HOUSE BILL No. 5281

February 3, 2000, Introduced by Reps. Byl, Pappageorge, Cameron Brown, Mortimer, Geiger, Mead, Kukuk, Jellema, Pumford, LaSata, Jelinek, Caul, Scranton, Godchaux, Jansen and Stamas and referred to the Committee on Appropriations.

EXECUTIVE BUDGET BILL







A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2001; 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 bill, the amounts listed in this part are appropriated for the department of natural resources for the fiscal year ending September 30, 2001, 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 2,237.5

GROSS APPROPRIATION $ 254,238,400

Interdepartmental grant revenues:

Total interdepartmental grants and

intradepartmental transfers 3,679,400

ADJUSTED GROSS APPROPRIATION $ 250,559,000

Federal revenues:

Total federal revenues 24,649,100

Special revenue funds:

Total local revenues 0 Total private revenues 1,728,900 Total other state restricted revenues 168,457,100 State general fund/general purpose $ 55,723,900 Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 21.0

Commission (including travel expense - per diem) $ 75,600

Unclassified salaries 461,900

Executive direction--10.0 FTE positions 1,738,800

Office of information and education--11.0 FTE

positions 2,830,600

GROSS APPROPRIATION $ 5,106,900 Appropriated from:

Interdepartmental grant revenues:

IDG-MacMullan conference center revenue 19,800

Special revenue funds:

Aircraft fees 500

Air photo fees 7,400

Automated license system revenue 3,000

Delinquent property tax administration fund 7,300

Farmland and open space withdrawal fees 6,300

Forest resource revenue 266,900

Game and fish protection fund 2,064,200

Land exchange facilitation fund 32,200

Land sale revenue 45,400

Marine safety fund 39,200

Michigan geographic information system revenue 2,900

Michigan natural resources trust fund 900

Michigan state parks endowment fund 26,400

Michigan state waterways fund 303,500

Nongame wildlife fund 4,800

Off-road vehicle trail improvement fund 7,800

Park improvement fund 1,001,300 Publication revenue 500

Recreation improvement fund 4,200

Snowmobile registration fee revenue 4,100

Snowmobile trail improvement fund 30,400

State general fund/general purpose $ 1,227,900

Sec. 103. ADMINISTRATIVE SUPPORT

Full-time equated classified positions 235.7

Finance and operations services--143.7 FTE

positions $ 11,852,200 Internal audit--12.0 FTE positions 775,400 Office of information systems and technology--55.0

FTE positions 10,183,200

Human resources--17.0 FTE positions 1,510,800

Equal opportunity and legal services--8.0 FTE

positions 895,100

GROSS APPROPRIATION $ 25,216,700 Appropriated from:

Interdepartmental grant revenues:

IDT-interdivisional charges 381,400

IDG-MacMullan conference center revenue 13,400

IDG-engineering services to work orders 943,400

Federal revenues:

DOI-federal 116,300

Special revenue funds:

Aircraft fees 109,100

Automated license system revenue 418,900

Clean Michigan initiative fund 268,000

Delinquent property tax administration fund 47,300

Farmland and open space withdrawal fees 32,900

Forest resource revenue 1,117,500

Game and fish protection fund 8,505,300

Land exchange facilitation fund 73,100

Land sale revenue 105,800

Marine safety fund 234,700

Michigan civilian conservation corps endowment

fund 6,100

Michigan natural resources trust fund 744,100

Michigan state parks endowment fund 85,900

Michigan state waterways fund 1,418,700

Nongame wildlife fund 13,800

Off-road vehicle trail improvement fund 50,200

Park improvement fund 2,767,900

Publication revenue 107,200

Recreation improvement fund 24,700

Snowmobile registration fee revenue 63,400

Snowmobile trail improvement fund 75,900

Other restricted revenues 1,300

State general fund/general purpose $ 7,490,400

Sec. 104. DEPARTMENTAL OPERATION SUPPORT

Rent and building occupancy charges $ 2,594,000

Gifts and bequests 500,000

GROSS APPROPRIATION $ 3,094,000 Appropriated from:

Special revenue funds:

Private-gift revenues 500,000

Forest resource revenue 160,600

Game and fish protection fund 629,800

Land sale revenue 48,800

Marine safety fund 43,400

Michigan state waterways fund 211,800

Michigan natural resources trust fund 12,000

Snowmobile trail improvement fund 19,700

Park improvement fund 71,900

State general fund/general purpose $ 1,396,000

Sec. 105. WILDLIFE MANAGEMENT

Full-time equated classified positions 186.0

Wildlife management--177.0 FTE positions $ 17,191,900 Natural resources heritage--9.0 FTE positions 1,530,100 State game and wildlife area maintenance 750,000 Federal lands biological inventory 50,000 GROSS APPROPRIATION $ 19,522,000 Appropriated from:

Federal revenues:

DOD-federal 50,000

DOI-federal 7,019,300

EPA-federal 52,800

Special revenue funds:

