Act No. 290
Public Acts of 1998
Approved by the Governor
July 27, 1998
Filed with the Secretary of State
July 27, 1998
EFFECTIVE DATE: July 27, 1998
STATE OF MICHIGAN
89TH LEGISLATURE
REGULAR SESSION OF 1998
Introduced by Reps. Bobier, Godchaux, Johnson, Gilmer, Jellema, Bankes and Jansen
ENROLLED HOUSE BILL No. 5591
AN ACT to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various 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 natural resources for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,224.5
GROSS APPROPRIATION $ 228,001,500
Interdepartmental grant revenues:
IDG, engineering services to work orders 1,004,700
IDG from MDOT, state trunkline fund 36,300
IDG-MJC, economic development job training funds 1,000,000
IDG, MacMullan conference center revenue 1,328,900
IDG, land acquisition services to work orders 819,000
IDT, interdivisional charges 2,859,700
Total interdepartmental grants and intradepartmental transfers 7,048,600
ADJUSTED GROSS APPROPRIATION $ 220,952,900
Federal revenues:
DAG, federal 2,377,400
DOC, federal 42,100
DOD, federal 60,700
DOE, federal 1,000
DOI, federal 13,404,700
DOI-MMS, federal oil and gas royalty revenue $ 750,000
DOT, federal 2,355,800
EPA, federal 318,800
IGLFC, federal 20,100
Total federal revenues 19,330,600
Special revenue funds:
Total local revenues 0
Private funds 1,170,600
Private gift revenues 500,000
Total private revenues 1,670,600
Air photo fees 729,000
Aircraft fees 101,800
Airport and park operation fees 40,900
Automated license system revenue 403,500
Commercial fishing fee revenue 200
Delinquent property tax administration fund 989,200
Farmland and open space withdrawal fees 557,800
Forest camping fee revenue 795,500
Forest resource revenue 20,804,100
Game and fish protection fund 50,441,000
Game and fish protection fund - deer habitat reserve 1,671,200
Game and fish protection fund - turkey permit fees 932,000
Game and fish protection fund - waterfowl fees 111,700
Game and fish - wildlife resource protection fund 995,200
Harbor development fund 220,300
Land exchange facilitation fund 5,322,400
Land sale revenue 4,596,500
Mackinac Island state park fund 1,329,400
Marine safety fund 4,822,700
Michigan civilian conservation corps endowment fund 1,267,000
Michigan geographic information system revenue 166,700
Michigan state parks endowment fund 4,330,200
Michigan state waterways fund 12,063,300
Motor fuel sales 775,000
Natural resources magazine fund 101,400
Natural resources trust fund 1,924,600
Nongame wildlife fund 844,500
Off-road vehicle trail improvement fund 1,629,100
Other restricted revenues 7,300
Park improvement fund 25,258,000
Publication revenue 100,000
Recreation improvement fund 1,388,500
Recreation bond fund 1,350,000
Shop fees 50,700
Snowmobile registration fee revenue 594,300
Snowmobile trail improvement fund 4,586,700
Total other state restricted revenues 151,301,700
State general fund/general purpose $ 48,650,000
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 20.0
Commission (including travel expense - per diem) $ 75,000
Unclassified salaries 394,200
Executive direction--9.0 FTE positions 1,491,000
Office of information and education--11.0 FTE positions 1,224,700
GROSS APPROPRIATION $ 3,184,900
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue $ 13,100
Special revenue funds:
Delinquent property tax administration fund 3,400
Farmland and open space withdrawal fees 3,500
Forest resource revenue 148,700
Game and fish protection fund 1,021,800
Land exchange facilitation fund 5,400
Land sale revenue 32,200
Marine safety fund 27,900
Michigan geographic information system revenue 1,000
Michigan state parks endowment fund 8,200
Michigan state waterways fund 229,800
Natural resources magazine fund 101,400
Off-road vehicle trail improvement fund 2,300
