SENATE BILL No. 246







February 21, 2001, Introduced by Senators MC MANUS, GAST, HOFFMAN, SMITH

and JOHNSON 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, 2002; 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, 2002, 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 2,221.5

GROSS APPROPRIATION $ 254,849,200

Interdepartmental grant revenues:

Total interdepartmental grants and

intradepartmental transfers 3,416,900

ADJUSTED GROSS APPROPRIATION $ 251,432,300

Federal revenues:

Total federal revenues 27,072,900

Special revenue funds:

Total local revenues 0 Total private revenues 1,748,800 Total other state restricted revenues 166,390,200 State general fund/general purpose $ 56,220,400

FUND SOURCE SUMMARY:

GROSS APPROPRIATION:

Interdepartmental grant revenues:

IDG, engineering services to work orders 1,101,000

IDG, MacMullan conference center revenue 1,290,400

IDG, land acquisition services to work order 840,400

IDT, interdivisional charges 185,100

Total interdepartmental grants and

interdepartmental transfers 3,416,900

ADJUSTED GROSS APPROPRIATION $ 251,432,300

Federal revenues:

DAG, federal 2,669,000

DOC, federal 45,900

DOD, federal 1,000

DOE, federal 1,000

DOI, federal 16,861,500

DOI-MMS, federal oil and gas royalty revenue 150,000

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

DOT, federal 3,773,000

EPA, federal 249,500

IGLFC, federal revenues 22,000

Total federal revenues 27,072,900

Special revenue funds:

Private funds 1,248,800

Private - gift revenues 500,000

Total private revenues 1,748,800

Aircraft fees 217,900

Air photo fees 110,500

Airport and park operation fees 44,500

Automated license system revenue 426,900

Clean Michigan initiative fund 274,800

Commercial fishing fee revenue 200

Delinquent property tax administration fund 662,300

Forest camping fee revenue 1,231,500

Forest resource revenue 22,707,800

Game and fish protection fund 56,389,000

Game and fish protection fund - deer habitat

reserve 1,995,400

Game and fish protection fund - turkey permit

fees 1,739,900

Game and fish protection fund - waterfowl fees 103,000

Game and fish protection - wildlife resource

protection fund 1,334,200

Harbor development 241,800

Land exchange facilitation fund 5,474,000

Land sale revenue 2,626,900

Mackinac Island state park fund 1,416,000

Marine safety fund 4,995,300

Michigan civilian conservation corps endowment

fund 1,297,300

Michigan geographic information system revenue 21,600

Michigan natural resources trust fund 3,347,900

Michigan state parks endowment fund 5,022,400

Michigan state waterways fund 14,345,100

Nongame wildlife fund 881,000

Off-road vehicle trail improvement fund 2,720,500

Park improvement fund 28,905,100

Publications revenue 59,100

Recreation improvement fund 1,447,000

Shop fees 55,700

Snowmobile registration fee revenue 1,572,600

Snowmobile trail improvement 4,719,800

Other restricted revenue 3,200

Total other state restricted revenues 168,139,000

State general fund/general purpose $ 56,220,400

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 10.0

Commission (including travel expense - per diem) $ 75,000

Unclassified salaries--6.0 FTE positions 470,000

Executive direction--10.0 FTE positions 1,771,500

GROSS APPROPRIATION $ 2,316,500 Appropriated from:

Interdepartmental grant revenues:

IDG, MacMullan conference center revenue 14,800

Special revenue funds:

Delinquent property tax administration fund 3,800

Forest resource revenue 226,200

Game and fish protection fund 646,900

Land exchange facilitation fund 6,400

Land sale revenue 32,500

Marine safety fund 22,300

Michigan geographic information system revenue 1,000

Michigan natural resources trust fund 900

Michigan state waterways fund 234,900

Nongame wildlife fund 900

Off-road vehicle trail improvement fund 2,700

Park improvement fund 415,800 Recreation improvement fund 700

Snowmobile registration fee revenue 2,700

Snowmobile trail improvement fund 3,900

State general fund/general purpose $ 700,100

Sec. 103. ADMINISTRATIVE SERVICES

Full-time equated classified positions 249.7

Finance and operations services--146.7 FTE

positions $ 11,360,700 Internal audit--12.0 FTE positions 795,400 Office of information services--69.0 FTE

positions 13,351,000

Human resources--22.0 FTE positions 2,174,400

GROSS APPROPRIATION $ 27,681,500 Appropriated from:

