Act No. 112
Public Acts of 1999
Approved by the Governor
July 8, 1999
Filed with the Secretary of State
July 9, 1999
EFFECTIVE DATE: July 9, 1999
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 1999
Introduced by Senators McManus, Gast, Hoffman, Gougeon, Steil and Goschka
ENROLLED SENATE BILL No. 357
AN ACT to make appropriations for the department of agriculture for the fiscal year ending September 30, 2000; 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 act, the amounts listed in this part are appropriated for the department of agriculture for the fiscal year ending September 30, 2000, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF AGRICULTURE
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 599.5
GROSS APPROPRIATION $ 91,750,000
Interdepartmental grant revenues:
IDG from MDCIS (LCC), liquor quality testing fees 155,300
IDG from MDCIS (LCC), nonretail liquor license fees 443,300
IDG from MDCH, local public health operations 7,888,300
IDG from MDEQ, sewage sludge 70,000
IDG from MDEQ, type II well survey 15,000
Total interdepartmental grants and intradepartmental transfers 8,571,900
ADJUSTED GROSS APPROPRIATION $ 83,178,100
Federal revenues:
DAG-AMS, cooperative agreement $ 1,154,300
DAG-APHIS, plant and animal disease and pest control 55,000
DAG-ERS-ARED 126,100
DAG, federal/state marketing improvement program 100,000
DAG-FS, multiple grants 1,981,200
DAG-NRCS 250,000
EPA-OECA, pesticides enforcement program grants 974,000
EPA-OW, water pollution control, lake restoration cooperative agreements 236,300
EPA-RCRA 165,000
HHS-FDA 208,000
Total federal revenues 5,249,900
Special revenue funds:
Total local revenues 0
Private - oil company overcharge settlement 741,900
Private - slow-the-spread foundation 130,000
Total private revenues 871,900
Agriculture equine industry development fund 11,500,000
Civil penalties 60,000
Commodity inspection fees 991,500
Food handler licensing fees 1,105,400
Gasoline inspection and testing fund 1,969,000
Groundwater and freshwater protection fund 4,543,200
Industry support funds 270,000
Licensing and inspection fees 2,701,700
Michigan state fair revenue 6,439,700
Pseudorabies and swine brucellosis fund 87,100
Testing fees 167,100
Upper Peninsula state fair revenue 1,014,300
Weights and measures regulation fees 323,400
Total other state restricted revenues 31,172,400
State general fund/general purpose $ 45,883,900
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 9.0
Commission and boards $ 63,300
Unclassified positions--6.0 FTE positions 477,200
Executive direction--4.0 FTE positions 417,700
Statistical reporting service--5.0 FTE positions 450,400
Project GREEEN 6,100,000
Environmental technology research grant 1,500,000
GROSS APPROPRIATION $ 9,008,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCIS (LCC), nonretail liquor license fees 8,800
Special revenue funds:
Michigan state fair revenue 75,600
Upper Peninsula state fair revenue 9,000
State general fund/general purpose $ 8,915,200
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions 58.0
Management services--58.0 FTE positions $ 4,435,200
Property management charges 1,023,300
Rent 289,700
GROSS APPROPRIATION $ 5,748,200
Special revenue funds:
Gasoline inspection and testing fund $ 51,000
Industry support funds 5,000
Licensing and inspection fees 62,100
State general fund/general purpose $ 5,630,100
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions 112.0
Food safety and quality assurance--112.0 FTE positions $ 8,984,300
Local public health operations 7,888,300
GROSS APPROPRIATION $ 16,872,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, local public health operations 7,888,300
Federal revenues:
DAG-AMS, cooperative agreement 22,500
HHS-FDA 183,600
Special revenue funds:
Civil penalties 60,000
Food handler licensing fees 1,105,400
Licensing and inspection fees 553,200
State general fund/general purpose $ 7,059,600
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions 26.0
Animal health and welfare--26.0 FTE positions $ 2,159,600
GROSS APPROPRIATION $ 2,159,600
Appropriated from:
Federal revenues:
HHS-FDA 9,000
Special revenue funds:
Licensing and inspection fees 33,400
Pseudorabies and swine brucellosis fund 87,100
State general fund/general purpose $ 2,030,100
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions 131.3
Pesticide and plant pest management--131.3 FTE positions $ 11,781,000
Disease and pest intervention fund 341,800
Michigan State University 210,000
GROSS APPROPRIATION $ 12,332,800
Appropriated from:
Federal revenues:
DAG-AMS, cooperative agreement 35,300
DAG-APHIS, plant and animal disease and pest control 34,600