Other restricted revenues 2,500
Park improvement fund 413,100
Snowmobile registration fee revenue 2,300
Snowmobile trail improvement fund 12,100
State general fund/general purpose $ 1,156,200
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 219.0
Budget and program support--57.0 FTE positions $ 3,834,600
Internal audit--12.0 FTE positions 806,400
Field program support--70.0 FTE positions 5,541,800
Human resources--17.0 FTE positions 1,364,200
Equal opportunity and legal services--8.0 FTE positions 774,400
Office of information systems and technology--55.0 FTE positions 7,999,700
GROSS APPROPRIATION $ 20,321,100
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue 12,400
IDT, interdivisional charges 2,691,300
Federal revenues:
DOI, federal 108,500
Special revenue funds:
Aircraft fees 101,800
Automated license system revenue 403,500
Delinquent property tax administration fund 11,100
Farmland and open space withdrawal fees 3,900
Forest resource revenue 699,900
Game and fish protection fund 6,899,300
Land exchange facilitation fund 30,200
Land sale revenue 64,200
Marine safety fund 219,000
Michigan natural resources trust fund 567,800
Michigan state parks endowment fund 47,300
Michigan state waterways fund 717,300
Michigan civilian conservation corps endowment fund 5,700
Off-road vehicle trail improvement fund 48,400
Other restricted revenues 4,800
Park improvement fund 727,300
Publication revenue 100,000
Recreation improvement fund 5,800
Snowmobile registration fee revenue 58,900
Snowmobile trail improvement fund 72,600
State general fund/general purpose $ 6,720,100
Sec. 104. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 1,632,900
Rent privately owned property 619,300
Gifts and bequests 500,000
GROSS APPROPRIATION $ 2,752,200
Appropriated from:
Special revenue funds:
Private gift revenues 500,000
Forest resource revenue 169,900
Game and fish protection fund 559,100
Land sale revenue 38,600
Marine safety fund 36,000
Michigan state waterways fund 196,100
Natural resources trust fund 9,400
Snowmobile trail improvement fund 15,600
Park improvement fund 84,500
State general fund/general purpose $ 1,143,000
Sec. 105. WILDLIFE MANAGEMENT
Full-time equated classified positions 186.0
Wildlife administration--14.5 FTE positions $ 1,700,000
Wildlife management--162.5 FTE positions 15,226,000
Natural resources heritage--9.0 FTE positions 1,494,900
State game and wildlife area maintenance 525,000
Federal lands biological inventory 50,000
GROSS APPROPRIATION $ 18,995,900
Appropriated from:
Federal revenues:
DOD, federal 50,000
DOI, federal 6,413,700
EPA, federal 51,300
Special revenue funds:
Private funds 101,800
Game and fish protection fund 8,658,100
Game and fish protection fund - deer habitat reserve 1,671,200
Game and fish protection fund - turkey permit fees 932,000
Game and fish protection fund - waterfowl fees 111,700
Nongame wildlife fund 544,500
State general fund/general purpose $ 461,600
Sec. 106. FISHERIES MANAGEMENT
Full-time equated classified positions 229.0
Fisheries administration--12.5 FTE positions $ 1,245,600
Fisheries resource management--142.4 FTE positions 10,065,900
Commercial fisheries--2.7 FTE positions 177,400
St. Mary's river - Little Rapids restoration project 250,000
Recreational fisheries--14.0 FTE positions 1,649,300
Fish production--57.4 FTE positions 6,779,000
Inplace river hatchery - Au Sable River 62,300
Treaty waters management fund work project 138,200
Stream habitat improvement 1,151,100
GROSS APPROPRIATION $ 21,518,800
Appropriated from:
Federal revenues:
DOE, federal 1,000
DOC, federal 42,100
DOI, federal 5,933,400
EPA, federal 130,100
IGLFC, federal $ 20,100
Special revenue funds:
Commercial fishing fee revenue 200
Game and fish protection fund 15,253,700
State general fund/general purpose $ 138,200
Sec. 107. PARKS AND RECREATION