Private funds 108,400

Game and fish protection fund 8,703,100

Game and fish protection fund -- deer habitat

reserve 1,538,000

Game and fish protection fund -- turkey permit

fees 992,500

Game and fish protection fund -- waterfowl

fees 119,000

Nongame wildlife fund 550,900

State general fund/general purpose $ 388,000

Sec. 106. FISHERIES MANAGEMENT

Full-time equated classified positions 229.0

Commercial fisheries--2.8 FTE positions $ 208,000

Recreational fisheries--15.0 FTE positions 1,794,900

Fish production--61.2 FTE positions 7,186,900

Fisheries resource management--150.0 FTE positions 13,291,700 Treaty waters management fund work project 138,200 Stream habitat improvement 1,214,600 GROSS APPROPRIATION $ 23,834,300 Appropriated from:

Federal revenues:

DOE-federal 1,000

DOC-federal 45,300

DOI-federal 6,300,800

EPA-federal 140,100

IGLFC-federal 21,700

Special revenue funds:

Commercial fishing fee revenue 200

Game and fish protection fund 17,187,000

State general fund/general purpose $ 138,200

Sec. 107. PARKS AND RECREATION

Full-time equated classified positions 821.3

State parks--609.2 FTE positions $ 37,076,400 MacMullan conference center--7.0 FTE positions 1,355,900 Recreational boating--202.1 FTE positions 11,532,900 Michigan civilian conservation corps--3.0 FTE

positions 4,500,200

GROSS APPROPRIATION $ 54,465,400 Appropriated from:

Interdepartmental grant revenues:

IDG-MacMullan conference center revenue 1,355,900

Federal revenues:

EPA-federal 101,900

Special revenue funds:

Private funds 274,200

Harbor development fund 236,700

Michigan civilian conservation corps endowment

fund 2,282,300

Michigan state parks endowment fund 4,656,100

Michigan state waterways fund 11,296,200

Park improvement fund 23,324,200 State general fund/general purpose $ 10,937,900 Sec. 108. MACKINAC ISLAND STATE PARK

Full-time equated classified positions 48.0

Mackinac Island park operation--23.0 FTE

positions $ 1,623,700 Historical facilities system--25.0 FTE

positions 1,781,100

GROSS APPROPRIATION $ 3,404,800

Appropriated from:

Special revenue funds:

Airport and park operation fees 44,100

Mackinac Island state park fund 1,390,100

State general fund/general purpose $ 1,970,600

Sec. 109. FOREST RESOURCE MANAGEMENT

Full-time equated classified positions 339.0

Forest resource management--164.5 FTE

positions $ 19,981,100

Forest fire protection--141.5 FTE positions 10,497,400 Forest management initiative 1,100,000

Recreation and trails--33.0 FTE positions 4,611,400

Forest fire equipment 1,700,000

Cooperative resource programs 1,790,000

GROSS APPROPRIATION $ 39,679,900 Appropriated from:

Federal revenues:

DAG-federal 1,518,700 EPA-federal 1,000

Special revenue funds:

Private funds 796,300

Aircraft fees 104,000

Forest camping fee revenue 1,252,000 Forest resource revenue 20,200,100 Game and fish protection fund 2,044,700 Marine safety fund 133,000 Michigan state waterways fund 363,700 Off-road vehicle trail improvement fund 359,900 Recreation improvement fund 278,100 Shop fees 54,900 Snowmobile trail improvement fund 1,686,900 State general fund/general purpose $ 10,886,600 Sec. 110. LAND AND MINERAL SERVICES

Full-time equated classified positions 76.0

Land records and tax reversion--15.3 FTE

positions $ 4,071,000 Minerals management--15.3 FTE positions 1,435,000 Land acquisition and exchange--16.2 FTE

positions 6,959,100

Resource mapping and aerial photography-22.2 FTE

positions 3,200,900

Farmland and open space preservation--7.0 FTE

positions 592,400

Abandoned mineshaft closures 350,000

GROSS APPROPRIATION $ 16,608,400 Appropriated from:

Interdepartmental grant revenues:

IDG-land acquisition services to work orders 835,600

IDG-engineering services to work orders 129,900

Special revenue funds:

Air photo fees 1,579,100

Delinquent property tax administration fund 714,300

Farmland and open space withdrawal fees 592,400

Forest resource revenue 380,200

Game and fish protection fund 555,400

Land exchange facilitation fund 5,353,200

Land sale revenue 2,589,300

Michigan geographic information system revenue 173,200

Michigan natural resources trust fund 1,750,700

Michigan state parks endowment fund 347,400 Michigan state waterways fund 102,000

Park improvement fund 168,900

State general fund/general purpose $ 1,336,800

Sec. 111. LAW ENFORCEMENT

Full-time equated classified positions 281.5

General law enforcement--281.5 FTE positions $ 28,231,800

GROSS APPROPRIATION $ 28,231,800 Appropriated from:

Federal revenues:

DOI-federal 802,600

DOT-federal 1,926,600

Special revenue funds:

Game and fish protection fund 17,698,100

Game and fish - wildlife resource protection

fund 1,058,600

Marine safety fund 1,274,200

Off-road vehicle trail improvement fund 726,400

Snowmobile registration fee revenue 352,900

State general fund/general purpose $ 4,392,400

Sec. 112. PAYMENTS IN LIEU OF TAXES

Swamp and tax reverted lands $ 7,071,500

Purchased lands/open space payments 8,383,500

Commercial forest reserve 2,691,700

GROSS APPROPRIATION $ 18,146,700

Appropriated from:

Special revenue funds:

Game and fish protection fund 1,807,300 Michigan state waterways fund 190,300 Michigan natural resources trust fund 590,000 State general fund/general purpose $ 15,559,100 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 - clean vessel act grants 175,000

Federal - rural community fire protection 100,000

Grants to communities-federal oil, gas, and

timber payments 3,450,000

Recreation improvement fund grants 1,100,000

Snowmobile local grants program 2,880,000

Snowmobile law enforcement grants 1,142,000

Off-road vehicle trail improvement grants 1,374,500

National recreational trails 1,850,000

Game and nongame wildlife fund grants 400,000

Inland fisheries resources grants 200,000

GROSS APPROPRIATION $ 16,927,500 Appropriated from:

Federal revenues:

DAG-federal 1,125,000

DOI-federal 176,000

DOI-oil and gas royalty revenue 150,000

DOI-MMS, federal timber revenue 3,300,000

DOT-federal 1,800,000

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 1,374,500

Recreation improvement fund 1,100,000 Snowmobile registration fee revenue 1,142,000 Snowmobile trail improvement fund 2,880,000 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 under part 1 for fiscal year 2000-2001 is $224,181,000.00 and state appropriations to be paid to local units of government are as follows:

DEPARTMENT OF NATURAL RESOURCES

Swamp and tax reverted lands $ 7,071,500

Purchased lands/open space payments 8,383,500

Commercial forest reserve 2,691,700

Cooperative resource programs 1,350,000

Grants to counties - marine safety 3,230,000

Snowmobile law enforcement 1,142,000

TOTAL $ 23,868,700

(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended for any quarter under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.

Sec. 202. The expenditures and funding sources 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) "Commission" means the Michigan commission of natural resources.

(b) "DAG" means the United States department of Agriculture.

(c) "Department" means the Michigan 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) "DOI-MMS" means DOI minerals management service.

(i) "DOT" means the United States department of transportation.

(j) "EPA" means the United States environmental protection agency.

(k) "FTE" means full-time equated.

(l) "IDG" means the interdepartmental grant.

(m) "IDT" means the intradepartmental transfer.

(n) "IGLFC" means international Great Lakes fish commission.

Sec. 204. (1) Beginning October 1, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from one 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 state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the 30TH of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the reasons to justify the exception.

Sec. 205. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.

Sec. 206. (1) In addition to the funds appropriated in

part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to 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 $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to 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 pursuant to 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 $250,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393 (2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 207. 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 an annual report on restricted fund balance, projected revenues, and expenditures.

Sec. 208. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements in this bill. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or on the Intranet. The appropriations subcommittee shall be notified in writing of the Internet/Intranet site of any such report.

Sec. 209. Sixty days before beginning any effort to privatize,

the department shall submit a complete project plan to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house 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 subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies within 30 months.

EXECUTIVE

Sec. 301. The appropriations in part 1 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 payment for members of the commission of natural resources shall be $75.00.

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, 2000:

Projected balance from previous year $ 3,100,000

General purpose licenses 41,500,000

Game and fish protection trust fund interest and

earnings 4,000,000

Federal indirect revenue 1,400,000

Miscellaneous revenues 950,000

Total general purpose game and fish protection

fund $ 50,950,000

Sec. 402. Of the state general fund/general purpose resources appropriated in part 1 to administrative services, $2,210,000.00 is for the game and fish protection fund to provide senior citizen license fee reimbursement under section 43546 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43546.

WILDLIFE MANAGEMENT

Sec. 501. Of the funds appropriated in part 1, the department shall reimburse the department of agriculture for costs incurred for indemnification payments for livestock losses caused by wolves under the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.

FISHERIES MANAGEMENT

Sec. 601. 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 part 1.

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, 2001, for engineering services provided, a standard percentage fee to recover actual costs, and may use the revenue derived to support the engineering services charges provided for in part 1.

Sec. 702. 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, 2001.

FOREST RESOURCES MANAGEMENT

Sec. 801. 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. 802. Of the funds appropriated in part 1, the department shall not allow the amount of timber marked for harvest to decrease below 855,000 cords or 60,000 treated acres provided that the department takes into consideration the impact of timber harvesting on wildlife habitat and recreation uses.

Sec. 803. The appropriation in part 1 for abandoned mine shaft closures shall be used to restrict access to or cap abandoned mine shafts in order of priority as determined by the department.

Sec. 804. 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 firefighters for the 6-month period in which the risk of forest fires is the highest.

LAND AND MINERAL SERVICES

Sec. 901. The department may charge land acquisition project appropriated for the fiscal year ending September 30, 2001, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1.

Sec. 902. 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.

GRANTS

Sec. 1001. The amount appropriated in part 1 for federal-rural community fire protection 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 with 1,000 or more acres of publicly owned forested land.





































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