DAG-FS, multiple grants 1,881,200
EPA-OECA, pesticides enforcement program grants 974,000
HHS-FDA 15,400
Special revenue funds:
Private - slow-the-spread foundation 130,000
Commodity inspection fees 991,500
Licensing and inspection fees 2,053,000
State general fund/general purpose $ 6,217,800
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions 41.0
Environmental stewardship--31.0 FTE positions $ 2,742,600
Groundwater and freshwater protection program--10.0 FTE positions 4,793,200
Energy conservation program 138,000
Forest stewardship program $ 100,000
Local soil conservation districts 1,400,000
Migrant labor housing 550,000
GROSS APPROPRIATION $ 9,723,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, sewage sludge 70,000
IDG from MDEQ, type II well survey 15,000
Federal revenues:
DAG-FS, multiple grants 100,000
DAG-NRCS 250,000
EPA-OW, water pollution control, lake restoration cooperative agreements 236,300
EPA-RCRA 165,000
Special revenue funds:
Private - oil company overcharge settlement 193,900
Groundwater and freshwater protection fund 4,543,200
Industry support funds 40,000
State general fund/general purpose $ 4,110,400
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions 127.0
Laboratory analysis program--71.5 FTE positions $ 5,498,100
Pesticide data program--11.0 FTE positions 1,096,500
Consumer protection program--44.5 FTE positions 3,304,000
GROSS APPROPRIATION $ 9,898,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCIS (LCC), liquor quality testing fees 155,300
Federal revenues:
DAG-AMS, cooperative agreement 1,096,500
DAG-APHIS, plant and animal disease and pest control 20,400
Special revenue funds:
Private - oil company overcharge settlement 548,000
Agriculture equine industry development fund 500,000
Gasoline inspection and testing fund 1,918,000
Testing fees 167,100
Weights and measures regulation fees 323,400
State general fund/general purpose $ 5,169,900
Sec. 109. MARKET DEVELOPMENT
Full-time equated classified positions 20.5
Marketing and emergency management--15.5 FTE positions $ 2,199,200
Agriculture development--5.0 FTE positions 1,007,900
USApple anti-dumping effort 20,000
Food bank 774,200
4-H Foundation of Michigan 285,000
Grown in Michigan 100,000
Michigan festivals 50,000
Northwest Michigan horticultural research station 41,800
Southwestern Michigan tourist council - taste of Michigan 60,400
Future farmers of America 60,000
GROSS APPROPRIATION $ 4,598,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCIS (LCC), nonretail liquor license fees 434,500
Federal revenues:
DAG-ERS-ARED 126,100
DAG, federal/state marketing improvement program 100,000
Special revenue funds:
Industry support funds $ 225,000
State general fund/general purpose $ 3,712,900
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions 35.0
Michigan state fair operations--22.0 FTE positions $ 6,276,600
Fairs and racing--5.0 FTE positions 507,200
Upper Peninsula state fair--8.0 FTE positions 1,181,000
Building and track improvement - county and state fairs 753,100
Draft horse shows 78,200
Premiums - county and state fairs 1,611,200
Purses and supplements - fairs/licensed tracks 2,333,600
Standardbred Fedele Fauri futurity 77,400
Standardbred Michigan futurity 77,400
Quarterhorse programs 38,100
Licensed tracks - light horse racing 73,800
Standardbred breeders' awards 1,192,300
Standardbred purses and supplements - licensed tracks 256,900
Sire stakes program 1,939,800
Standardbred training and stabling 42,100
Thoroughbred program 1,740,400
Thoroughbred owners' awards 150,000
GROSS APPROPRIATION $ 18,329,100
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund 7,921,800
Michigan state fair revenue 6,364,100
Upper Peninsula state fair revenue 1,005,300
State general fund/general purpose $ 3,037,900
Sec. 111. OFFICE OF RACING COMMISSIONER
Full-time equated classified positions 39.7
Office of racing commissioner--39.7 FTE positions $ 3,078,200
GROSS APPROPRIATION $ 3,078,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund 3,078,200
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 sources for fiscal year 1999-2000 is estimated at $77,056,300.00 in this act and state spending from state sources paid to local units of government for fiscal year 1999-2000 is estimated at $1,400,000.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF AGRICULTURE
Local soil conservation districts $ 1,400,000
TOTAL $ 1,400,000
(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 under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the house and senate appropriations committees, and the house and senate fiscal agencies.
