Bill Text: MI SB1181 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; agriculture; department of agriculture; provide for fiscal year 2010-2011. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-03-03 - Referred To Committee On Appropriations [SB1181 Detail]
Download: Michigan-2009-SB1181-Introduced.html
SENATE BILL No. 1181
EXECUTIVE BUDGET BILL
March 3, 2010, Introduced by Senators SCOTT and SWITALSKI and referred to the Committee on Appropriations.
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 bill,
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.......... 457.9
GROSS APPROPRIATION.................................... $ 77,677,800
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........................... $ 77,388,700
Federal revenues:
DAG, multiple grants................................... 10,863,300
EPA, multiple grants................................... 1,728,900
HHS-FDA................................................ 1,713,800
United States department of labor...................... 463,900
Total federal revenues................................. 14,769,900
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........... 5,750,700
Agriculture pollution prevention fund.................. 100
Animal welfare fund.................................... 142,400
Commodity inspection fees.............................. 1,218,500
Consumer and industry food safety education fund....... 278,000
Dairy and food safety fund............................. 3,516,500
Freshwater protection fund............................. 5,127,600
Gasoline inspection and testing fund................... 2,822,600
Horticulture fund...................................... 89,300
Industry support funds................................. 821,600
Licensing and inspection fees.......................... 4,281,100
Migrant housing inspection fees........................ 650,200
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.................. 33,530,000
State general fund/general purpose..................... $ 28,828,700
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 2.0
Full-time equated classified positions........... 27.0
Commissions and boards................................. $ 23,800
Unclassified positions--2.0 FTE positions.............. 213,300
Executive direction--8.0 FTE positions................. 1,025,800
Management services--12.0 FTE positions................ 1,016,600
Statistical reporting service--1.0 FTE position........ 150,300
Emergency management--6.0 FTE positions................ 759,400
Accounting service center.............................. 878,300
GROSS APPROPRIATION.................................... $ 4,067,500
Appropriated from:
Federal revenues:
HHS-FDA................................................ 512,300
Special revenue funds:
Private - commodity group revenue...................... 82,600
Gasoline inspection and testing fund................... 70,100
Industry support funds................................. 38,400
Nonretail liquor fees.................................. 8,800
Refined petroleum fund................................. 57,800
State general fund/general purpose..................... $ 3,297,500
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.................... $ 1,042,200
GROSS APPROPRIATION.................................... $ 1,042,200
Appropriated from:
Federal revenues:
DAG, 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--107.0 FTE positions. $ 13,159,900
GROSS APPROPRIATION.................................... $ 13,159,900
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 61,100
HHS-FDA................................................ 432,600
Special revenue funds:
Consumer and industry food safety education fund....... 278,000
Dairy and food safety fund............................. 3,516,500
State general fund/general purpose..................... $ 8,871,700
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 67.9
Animal health and welfare--12.4 FTE positions.......... $ 2,027,100
Bovine tuberculosis program--55.5 FTE positions........ 7,571,700
GROSS APPROPRIATION.................................... $ 9,598,800
Appropriated from:
Federal revenues:
DAG, 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..................... $ 8,053,800
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions.......... 108.0
Pesticide and plant pest management--94.0 FTE
positions............................................ $ 11,366,800
Emerald ash borer control program--10.0 FTE positions.. 2,138,500
Producer security/grain dealers--4.0 FTE positions..... 252,600
GROSS APPROPRIATION.................................... $ 13,757,900
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DAG, 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.............................. 1,218,500
Horticulture fund...................................... 89,300
Industry support funds................................. 461,900
Licensing and inspection fees.......................... 3,833,600
State general fund/general purpose..................... $ 3,830,200
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 40.0
Environmental stewardship--8.0 FTE positions........... $ 910,100
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
Migrant labor housing--8.0 FTE......................... 1,142,800
GROSS APPROPRIATION.................................... $ 9,335,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 97,200
Federal revenues:
DAG, 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........................ 650,200
Migratory labor housing fund........................... 28,600
State general fund/general purpose..................... $ 718,600
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 97.0
Laboratory services--45.0 FTE positions................ $ 6,142,500
USDA monitoring--13.0 FTE positions.................... 2,259,000
Consumer protection program--39.0 FTE positions........ 5,498,100
GROSS APPROPRIATION.................................... $ 13,899,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDELEG (LCC), liquor quality testing fees..... 189,100
Federal revenues:
DAG, multiple programs................................. 2,281,000
EPA, multiple programs................................. 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..................... $ 2,561,800
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions............ 7.0
Agriculture development--4.0 FTE positions............. $ 2,185,100
Grape and wine program--3.0 FTE positions.............. 736,800
GROSS APPROPRIATION.................................... $ 2,921,900
Appropriated from:
Federal revenues:
DAG, multiple grants................................... 1,605,000
Special revenue funds:
Private - commodity group revenue...................... 11,100
Industry support funds................................. 321,300
Nonretail liquor fees.................................. 679,200
State general fund/general purpose..................... $ 305,300
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 4.0
Fairs and racing --4.0 FTE positions................... $ 525,900
Purses and supplements - fairs/licensed tracks......... 1,019,100
Licensed tracks - light horse racing................... 56,800
Standardbred breeders' awards.......................... 416,700
Standardbred purses and supplements - licensed tracks.. 769,400
Standardbred sire stakes............................... 348,300
Standardbred training and stabling..................... 15,500
Thoroughbred owners' awards............................ 53,300
Thoroughbred program................................... 1,032,000
Thoroughbred sire stakes............................... 356,900
Distribution of outstanding winning tickets............ 500,000
GROSS APPROPRIATION.................................... $ 5,093,900
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 5,093,900
State general fund/general purpose..................... $ 0
Sec. 111. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,500,400
GROSS APPROPRIATION.................................... $ 1,540,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDELEG (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:
DAG, 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. (1) 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 $62,358,700.00
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 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) "MDELEG (LCC)" means the Michigan department of energy,
labor, and economic growth - liquor control commission.
(i) "MDNRE" means the Michigan department of natural resources
and environment.
(j) "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 receiving appropriations in part 1
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 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 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. (1) Of the funds appropriated in part 1, the
department may provide for indemnity as provided for pursuant to
the animal industry act, 1988 PA 466, MCL 287.701 to 287.745, not
to exceed $100,000.00 per order from any line item for the fiscal
year ending September 30, 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.
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. Such user fees shall be
subject to provisions of an interagency agreement between the
departments and agencies and the department of technology,
management, and budget.
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 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. (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 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 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.
ENVIRONMENTAL STEWARDSHIP
Sec. 609. It is the intent of the legislature that the
department work with industry to develop a fee for migrant worker
housing inspections. The proposed fee shall not exceed $25.00 per
worker and should be designed to become effective no later than
April 1, 2011.
AGRICULTURE DEVELOPMENT
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.
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.
