SB-1106, As Passed Senate, March 26, 2008
SUBSTITUTE FOR
SENATE BILL NO. 1106
A bill to make appropriations for the department of natural
resources for the fiscal year ending September 30, 2009; 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
Senate Bill No. 1106 as amended March 26, 2008
natural resources for the fiscal year ending September 30, 2009,
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........ 2,164.9
GROSS APPROPRIATION.................................... $ <<274,579,700>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,802,200
ADJUSTED GROSS APPROPRIATION........................... $ <<270,777,500>>
Federal revenues:
Total federal revenues................................. 49,909,100
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 3,245,000
Total other state restricted revenues.................. <<204,203,600>>
State general fund/general purpose..................... $ 13,419,800
FUND SOURCE SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,164.9
GROSS APPROPRIATION.................................... $ <<274,579,700>>
Interdepartmental grant revenues:
IDG, engineering services to work orders............... 1,972,100
IDG, land acquisition services to work orders.......... 417,000
IDG, MacMullan conference center revenue............... 1,413,100
Senate Bill No. 1106 as amended March 26, 2008
Total interdepartmental grants and intradepartmental
transfers............................................ 3,802,200
ADJUSTED GROSS APPROPRIATION........................... $ <<270,777,500>>
Federal revenues:
DAG, federal........................................... 13,352,700
DHS, federal........................................... 6,144,300
DOC, federal........................................... 71,400
DOE, federal........................................... 1,000
DOI, federal........................................... 27,951,900
DOT, federal........................................... 2,100,000
EPA, federal........................................... 287,800
Total federal revenues................................. 49,909,100
Special revenue funds:
Private funds.......................................... 3,245,000
Total private revenues................................. 3,245,000
Aircraft fees.......................................... 257,200
Cervidae licensing and inspection fees................. 165,100
Clean Michigan initiative fund......................... 45,900
Commercial forest fund................................. 53,000
Forest development fund................................ 27,605,800
Forestland user charges................................ 560,200
Forest recreation fund................................. 1,422,000
Game and fish protection fund.......................... 64,513,700
Game and fish protection fund - deer habitat reserve... 3,125,800
Game and fish protection fund - fisheries settlement... 906,300
Game and fish protection fund - turkey permit fees..... 1,880,300
Game and fish protection fund - waterfowl fees......... 111,000
Senate Bill No. 1106 as amended March 26, 2008
Game and fish - wildlife resource protection fund...... 1,649,300
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 28,700
Land exchange facilitation fund........................ 6,286,900
Marine safety fund..................................... 4,793,400
Michigan natural resources trust fund.................. <<2,641,600>>
Michigan state parks endowment fund.................... 13,645,900
Michigan state waterways fund.......................... 16,459,000
Nongame wildlife fund.................................. 699,100
Off-road vehicle trail improvement fund................ 4,722,900
Park improvement fund.................................. 38,381,300
Recreation improvement fund............................ 1,465,800
Safety education fund.................................. 216,800
Shop fees.............................................. 66,000
Snowmobile registration fee revenue.................... 2,300,200
Snowmobile trail improvement fund...................... 9,942,800
Sportsmen against hunger fund.......................... 257,600
Total other state restricted revenues.................. <<204,203,600>>
State general fund/general purpose..................... $ 13,419,800
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 61.3
Commission (including travel expense--per diem)........ $ 91,300
Unclassified salaries--6.0 FTE positions............... 416,500
Communications--45.3 FTE positions..................... 3,398,200
Executive direction--16.0 FTE positions................ 2,108,800
GROSS APPROPRIATION.................................... $ 6,014,800
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
Forest development fund................................ 301,500
Forestland user charges................................ 2,100
Forest recreation fund................................. 28,100
Game and fish protection fund.......................... 2,057,300
Game and fish protection fund - deer habitat reserve... 38,100
Game and fish protection fund - turkey permit fees..... 16,100
Game and fish protection fund - waterfowl fees......... 900
Game and fish - wildlife resource protection fund...... 15,600
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 28,700
Land exchange facilitation fund........................ 65,500
Marine safety fund..................................... 30,100
Michigan natural resources trust fund.................. 33,000
Michigan state parks endowment fund.................... 134,900
Michigan state waterways fund.......................... 289,800
Nongame wildlife fund.................................. 7,000
Off-road vehicle trail improvement fund................ 24,400
Park improvement fund.................................. 2,242,200
Recreation improvement fund............................ 9,300
Snowmobile registration fee revenue.................... 2,900
Snowmobile trail improvement fund...................... 47,700
State general fund/general purpose..................... $ 639,600
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions........... 53.5
Budget and support services--16.5 FTE positions........ $ 1,712,900
Financial services--23.0 FTE positions................. 2,572,200
Grants management--14.0 FTE positions.................. 1,475,000
Internal audit services................................ 491,100