Full-time equated classified positions 837.0
State parks--610.2 FTE positions $ 36,200,500
Lake sewer projects 150,000
MacMullan conference center--7.0 FTE positions 1,303,400
Recreational boating--202.1 FTE positions 10,563,800
Public access site signs - aquatic nuisance control 15,000
Michigan civilian conservation corps--3.0 FTE positions 3,443,000
Engineering--14.7 FTE positions 1,211,500
Cost of marine fuel purchased for resale 775,000
GROSS APPROPRIATION $ 53,662,200
Appropriated from:
Interdepartmental grant revenues:
IDG-MJC, economic development job training funds 1,000,000
IDG, engineering services to work orders 1,004,700
IDG, MacMullan conference center revenue 1,303,400
IDT, interdivisional charges 168,400
Federal revenues:
EPA, federal 95,900
Special revenue funds:
Harbor development fund 220,300
Michigan civilian conservation corps endowment fund 1,261,300
Michigan state parks endowment fund 3,919,400
Michigan state waterways fund 10,395,300
Motor fuel sales 775,000
Park improvement fund 23,968,100
Private funds 257,800
State general fund/general purpose $ 9,292,600
Sec. 108. MACKINAC ISLAND STATE PARK
Full-time equated classified positions 48.0
Mackinac Island park operation--23.0 FTE positions $ 1,584,400
Historical facilities system--25.0 FTE positions 1,703,300
GROSS APPROPRIATION $ 3,287,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state trunkline fund 36,300
Special revenue funds:
Airport and park operation fees 40,900
Mackinac Island state park fund 1,329,400
State general fund/general purpose $ 1,881,100
Sec. 109. FOREST RESOURCE MANAGEMENT
Full-time equated classified positions 340.0
Timber harvest--102.0 FTE positions $ 7,925,300
Forest cultivation and reforestation--23.0 FTE positions 3,924,700
Forest resource planning and land use--21.0 FTE positions 2,909,800
Private forest development--10.5 FTE positions 862,100
Forest finance authority--9.0 FTE positions 1,643,700
Forest fire protection--141.5 FTE positions 9,432,600
Forest recreation--15.5 FTE positions 1,775,700
Trails--17.5 FTE positions 2,231,800
Abandoned mine shaft closure $ 350,000
Forest management initiative 1,100,000
Forest fire equipment 500,000
GROSS APPROPRIATION $ 32,655,700
Appropriated from:
Federal revenues:
DAG, federal 1,252,400
DOD, federal 10,700
EPA, federal 41,500
Special revenue funds:
Private funds 761,000
Forest camping fee revenue 795,500
Forest resource revenue 18,808,500
Game and fish protection fund 634,700
Marine safety fund 125,500
Michigan state waterways fund 341,800
Off-road vehicle trail improvement fund 342,700
Recreation improvement fund 282,700
Shop fees 50,700
Snowmobile trail improvement fund 1,606,400
State general fund/general purpose $ 7,601,600
Sec. 110. REAL ESTATE
Full-time equated classified positions 74.0
Records and services--15.3 FTE positions 4,250,600
Minerals management--15.3 FTE positions 1,393,200
Land acquisition and exchange--16.2 FTE positions 7,291,400
Urban tax reverted residential property rehabilitation 20,000
Michigan resource inventory system--18.2 FTE positions 2,750,900
Farmland and open space preservation--7.0 FTE positions 550,400
Geological mapping--2.0 FTE positions 235,400
GROSS APPROPRIATION $ 16,491,900
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services to work orders 819,000
Special revenue funds:
Air photo fees 729,000
Delinquent property tax administration fund 974,700
Farmland and open space withdrawal fees 550,400
Forest resource revenue 977,100
Game and fish protection fund 310,400
Land exchange facilitation fund 5,286,800
Land sale revenue 4,461,500
Michigan geographic information system revenue 165,700
Natural resources trust fund 817,400
Park improvement fund 65,000
Michigan state parks endowment fund 355,300
State general fund/general purpose $ 979,600