Interdepartmental grant revenues:

IDT, interdivisional charges 185,100

IDG, engineering services to work orders 967,200

IDG, MacMullan conference center revenue 19,200

Federal revenues:

DOI, federal 119,300

Special revenue funds:

Aircraft fees 112,400

Air photo fees 7,500

Automated license system revenue 426,900

Clean Michigan initiative fund 274,800

Delinquent property tax administration fund 51,600

Forest resource revenue 1,197,700

Game and fish protection fund 9,188,400

Land exchange facilitation fund 100,500

Land sale revenue 121,900

Marine safety fund 394,500

Michigan civilian conservation corps endowment

fund 6,300

Michigan natural resources trust fund 787,500

Michigan state parks endowment fund 114,100

Michigan state waterways fund 1,530,800

Nongame wildlife fund 17,900

Off-road vehicle trail improvement fund 55,500

Park improvement fund 3,489,800

Publications revenue 59,100

Recreation improvement fund 28,600

Snowmobile registration fee revenue 66,500

Snowmobile trail improvement fund 104,400

Other restricted revenues 3,200

State general fund/general purpose $ 8,250,800

Sec. 104. DEPARTMENTAL OPERATION SUPPORT

Building occupancy charges $ 2,129,000

Rent-privately owned property 419,100

Gifts and bequests 500,000

GROSS APPROPRIATION $ 3,048,100 Appropriated from:

Special revenue funds:

Private-gift revenues 500,000

Forest resource revenue 139,200

Game and fish protection fund 611,000

Land sale revenue 50,300

Marine safety fund 43,700

Michigan state waterways fund 200,600

Michigan natural resources trust fund 12,400

Park improvement fund 57,100 Snowmobile trail improvement fund 20,300

State general fund/general purpose $ 1,413,500

Sec. 105. WILDLIFE MANAGEMENT

Full-time equated classified positions 186.0

Wildlife management--177.0 FTE positions $ 18,083,900

Natural resources heritage--9.0 FTE positions 1,500,000

State game and wildlife area maintenance 200,000

GROSS APPROPRIATION $ 19,783,900 Appropriated from:

Federal revenues:

DOD, federal 1,000

DOI, federal 6,647,400

EPA, federal 1,000

Special revenue funds:

Private funds 108,400

Game and fish protection fund 8,231,900

Game and fish protection fund -- deer habitat

reserve 1,995,400

Game and fish protection fund -- turkey permit

fees 1,739,900

Game and fish protection fund -- waterfowl

fees 103,000

Nongame wildlife fund 562,200

State general fund/general purpose $ 393,700

Sec. 106. FISHERIES MANAGEMENT

Full-time equated classified positions 229.0

Fisheries administration--12.5 FTE positions $ 1,271,000

Commercial fisheries--2.7 FTE positions 200,700

Recreational fisheries--14.0 FTE positions 1,728,200

Fish production--57.4 FTE positions 6,874,400

Fisheries resource management--142.4 FTE

positions 12,892,500 Treaty waters management fund work project 138,200 Stream habitat improvement 1,248,600 GROSS APPROPRIATION $ 24,353,600 Appropriated from:

Federal revenues:

DOE, federal 1,000

DOC, federal 45,900

DOI, federal 6,461,900

EPA, federal 142,100

IGLFC, federal 22,000

Special revenue funds:

Commercial fishing fee revenue 200

Game and fish protection fund 17,542,300

State general fund/general purpose $ 138,200

Sec. 107. PARKS AND RECREATION

Full-time equated classified positions 820.3

State parks--608.3 FTE positions $ 38,564,900 MacMullan conference center--7.0 FTE positions 1,256,400 Recreational boating--202.0 FTE positions 11,949,300 Michigan civilian conservation corps--3.0 FTE

positions 3,524,100

GROSS APPROPRIATION $ 55,294,700 Appropriated from:

Interdepartmental grant revenues:

IDG, MacMullan conference center revenue 1,256,400

Federal revenues:

EPA, federal 105,400

Special revenue funds:

Private funds 283,700

Harbor development fund 241,800

Michigan civilian conservation corps endowment

fund 1,291,000

Michigan state parks endowment fund 4,490,300

Michigan state waterways fund 11,707,500

Park improvement fund 24,770,800

Off-road vehicle trail improvement fund 147,900

State general fund/general purpose $ 10,999,900 Sec. 108. MACKINAC ISLAND STATE PARK COMMISSION

Full-time equated classified positions 48.0

Mackinac Island park operation--23.0 FTE

positions $ 1,637,000 Historical facilities system--25.0 FTE

positions 1,814,200

GROSS APPROPRIATION $ 3,451,200

Appropriated from:

Special revenue funds:

Airport and park operation fees 44,500

Mackinac Island state park fund 1,416,000

State general fund/general purpose $ 1,990,700

Sec. 109. FOREST RESOURCE MANAGEMENT

Full-time equated classified positions 339.0

Timber harvest--102.0 FTE positions $ 8,308,000

Forest cultivation and reforestation--23.0 FTE

positions 4,097,900

Forest resource planning and land use--20.0 FTE

positions 5,126,300

Private forest fire development--10.5 FTE

positions 884,600

Forest finance authority--9.0 FTE positions 1,677,600

Forest fire protection--141.5 FTE positions 10,641,000

Forest recreation--14.5 FTE positions 2,161,300

Forest management initiative 1,100,000

Trails--18.5 FTE positions 2,424,900

Forest fire equipment 1,700,000

Cooperative resource programs 1,790,000

GROSS APPROPRIATION $ 39,911,600 Appropriated from:

Federal revenues:

DAG,federal 1,544,000 EPA, federal 1,000

Special revenue funds:

Private funds 806,700

Aircraft fees 105,500

Forest camping fee revenue 1,231,500 Forest resource revenue 20,757,100 Game and fish protection fund 2,071,600 Michigan state waterways fund 366,200 Off-road vehicle trail improvement fund 396,000 Recreation improvement fund 317,700 Shop fees 55,700 Snowmobile trail improvement fund 1,711,200 State general fund/general purpose $ 10,547,400 Sec. 110. LAND AND MINERAL SERVICES

Full-time equated classified positions 69.0

Land records and tax reversions--15.3 FTE

positions $ 2,362,200 Minerals management--15.3 FTE positions 1,641,100 Land acquisition and exchange--16.2 FTE

positions 6,791,900

Resource mapping and aerial photography--22.2 FTE

positions 3,268,800

Abandoned mineshaft closures 350,000

Grants to communities for cleanup and maintenance

of tax reverted properties 150,000

GROSS APPROPRIATION $ 14,564,000 Appropriated from:

Interdepartmental grant revenues:

IDG, land acquisition services to work orders 840,400

IDG, engineering services to work orders 133,800

Federal revenues:

DOI, federal 2,000

Special revenue funds:

Air photo fees 103,000

Delinquent property tax administration fund 606,900

Forest resource revenue 387,600

Game and fish protection fund 558,300

Land exchange facilitation fund 5,367,100

Land sale revenue 2,422,200

Michigan geographic information system revenue 20,600

Michigan natural resources trust fund 1,913,700

Michigan state parks endowment fund 418,000 Michigan state waterways fund 102,600

Park improvement fund 171,600

State general fund/general purpose $ 1,516,200

Sec. 111. LAW ENFORCEMENT

Full-time equated classified positions 270.5

Wildlife resource protection--10.0 FTE

positions $ 1,334,200

General law enforcement--260.5 FTE positions 25,716,000

GROSS APPROPRIATION $ 27,050,200 Appropriated from:

Federal revenues:

DOI, federal 821,900

DOT, federal 1,973,000

Special revenue funds:

Game and fish - wildlife resource protection

fund 1,334,200

Game and fish protection fund 15,517,700

Marine safety fund 1,304,800

Off-road vehicle trail improvement fund 743,900

Snowmobile registration fee revenue 361,400

State general fund/general purpose $ 4,993,300

Sec. 112. PAYMENTS IN LIEU OF TAXES

Swamp and tax reverted lands $ 7,071,500

Purchased lands/open space payments 8,452,700

Commercial forest reserve 2,691,700

GROSS APPROPRIATION $ 18,215,900

Appropriated from:

Special revenue funds:

Game and fish protection fund 1,820,900

Michigan natural resources trust fund 633,400

Michigan state waterways fund 202,500 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 2,634,000

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 300,000

Inland fisheries resources grants 200,000

GROSS APPROPRIATION $ 19,460,500 Appropriated from:

Federal revenues:

DAG, federal 1,125,000

DOI, federal 2,809,000

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 200,000

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

Sec. 114. BUDGETARY SAVINGS

Budgetary savings $ (282,500)

GROSS APPROPRIATION $ (282,500)

Appropriated from:

State general fund/general purpose $ (282,500)

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2001-2002 is $222,610,600.00 and state spending from state resources to be paid to local units of government for fiscal year 2001-2002 is $22,737,900.00. 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 8,452,700

Commercial forest reserve 2,691,700

Grants to counties - marine safety 3,230,000

Snowmobile law enforcement grants 1,142,000

Grants to communities for cleanup and maintenance

of tax reverted properties 150,000

TOTAL $ 22,737,900

Sec. 202. The appropriations authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this bill:

(a) "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) "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 interdepartmental grant.

(m) "IDT" means intradepartmental transfer.

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

Sec. 204. 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. 205. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $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 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 206. Unless otherwise specified the department shall use the Internet to fulfill the reporting requirements of 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 an Internet or Intranet site. Quarterly, the department shall provide to the appropriations subcommittee members, state budget office and the fiscal agencies an electronic and paper copy listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, if any.

Sec. 207. (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.

(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, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or would necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report by the thirtieth of each month to the chairpersons of the senate and house 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. 208. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied by savings from the hiring freeze imposed in Section 207 and, if necessary, by other savings identified by the department director and approved by the state budget director.

(2) Appropriation authorizations shall be adjusted after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 209. (1) From funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant, loan, or grant and loan programs administered by the department for the fiscal year ending on September 30, 2002:

(a) The name of each program.

(b) The goals of the program, the criteria, eligibility, process, filing fees, nominating procedures, 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, 2002.

EXECUTIVE

Sec. 301. The appropriations in part 1 for the commission may be used for per diem payments to the members of the commission or of committees of the commission for a full day of commission or committee work at which a quorum is present, for attending a hearing as authorized by the commission or committee, or for performing official business as authorized by the 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 $ 4,325,600

General purpose licenses 43,925,000

Game and fish protection trust fund interest

and earnings 5,113,000

Federal indirect revenues 1,600,000

Miscellaneous revenues 800,000

Total general purpose game and fish protection

fund $ 55,763,600

Sec. 402. Of the state general fund/general purpose resources appropriated in part 1 to administrative services, $2,300,000.00 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.

Sec. 403. 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, 2002, 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.

FISHERIES MANAGEMENT

Sec. 501. (1) From the appropriation in part 1 for stream habitat improvement, not more than $758,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local governmental 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.

PARKS AND RECREATION

Sec. 601. 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, 2002.

FOREST RESOURCES MANAGEMENT

Sec. 701. Of the funds appropriated in part 1, the department shall prescribe appropriate treatment on 69,000 acres, plus or minus 10% at the current average rate of 12.5 to 13 cords per acre provided that the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management.

Sec. 702. Of the appropriations in part 1 for forest resources management, up to $600,000.00 may be used in the Detroit area to support the Detroit 300 Legacy of Trees program.

LAND AND MINERAL SERVICES

Sec. 801. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 2002, 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. 802. 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. 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.

GRANTS

Sec. 901. 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 publicly owned forested land.

Sec. 902. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. The department shall report to the senate and house appropriations subcommittees on natural resources, the state budget office, and the senate and house fiscal agencies on all amounts appropriated under this section.