Sec. 202. The appropriations made and the expenditures authorized under this act and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. (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 act 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 $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 act 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 act 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 $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 act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
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 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 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 fifteenth 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/or 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. 208. As used in this act:
(a) "DAG" means the United States department of agriculture.
(b) "DAG-AMS" means the United States department of agriculture - agriculture marketing service.
(c) "DAG-APHIS" means the United States department of agriculture - animal plant health inspection service.
(d) "DAG-ERS-ARED" means the United States department of agriculture - economic research service - agriculture and rural economy division.
(e) "DAG-FS" means the United States department of agriculture - forest service.
(f) "DAG-NRCS" means the United States department of agriculture - natural resources conservation service.
(g) "Department" means the department of agriculture.
(h) "Director" means the director of the department.
(i) "EPA-OECA" means the United States environmental protection agency - office of enforcement and compliance assistance.
(j) "EPA-OW" means the United States environmental protection agency - office of water.
(k) "EPA-RCRA" means the United States environmental protection agency - resource conservation and recovery act.
(l) "FTE" means full-time equated.
(m) "GREEEN" means generating research and extension to meet environmental and economic needs.
(n) "HHS-FDA" means the United States department of health and human services - food and drug administration.
(o) "IDG" means interdepartmental grant.
(p) "MDCH" means the Michigan department of community health.
(q) "MDCIS (LCC)" means the Michigan department of consumer and industry services - liquor control commission.
(r) "MDEQ" means the Michigan department of environmental quality.
Sec. 209. (1) The unexpended and unobligated balance of any state restricted fund or account remaining at the end of the fiscal year shall revert back to the state restricted fund or account from which appropriated and be available for appropriation for the next fiscal year. Appropriations that revert to a state restricted fund or account pursuant to this section shall not revert to the general fund of this state.
(2) A state restricted revenue fund or account that receives revenues in excess of expenditures made from that state restricted revenue fund or account shall not have the excess revenue revert to the general fund of this state.
(3) The revenues collected in the agriculture equine industry development fund in fiscal year 1998-99 shall not lapse but shall be carried forward to fund appropriations made pursuant to this act and subsequent acts.
Sec. 210. (1) Of the funds appropriated in part 1, the department may provide for indemnity as provided for pursuant to the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747, not to exceed $10,000.00 per order from any line item for the fiscal year ending September 30, 2000. Before the department provides for an indemnification under this section, the department shall report the reason for the indemnification, the amount of the indemnification, and to whom the indemnification is to be paid. The report shall be given to each member of the house and senate appropriations subcommittees on agriculture and to the senate and house fiscal agencies.
(2) The department of agriculture shall make an indemnification payment for the fair market value of livestock that is killed by a wolf, if the kill is verified by the department of natural resources. The fair market value of the livestock shall be determined pursuant to the indemnification procedures prescribed in the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747. In addition to the funds appropriated in part 1, the department of agriculture is authorized to expend the funds received from the department of natural resources to reimburse the department of agriculture for all indemnification payments made pursuant to this subsection.