Sec. 111. LAW ENFORCEMENT
Full-time equated classified positions 271.5
Wildlife resource protection--10.0 FTE positions $ 995,200
General law enforcement--261.5 FTE positions 23,514,100
GROSS APPROPRIATION $ 24,509,300
Appropriated from:
Federal revenues:
DOI, federal 723,100
DOT, federal 1,855,800
Special revenue funds:
Game and fish - wildlife resource protection fund $ 995,200
Game and fish protection fund 14,953,900
Marine safety fund 1,184,300
Off-road vehicle trail improvement fund 386,200
Snowmobile registration fee revenue 328,100
State general fund/general purpose $ 4,082,700
Sec. 112. PAYMENTS IN LIEU OF TAXES
Swamp and tax reverted lands $ 7,071,500
Purchased lands/open space payments 7,974,500
Commercial forest reserve 2,691,700
GROSS APPROPRIATION $ 17,737,700
Appropriated from:
Special revenue funds:
Game and fish protection fund 1,850,000
Michigan state waterways fund 183,000
Natural resources trust fund 530,000
State general fund/general purpose $ 15,174,700
Sec. 113. GRANTS
Grant to counties - marine safety $ 3,230,000
Federal - land and water conservation fund payments 1,000
Federal - forest stewardship grants 625,000
Federal - urban forestry grants 400,000
Federal - rural community fire protection/dry hydrant demonstration projects 100,000
Federal - clean vessel act grants 175,000
Community recreation infrastructure grants 1,350,000
Federal - oil and gas royalty payments 750,000
Recreation improvement fund grants 1,100,000
Snowmobile local grants program 2,880,000
Snowmobile law enforcement grants 205,000
Off-road vehicle trail improvement grants 849,500
National recreational trails 550,000
Game and nongame wildlife fund grants 400,000
Inland fisheries resources grants 200,000
Small range program grants 50,000
City of Center Line shooting range 18,600
GROSS APPROPRIATION $ 12,884,100
Appropriated from:
Federal revenues:
DAG, federal 1,125,000
DOI, federal 226,000
DOI-MMS, federal oil and gas royalty revenue 750,000
DOT, federal 500,000
Special revenue funds:
Private funds 50,000
Game and fish protection fund 300,000
Marine safety fund 3,230,000
Nongame wildlife fund 300,000
Off-road vehicle trail improvement fund 849,500
Recreation bond fund 1,350,000
Recreation improvement fund 1,100,000
Snowmobile registration fee revenue 205,000
Snowmobile trail improvement fund 2,880,000
State general fund/general purpose $ 18,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending in this appropriation act is $199,951,700.00 and state appropriations to be paid to local units of government are estimated at $23,590,800.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Swamp and tax reverted lands $ 7,071,500
Purchased lands/open space payments 7,974,500
Commercial forest reserve 2,691,700
Community recreation infrastructure grants 1,350,000
Grants to counties - marine safety 3,230,000
Snowmobile law enforcement 205,000
Inland fisheries resources 200,000
Off-road vehicle trail improvement 849,500
City of Center Line shooting range 18,600
TOTAL $ 23,590,800
(2) If it appears to the principal executive officer of a department or agency that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the senate and house appropriations committees, and the senate and house fiscal agencies.
Sec. 202. The expenditures and fund sources 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) "Commission" means the commission of natural resources.
(b) "DAG" means the United States department of agriculture.
(c) "Department" means the department of natural resources.
(d) "DOC" means the United States department of commerce.
(e) "DOD" means the United States department of defense.
(f) "DOE" means the United States department of energy.
(g) "DOI" means the United States department of interior.
(h) "DOT" means the United States department of transportation.
