2009-2010 is $68,589,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $1,958,400.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF AGRICULTURE
Groundwater and freshwater protection program.......... $ 1,500,000
Local conservation districts........................... 458,400
TOTAL.................................................. $ 1,958,400
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) "DHS" means the department of human services.
(e) "EPA" means the United States environmental protection
agency.
(f) "FTE" means full-time equated.
(g) "HHS-FDA" means the United States department of health and
human services - food and drug administration.
(h) "IDG" means interdepartmental grant.
(i) "MAEAP" means the Michigan agriculture environmental
assurance program.
(j) "MDCH" means the Michigan department of community health.
(k) "MDEQ" means the Michigan department of environmental
quality.
(l) "MDELEG (LCC)" means the Michigan department of labor
energy and economic growth - liquor control commission.
(m) "USDA" means the United States department of agriculture.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the 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. 208. 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. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director 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. Of the funds appropriated in part 1, the department
may provide for indemnity as provided for pursuant to the animal
industry act, 1988 PA 466, MCL 287.701 to 287.745, not to exceed
$100,000.00 per order from any line item for the fiscal year ending
September 30, 2009. Before the department provides for an
indemnification under this section, the department shall report the
reason for the indemnification, the amount of the indemnification,
and to whom the indemnification is to be paid. The report shall be
given to each member of the house and senate appropriations
subcommittees on agriculture and to the senate and house fiscal
agencies and the state budget director.
Sec. 219. 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. 223. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2010 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 of representatives standing
committees on appropriations, 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. 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 bill 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 bill 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 bill
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 bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
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.
EXECUTIVE
Sec. 302. In addition to the funds appropriated 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, 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.
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. 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.
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. 460. All appropriations from the agriculture equine
industry development fund shall be reduced proportionately if
revenues to the agriculture equine industry development fund
decline during the fiscal year ending September 30, 2010 to a level
lower than the amount appropriated in part 1.
ENVIRONMENTAL STEWARDSHIP
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 not larger than $11,605.00 to support basic operations. 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.
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. 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.
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.
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 bill 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.