Sec. 211. When the department applies to the department of management and budget with a request for a transfer of appropriations or for a supplemental appropriation, the department shall provide the senate and house fiscal agencies with the same information that the department provides the department of management and budget relative to the request for transfer or supplemental.
Sec. 212. Money appropriated in part 1 shall not be used for the purchase of foreign goods or services when competitively priced and of comparable quality American goods or services are available.
Sec. 213. (1) 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 for the department.
(2) The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies or both.
Sec. 215. Of the funds appropriated in part 1 that are other than line-item grants, the department shall not provide grants to local government agencies, institutions of higher education, or nonprofit organizations unless the department provides notice of the grant to the house and senate appropriations subcommittees on agriculture at least 10 days before the grant is issued. The grants shall be used to support research or other related activities for the purpose of enhancing the agricultural industries in this state.
Sec. 216. The legislature will not fund nonfair or nonhorse racing grants or projects from revenues from simulcasting in fiscal year 2000-2001.
Sec. 219. 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. By December 1, 1999, the department shall provide the house and senate appropriations subcommittees on agriculture and the house and senate fiscal agencies a report that outlines programs funded under this act. The report shall provide explanation of the activities and personnel funded with each line item, consistent with the format of this act.
Sec. 222. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 223. The department shall implement a pilot program that places reports required by this act on the Internet, with electronic notification to legislative offices of Internet access to the reports. During fiscal year 2000, the department shall continue to distribute all of these reports to the legislature in the current printed format.
Sec. 224. The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report shall be due March1, 2000, and biennially thereafter beginning on May 1 and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.
Sec. 226. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate 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) Beginning with the report on April 1, 2000, the department shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) 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 and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the department shall identify the funding sources that should support the work performed and the department of management and budget shall forward the appropriated funding.
EXECUTIVE
Sec. 301. The appropriations in section 102 may be used for per diem payments to members of boards, committees, and commissions for a full day's board, committee, or commission work at which a quorum is present; for attending a hearing as authorized by the respective board, committee, or commission; or for performing official business as authorized by the respective board, committee, or commission. The per diem payments shall be at a rate as follows:
(a) Commission of agriculture $ 75.00 per day
(b) Upper Peninsula state fair board $ 50.00 per day
(c) Agricultural marketing and bargaining board $ 35.00 per day
(d) Michigan state fair council $ 50.00 per day
(e) Grape and wine industry council $ 50.00 per day
Sec. 302. The department may receive and expend revenue and use that revenue to cover necessary expenses related to publications, audit and licensing functions, livestock sales, certification of nursery stock, bean inspection services, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Upper Peninsula state fair livestock sales.
(d) Pesticide and plant pest management propagation and certification of virus free foundation stock.
(e) Pesticide and plant pest management bean inspection and grading services.
(f) Laboratory support testing for testing horses in draft horse pulling contests at county fairs when local jurisdictions request state assistance.
(g) Laboratory support analyses to determine foreign substances in horses engaged in racing or pulling contests at tracks.
(h) Laboratory support analysis of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards.
(i) Laboratory support test samples for other agencies and organizations.
(j) Fruit and vegetable inspection at shipping and termination points and processing plants.
Sec. 303. Of the funds appropriated in section 102 for statistical reporting service, $120,000.00 shall be used for ongoing rotational crop surveys of fruit, vegetables, and nursery stock, including Christmas trees and ornamental plants. The survey shall begin with fruit in the first year, vegetables in the second year, and nursery stock in the third year. The rotational cycle of the survey shall continue in the fourth and subsequent years. The survey shall include existing plantings/acreage, new plantings/acreage, production, and number of growers.
Sec. 304. (1) The appropriation in section 102 for an environmental technology research grant is allocated to the Michigan biotechnology institute, pending receipt of matching federal funds, for the development and implementation of innovative technologies to be used for environmentally safe products, biodegradable chemicals, environmental cleanup, and waste stream minimization projects in Michigan.