(i) "EPA" means the United States environmental protection agency.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "IDT" means intradepartmental transfer.
(m) "IGLFC" means international Great Lakes fish commission.
(n) "MDOT" means the Michigan department of transportation.
Sec. 204. (1) Beginning October 1, 1998, 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 or 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 or to positions that are funded with 80% or more federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring freeze when the director believes that such a hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house appropriations committees the number of exclusions to the hiring freeze approved during the previous month and the justification for each exclusion.
Sec. 205. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% 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. 206. (1) From funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant, or loan, or grant and loan programs administered by the department for the fiscal year ending on September 30, 1999:
(a) The name of each program.
(b) The goals of the program, the criteria, including filing fees, and nominating procedures, eligibility, process, and deadlines for each program.
(c) The maximum and minimum grant and loan available and whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind contributions may be used as part or all of a required match.
(e) Information pertaining to the application process, timeline for each program, and the contact people within the department.
(f) The source of funds for each program, including the citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by the department by type and amount of grant or loan.
(2) The reports required under this section shall be submitted to the senate and house appropriations committees and the senate and house fiscal agencies by January 1, 2000.
Sec. 208. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced American goods or services, or both, of comparable quality are available. By May 1, 1999, the department shall submit a report to the state budget director, the speaker and minority leader of the house of representatives, the majority and minority leaders of the senate, the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies on efforts to comply with this section.
Sec. 208a. (1) In addition to the funds appropriated in part 1, each of the following is appropriated:
(a) An amount not to exceed $1,000,000.00 for federal contingency funds.
(b) An amount not to exceed $5,000,000.00 for state restricted contingency funds.
(c) An amount not to exceed $100,000.00 for local contingency funds.
(d) An amount not to exceed $100,000.00 for private contingency funds.
(2) The funds appropriated under subsection (1)(a), (b), (c), or (d) are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 209. The state budget director shall provide a list of proposed work projects funded, in whole or in part, from appropriations in this act to the house and senate appropriations committees on November 15, 1998. This list shall provide detailed information including the total work project funding level, spending for the fiscal year ending September 30, 1998, and the amount of budget authority required to complete the project.
Sec. 211. (1) The department shall submit to the department of management and budget, the senate and house appropriations committees, the senate and house fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues quarterly reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.
(2) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond. When progress billings are presented for reimbursement, the department of management and budget shall identify and forward as appropriate the funding sources that should support the work performed.
Sec. 212. (1) In the expenditure of funds appropriated under this act, the director of the department of natural resources shall take all reasonable steps to ensure that businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department.
(2) The director of the department of natural resources shall strongly encourage firms with which the department contracts to subcontract with businesses certified by the department of civil rights in depressed and deprived communities for services or supplies, or both.
Sec. 213. Appropriations of state restricted game and fish protection funds have been made to the following departments and agencies in their respective appropriation bills. The amounts appropriated to these departments and agencies are limited to the amounts listed below:
Department of civil service $ 287,400
Legislative auditor general 18,500
Attorney general 605,300
Department of management and budget 187,400
Department of treasury 1,600
Sec. 214. The department shall provide the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies with a report twice a year on restricted fund balances, projected revenues, and expenditures.
Sec. 215. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:
(a) The total dollar amount of the contract.
(b) The duration of the contract.
(c) The name of the vendor.
(d) The type of service to be provided.
(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:
(a) The total dollar amount of the contract.
(b) The duration of the contract.
(c) The name of the vendor.
(d) The type of service to be provided.
(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.
(4) Each principal executive department and agency shall provide a monthly summary listing of information that identifies any authorizations for personal service contracts that are provided to the department of civil service pursuant to delegated authority granted to each principal executive department and agency related to personal service contracts.
Sec. 215a. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.
Sec. 216. The department shall submit to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies by December 30, 1999 an itemized report of all revenue received by, expenditures made from, and transfers made to or from the Michigan state waterways fund during the fiscal year ending September 30, 1999.