(2) Not later than February 15, 2000, the grantee under subsection (1) shall submit to the department and the house and senate appropriations subcommittees on agriculture a report for the immediately preceding calendar year regarding projects funded from state and federal sources. The report shall include, but is not limited to, a description of each project, the amount of state and federal funding of each project, and the major accomplishments of each project. The grantee under subsection (1) shall also submit a copy of its most recent single audit report, as required by chapter 75 of title 31 of the United States Code, 31 U.S.C. 7501 to 7507.
Sec. 305. (1) From the appropriation in section 102 for project GREEEN, $6,100,000.00 is allocated for a grant to an institution of higher education for the purpose of research and/or extension programs designed to address critical regulatory, food safety, economic, and environmental problems faced by Michigan's plant-based agriculture, forestry, and processing industries.
(2) A consortium of interested parties consisting of, but not limited to, representatives from the department, institutions of higher education, and agricultural commodity groups shall develop the research and/or extension program priorities described in subsection (1).
(3) Any unexpended balance of the appropriation for project GREEEN in part 1 is considered a work project appropriation. Project GREEEN projects will be accomplished by the use of contractual services with an estimated completion date of September 30, 2003.
(4) Not later than November 1, 2000, the grantee under subsection (1) shall submit to the house and senate appropriations subcommittees on agriculture and to the house and senate fiscal agencies a report for the immediately preceding fiscal year regarding project GREEEN projects. The report shall include, but is not limited to, the dollar amount of each project and a review of each project's performance and accomplishments.
(5) Indirect costs shall not be charged by an administering agency against a grant funded under the allocation in subsection (1).
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 state licensing standards. On or before September 30, 2000, the department shall report to the senate and house appropriations subcommittees on agriculture, the senate and house fiscal agencies, and the state budget director on local health department conformance with state restaurant licensing standards.
ANIMAL INDUSTRY
Sec. 450. From the funds appropriated in part 1, the department of agriculture shall reimburse the department of natural resources for those costs associated with monitoring and testing wildlife for bovine tuberculosis that are necessary to support the department of agriculture goals and are jointly agreed to by the department of agriculture and the department of natural resources to be in excess of efforts necessary to effectively plan and execute the eradication of bovine tuberculosis from Michigan's wild free-ranging deer herd.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 501. Of the funds appropriated in section 106 to the pesticide and plant pest management division, up to $100,000.00 may be made available to the Michigan cooperative extension service for the purpose of training of applicators. Reimbursement shall be based on actual expenditures and revenue availability.
Sec. 502. From the appropriation in section 106 for the disease and pest intervention fund program, the department shall utilize these funds as needed to respond to exotic or regulatory pests or diseases.
Sec. 503. The department is authorized to enter into a cooperative agreement with a nonprofit foundation or agency associated with the gypsy moth slow-the-spread program in order to receive funds for managing plant pests.
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The funds appropriated in section 107 for the energy conservation program shall be distributed on a competitive basis that will be based on statewide energy conservation criteria.
Sec. 602. The amount appropriated in section 107 for grants to local soil conservation districts shall be used for providing financial assistance to all soil conservation districts in order to permit the districts to engage in programs that conserve soil resources and prevent and control soil erosion. All grants to local soil conservation districts shall be allocated according to a formula approved by the commission of agriculture.
Sec. 603. (1) The department may expend the amount appropriated in section 107 for migrant labor housing grants for construction of new migrant labor housing. Project grants shall not exceed $2,000.00 per unit. An applicant is not eligible for more than a $10,000.00 grant in any fiscal year. Units shall be equivalent in construction to units approved by the DAG-rural development agency for low interest construction loans and shall be not less than 484 square feet in size and be self-contained with a minimum of 1 bedroom, a kitchen, a flush toilet, a lavatory, and bathing facilities.
(2) Any unexpended migrant labor housing funds from the prior year shall be available for grants in the subsequent fiscal year.