Sec. 218. A copy of all reports to the legislature required under this act shall be forwarded to the senate and house majority and minority policy offices.
Sec. 219. The department shall prepare a report on allowing firing of multiple rounds at shooting ranges, specifically addressing safety and the impact on targets, target areas, and related shooting range infrastructure. The report shall be prepared by April 1, 1999 and presented to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies.
Sec. 220. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.
Sec. 221. (1) Part 1 includes funding for departmental operations financed in whole or in part from early retirement savings generated through the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f. The director shall provide a report that identifies all of the following:
(a) The amount of these early retirement savings realized in the 1997-98 fiscal year.
(b) The amount of these early retirement savings explicitly earmarked and spent for technology improvements in the 1997-98 fiscal year.
(c) The amount of these early retirement savings used for other organizational enhancements in the 1997-98 fiscal year.
(2) The report required under subsection (1) shall be provided to the house and senate appropriations committees and to the house and senate fiscal agencies on or before December 15, 1998.
Sec. 222. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house appropriations committees and the senate and house fiscal agencies on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund, and an accounting of the state departments or agencies in which the executive budget proposed to spend the funds.
EXECUTIVE
Sec. 301. The appropriations in section 102 for the commission may be used for per diem payments to the members of commissions or committees for a full day of commission or committee work at which a quorum is present, for attending a hearing as authorized by the respective commission or committee, or for performing official business as authorized by each respective commission or committee. The per diem payments for members of the commission of natural resources shall be at a rate of $75.00 per day.
Sec. 302. The appropriation in section 102 for the office of information and education shall be allocated by the department through recognized natural resource education specialists to provide outreach programs to school age children and to the general public. Natural resources education shall include information on both consumptive and nonconsumptive aspects of natural resources, such as hunting, fishing, recreation, biodiversity protection, and ecosystem management.
ADMINISTRATIVE SERVICES
Sec. 401. The following are the estimated general purpose revenues available in the game and fish protection fund for the state fiscal year beginning October 1, 1998:
Projected balance from previous year $ 11,335,000
General purpose licenses 41,500,000
Game and fish protection trust fund interest and earnings 3,400,000
Federal indirect revenues 1,000,000
Miscellaneous revenues 600,000
Total general purpose game and fish protection fund $ 57,835,000
Sec. 402. Of the state general fund/general purpose resources appropriated in section 103 to administrative services, $2,210,000.00 is to provide reimbursement to the game and fish protection fund for senior citizen reimbursement.
DEPARTMENTAL OPERATIONAL SUPPORT
Sec. 501. On February 1, 1999, the department shall report on gifts, bequests, grants, and donations to the senate and house appropriations subcommittees on natural resources and to the senate and house fiscal agencies. The report shall include both of the following:
(a) The amount of contributions, gifts, bequests, grants, and donations received by the department for the fiscal year ending September 30, 1998.
(b) A listing of the expenditures made from the amounts received as reported in subdivision (a).
FISHERIES MANAGEMENT
Sec. 602. The department shall annually report to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies the amount and disposition of funds received from the Great Lakes fisheries trust. The report shall include a copy of the trust's annual report and a copy of form 990 filed with the attorney general's office.
Sec. 604. (1) From the appropriation in section 106 for stream habitat improvement, not more than $575,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local government units, and other nonprofit organizations for stream habitat stabilization and soil erosion control.
(2) The fisheries division of the department shall develop priority and cost estimates for all recommended projects. Priority shall be given to applications that use the Michigan civilian conservation corps to its greatest ability.
Sec. 606. The department shall convene a task force on Native American fishing rights and commercial fishing licenses. The task force shall develop a coordinated effort to identify problems and solutions on fishing issues in a manner that brings all interested parties together. The task force shall include representatives of commercial fishing, recreational groups, Native American communities, conservation groups, and appropriate executive departments and legislators. The task force shall present its findings and recommendations to the legislature and the governor by May 31, 1999.
Sec. 607. The department shall initiate discussions with Canada, Minnesota, Wisconsin, Indiana, Illinois, Ohio, New York, and Pennsylvania regarding the establishment of a "Great Lakes fishing license". The department shall report on the progress of the discussions to the senate and house appropriations subcommittees on natural resources by May 1, 1999.
Sec. 608. The department shall not impede the certification process for water control structures on Michigan waterways. All certification conditions necessary for compliance with section 401 of title IV of the federal water pollution control act, chapter 758, 86 Stat. 877, 33 U.S.C. 1341, that are required or requested by the department shall be paid for, by the department, from funds appropriated in section 106.
PARKS AND RECREATION
Sec. 701. The department may charge the appropriations contained in part 1, including all special maintenance and capital projects appropriated for the fiscal year ending September 30, 1999, for engineering services provided, a standard percentage fee to be determined by the state budget director, and may use the revenue derived to support the engineering services charges provided for in part 1.
Sec. 702. The department shall charge state officials that are not on official state business the same fees for admission to state park and recreation facilities as other citizens of the state are charged.
Sec. 703. In accordance with section 1902(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1902, there is appropriated from the Michigan natural resources trust fund to the Michigan state parks endowment fund an amount not to exceed $10,000,000.00 for the fiscal year ending September 30, 1999.
Sec. 704. The interdepartmental grant appropriated in section 107 for the Michigan civilian conservation corps shall be used for the operation of a civilian conservation corps camp at Alberta and to recruit program enrollees.
Sec. 708. The department shall develop a feasibility study to comply with each lake water protection plan which requires owners of lakefront property to transport and dispose of sanitary sewerage or storm water sewerage, or both, at an off-site location. The department shall provide a copy of each study to each legislator who represents the district where the lakefront property is located, and to the senate and house appropriations subcommittees on natural resources.
MACKINAC ISLAND STATE PARK
Sec. 801. This appropriation act includes funding for department technology upgrades and other organizational enhancements financed in whole or in part from early retirement savings generated through section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f. The Mackinac Island state park commission shall provide a spending plan which identifies the amount of these budget savings realized in the fiscal year ending September 30, 1998 and included in the appropriation for the fiscal year ending September 30, 1999, the purpose and amount of expenditures for the fiscal year ending September 30, 1999, and the amount explicitly earmarked for technological improvements financed from early retirement savings. This plan shall be provided to the house and senate appropriations subcommittees on natural resources and to the senate and house fiscal agencies on or before December 15, 1998.
FOREST RESOURCE MANAGEMENT
Sec. 901. The commission may establish and collect fees for the processing of applications for the use of state forests that require extensive review. The fees shall cover the cost to the department of processing the applications. Any unexpended application fees for the use of state forests, along with any excess collections from prior fiscal years, shall be carried over into subsequent fiscal years and shall be available for appropriation.
Sec. 903. Of the funds appropriated in section 109, the department shall not allow the amount of timber marked for harvest to decrease below 855,000 cords provided that the department takes into consideration the impact of timber harvesting on wildlife habitat and recreation uses.
Sec. 904. Of the funds appropriated in part 1 for the forest finance authority in the timber harvest program line item in section 109, no more than 10.0 FTEs shall be assigned to implement the program. Any additional program administration shall be accomplished through contracts with consulting foresters.
Sec. 905. The appropriation in section 109 for abandoned mine shaft closures shall be used to inventory abandoned mine shafts and to reclaim and cap abandoned mine shafts in order of priority as determined by the department. Funds appropriated in section 110 may be used to complete the mine shaft inventory.
Sec. 906. With money received from the sale of timber on state land and appropriated in part 1, the department may employ an additional 20 full-time temporary employees to serve as fire fighters for the 6-month period in which the risk of forest fires is the highest.