Sec. 604. (1) From the amounts appropriated in section 107 for migrant labor housing, no less than $100,000.00 shall be allocated to a private, nonprofit entity for the purpose of providing matching grants for the improvement or new construction of migrant labor housing. The terms or requirements imposed on a recipient of a grant awarded for migrant labor housing improvement or new construction by a private, nonprofit entity shall be no less stringent than those imposed by the department on recipients of similar grants awarded by the department. An entity receiving funds under this section shall use no greater than 7% of the state allocation for the administration of this program.
(2) A private nonprofit entity that receives an allocation to administer a migrant labor housing construction grant program shall give priority to grant applicants who are on the department's waiting list of applicants for migrant labor housing construction grants. The applicants for migrant labor construction grants administered by a nonprofit entity who are on the department's waiting list shall be served in the order in which they reside on the department's waiting list.
Sec. 605. From the section 107 appropriation for local soil conservation districts, $300,000.00 shall be allocated for district forestry programs to assist private forest land development. Allocations to districts will be made in accordance with a plan developed by the department of agriculture in cooperation with the forest management division of the department of natural resources.
Sec. 606. The department shall apply for all federal funds for which it is eligible that can be used to support the migrant labor housing program.
MARKET DEVELOPMENT
Sec. 701. Within the appropriations in section 109 for market development, $434,500.00 is for the grape and wine industry council, from which the department may provide grants for the purposes as described in section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303.
Sec. 702. In any given year when insufficient amounts of Michigan surplus products are offered to the food bank council and accepted for distribution, unused funds may be applied by the food bank council for the direct purchase of foods from Michigan growers, manufacturers, or wholesalers.
Sec. 703. (1) The $100,000.00 appropriated in section 109 for the grown in Michigan program is to provide competitive grants to Michigan nonprofit organizations to raise in-state consumer awareness of Michigan grown commodities.
(2) The grants are to be made by the Michigan commission of agriculture on a competitive basis considering the following order of priority:
(a) Cooperative efforts by recognized, statewide, grower funded organizations.
(b) The number of consumers made aware of the benefits of Michigan grown commodities.
(c) The number of Michigan grown products encompassed in the proposal.
(d) The amount of the match.
(3) A grant made under this section shall not be less than $5,000.00 or more than $25,000.00.
(4) Each grant shall be matched equally with grantees' funds. In-kind contributions shall not be considered as matching funds.
(5) The Michigan commission of agriculture shall report to the house and senate appropriations subcommittees on agriculture and senate and house fiscal agencies 10 days prior to making a grant under this section.
Sec. 704. Indirect costs may not be charged against the future farmers of America grant in section 109 by any administering agency.
Sec. 705. The amount appropriated in section 109 for Michigan festivals shall be allocated to the Michigan festivals and events association for the purpose of promoting commodity related festivals on a statewide basis. The allocation to the Michigan festivals and events association is contingent upon the association providing at least a 100% cash or in-kind match.
Sec. 706. Of the funds appropriated in section 109 for agriculture development, $100,000.00 shall be used to coordinate state participation in the federal market access program and to leverage federal funds for the purpose of developing new and enhancing existing export markets for Michigan agricultural products.
FAIRS AND EXPOSITIONS
Sec. 802. The department shall submit a report each month for the fiscal year ending September 30, 2000 to the state budget director, the senate and house standing committees on appropriations, and the senate and house fiscal agencies that sets forth the simulcasting revenues generated in the preceding month by each licensed track and the amount received from license fees.
Sec. 803. (1) The appropriation of $256,900.00 in section 110 for standardbred purses and supplements - licensed tracks is intended to provide state purse supplements for 4 races at state licensed pari-mutuel horse racing tracks. The purse supplements are to be used for races comprised only of Michigan-bred horses segregated into a 4-year-old colt trot division, a 4-year-old filly trot division, a 4-year-old colt pace division, and a 4-year-old filly pace division.