Sec. 907. As a condition of expenditure of appropriations under section 109, the department shall develop a plan to privatize snowmobile trail grooming activities during the 1999-2000 winter season for state-owned or maintained snowmobile trails. This plan shall be submitted to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies on December 31, 1998.
REAL ESTATE
Sec. 1001. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 1999, and for prior fiscal years, a standard percentage fee to be determined by the state budget director, and may use the revenue derived to support the land acquisition service charges provided for in section 110.
Sec. 1002. The land sale fund is created. An amount equal to the cost of personal services, printing, postage, advertising, contractual services, and facility rental associated with tax reverted lands shall be deducted from the sales and credited to the land sale fund.
Sec. 1003. The $20,000.00 appropriation in section 110 for urban residential property rehabilitation shall be expended in demonstration projects in depressed urban areas. The purpose of these projects shall be to determine the desirability of tax lien purchase agreements as a means to provide clear title to prospective buyers of tax reverted residential properties.
Sec. 1004. As a condition for the expenditure of appropriations under section 110, the department shall refund the fee paid by an unsuccessful bidder who has nominated state property for sale, when the land is sold.
LAW ENFORCEMENT
Sec. 1101. A conservation officer or other employee or agent of the department who is paid through an appropriation provided in part 1 and who is acting in an investigative or other official capacity shall not enter a private residence, vehicle, boat, or other private property without a warrant or consent of the owner, or exception allowed by law.
Sec. 1102. As a condition of expenditure of appropriations under section 111, the department shall, in consultation with the snowmobile advisory committee, develop a plan to transfer primary enforcement responsibility, relating to part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82160, to local law enforcement agencies. This plan shall be submitted to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies by February 12, 1999.
GRANTS
Sec. 1201. The amount appropriated in section 113 for federal-rural community fire protection/dry hydrant demonstration projects shall be awarded as grants to local fire protection departments. To be eligible, local fire protection departments shall be located in governmental units or fire protection districts with permanent populations of less than 10,000 and contain 1,000 or more acres of publicly owned forested land. Grants shall be limited to a maximum of $5,000.00 to be used for the purchase of materials.
Sec. 1202. Of the funds appropriated in section 113 for marine safety grants, $400,000.00 is appropriated to provide additional patrol hours on Michigan lakes. The department shall report on the distribution of these additional funds to the subcommittees on natural resources of the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies by September 30, 1999.
Sec. 1203. (1) Of the funds appropriated in section 113 for community recreation infrastructure grants, $750,000.00 shall be used to provide grants and loans to local units of government to redevelop and reuse vacant manufacturing facilities or abandoned industrial sites pursuant to section 71508(1)(c) of 1994 PA 451, MCL 324.71508.
(2) The department shall give funding priority to grant and loan requests for $40,000.00 or less pursuant to this section.
WILDLIFE MANAGEMENT
Sec. 1402. The department shall prepare a report on the number and type of accidents due to the use of raised platforms during firearm deer season. The department shall provide the report to the senate and house appropriations subcommittees and the senate and house fiscal agencies by December 1, 1998.
Sec. 1403. Of the funds appropriated in section 105 for wildlife management, $85,000.00 shall be used to fund a research study at Michigan State University on the control of swimmer's itch in inland lakes. Local organizations shall contribute at least $15,000.00 to this project. A report on the progress of the project shall be presented to the house and senate appropriations committees and house and senate fiscal agencies by December 31, 1999.
Sec. 1404. As a condition of expenditure of appropriations under section 105, the department shall issue a combined hunting license for the harvest of deer during firearm, bow and arrow, and any other deer hunting season. The department shall allow the license applicant to determine the number of kill tags to be included in the license. However, the number of kill tags shall not be less than 2 or greater than a maximum number to be set by the department. The license fee shall reflect the number of kill tags included in the license. This section does not prohibit the issuance of any other deer hunting license otherwise provided for by law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.