(2) The appropriation in section 110 for licensed tracks - light horse racing shall be allocated as follows:
Arabian and Appaloosa horse racing $ 18,500
Quarter horse racing $ 55,300
Sec. 804. Included in the appropriation made in section 110 for the thoroughbred program is $30,500.00 for the Michigan united thoroughbred breeders and owners association to conduct a thoroughbred yearling show. The Michigan united thoroughbred breeders and owners association shall submit to the department an itemized list of expenses showing that the expenses of the yearling show were paid.
Sec. 805. From the funds appropriated in section 110 for thoroughbred owners' awards, the department shall develop a program to provide for thoroughbred owners' awards that will be given to owners of Michigan-bred horses finishing first in nonrestricted races at licensed pari-mutuel tracks in Michigan.
Sec. 806. The $78,200.00 appropriated in section 110 for draft horse shows shall be allocated in equal amounts to the Can-Am draft horse show held at the Michigan state fairgrounds and the Great Lakes draft horse show held at Michigan State University.
Sec. 807. The department shall notify the senate and house appropriations subcommittees on agriculture and the senate and house fiscal agencies of any planned reductions in appropriations, allocations, or expenditures from the agriculture equine industry development fund no less than 10 days before such reductions are implemented.
Sec. 808. A county fair, district fair, 4-H fair, or state fair receiving funds in section 110 to be used for prizes or awards, in whole or in part, as a condition precedent to the receiving of the funds for those purposes, shall publish the rules relative to the prizes, awards, and deadlines for entries eligible for the funds in their official premium books or lists relative to the prizes or awards. An aggrieved exhibitor may make a written complaint to the fair within 10 days after the fair ends. If the fair has not satisfactorily settled the grievance within 45 days after it is submitted to the fair, the aggrieved person may file the complaint with the department and the department shall investigate the complaint and make a finding of fact regarding the complaint and take appropriate action regarding the complaint.
Sec. 809. Of the amount appropriated in section 110 for purses and supplements - fairs/licensed tracks, a sufficient amount is appropriated to provide for overnight purse supplements pursuant to the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
Sec. 810. Of the amount appropriated in section 110 for premiums, $11,400.00 shall be expended as a grant for the Michigan horse show association - fall youth show at the Michigan exposition and fairgrounds.
Sec. 811. From the appropriations for premiums - county and state fairs in section 110, $120,000.00 shall be awarded through a competitive grant program to local, regional, or state fairs or expositions to promote youth involvement and adult exhibitions in the animal agriculture industry. Appropriate exhibition classes for youth shall be developed that encourage a production exhibit for which premium awards may be paid. The age for youth exhibitors shall be determined by the standards of the association requesting the grant or, if standards do not exist, the age for youth exhibitors shall be ages 9 through 21. Implementation of the latest technologies into the evaluation of the animals shall be encouraged in the production exhibit. Adult exhibitions should focus on the performance or end product, or both, with the appropriate technologies used to enhance placings and the awarding of premiums.
OFFICE OF RACING COMMISSIONER
Sec. 901. It is the intent of the legislature that the office of racing commissioner work cooperatively with the Great Lakes Downs Race Course in Muskegon to facilitate the operation of the track.
Sec. 902. The office of racing commissioner, in cooperation with representatives of the horse racing industry, shall develop a long range plan for assuring the viability of the horse racing industry in this state. The plan shall include, but is not limited to, recommended statute changes that would be required to implement the plan and revenue diversification options. The office of racing commissioner shall submit the plan to the senate and house appropriations subcommittees on agriculture and the senate and house fiscal agencies by September 30, 2000.
Sec. 903. The racing commissioner may pay rewards of not more than $5,800.00 to a person who provides information that results in the arrest and conviction on a felony or misdemeanor charge for a crime that involves the horse racing industry. A reward paid pursuant to this section shall be paid out of the office of racing commissioner line item.
This act is ordered to take immediate effect.
Secretary of the Senate.
Clerk of the House of Representatives.
Approved
Governor.