GROSS APPROPRIATION.................................... $ 6,251,200
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOI, federal........................................... 317,200
Special revenue funds:
Clean Michigan initiative fund......................... 45,900
Forest development fund................................ 1,001,100
Forest recreation fund................................. 48,000
Game and fish protection fund.......................... 1,220,800
Game and fish protection fund - deer habitat reserve... 66,500
Game and fish protection fund - turkey permit fees..... 33,800
Game and fish protection fund - waterfowl fees......... 3,800
Game and fish - wildlife resource protection fund...... 35,100
Land exchange facilitation fund........................ 90,400
Marine safety fund..................................... 174,000
Michigan natural resources trust fund.................. 857,900
Michigan state parks endowment fund.................... 204,100
Michigan state waterways fund.......................... 256,800
Nongame wildlife fund.................................. 23,700
Off-road vehicle trail improvement fund................ 83,100
Park improvement fund.................................. 753,600
Recreation improvement fund............................ 21,000
Safety education fund.................................. 6,200
Snowmobile registration fee revenue.................... 54,100
Snowmobile trail improvement fund...................... 184,100
State general fund/general purpose..................... $ 770,000
Sec. 104. LAND AND FACILITIES
Full-time equated classified positions.......... 134.2
Land and facilities--134.2 FTE positions............... $ 20,417,700
GROSS APPROPRIATION.................................... $ 20,417,700
Appropriated from:
Interdepartmental grant revenues:
IDG, engineering services to work orders............... 1,972,100
IDG, land acquisition services to work orders.......... 417,000
IDG, MacMullan conference center revenue............... 1,413,100
Special revenue funds:
Forest development fund................................ 1,925,000
Forestland user charges................................ 13,600
Forest recreation fund................................. 11,000
Game and fish protection fund.......................... 6,856,400
Game and fish protection fund - deer habitat reserve... 198,100
Game and fish protection fund - turkey permit fees..... 77,300
Game and fish - wildlife resource protection fund...... 6,200
Land exchange facilitation fund........................ 5,909,600
Marine safety fund..................................... 102,600
Michigan natural resources trust fund.................. 5,900
Michigan state parks endowment fund.................... 132,900
Michigan state waterways fund.......................... 266,500
Off-road vehicle trail improvement fund................ 24,000
Park improvement fund.................................. 504,900
Snowmobile registration fee revenue.................... 40,100
Snowmobile trail improvement fund...................... 78,900
State general fund/general purpose..................... $ 462,500
Sec. 105. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges............................. $ 1,979,600
Rent - privately owned property........................ 490,000
Gifts and bequests..................................... 500,000
GROSS APPROPRIATION.................................... $ 2,969,600
Appropriated from:
Special revenue funds:
Private funds.......................................... 500,000
Forest development fund................................ 593,700
Forest recreation fund................................. 15,100
Game and fish protection fund.......................... 853,400
Game and fish protection fund - deer habitat reserve... 20,100
Game and fish protection fund - turkey permit fees..... 19,200
Game and fish - wildlife resource protection fund...... 7,200
Land exchange facilitation fund........................ 72,500
Marine safety fund..................................... 32,600
Michigan natural resources trust fund.................. 39,900
Michigan state parks endowment fund.................... 204,300
Michigan state waterways fund.......................... 109,400
Park improvement fund.................................. 317,300
Snowmobile trail improvement fund...................... 20,700
State general fund/general purpose..................... $ 164,200
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 214.0
Wildlife management--205.0 FTE positions............... $ 30,152,200
Natural resources heritage--9.0 FTE positions.......... 1,271,300
State game and wildlife area maintenance............... 750,000
GROSS APPROPRIATION.................................... $ 32,173,500
Appropriated from:
Federal revenues:
DAG, federal........................................... 206,500
DOI, federal........................................... 13,631,900
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 114,600
Cervidae licensing and inspection fees................. 101,500
Forest development fund................................ 63,400
Game and fish protection fund.......................... 10,678,900
Game and fish protection fund - deer habitat reserve... 2,729,800
Game and fish protection fund - turkey permit fees..... 1,669,400
Game and fish protection fund - waterfowl fees......... 103,600
Nongame wildlife fund.................................. 635,200
Sportsmen against hunger fund.......................... 257,600
State general fund/general purpose..................... $ 1,980,100
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 250.0
Aquatic resource mitigation--3.0 FTE positions......... $ 907,300
Fish production--64.0 FTE positions.................... 8,677,900
Fisheries resource management--183.0 FTE positions..... 20,148,700
GROSS APPROPRIATION.................................... $ 29,733,900
Appropriated from:
Federal revenues:
DAG, federal........................................... 134,400
DOC, federal........................................... 53,400
DOE, federal........................................... 1,000
DOI, federal........................................... 9,411,700
EPA, federal........................................... 165,500
Special revenue funds:
Private funds.......................................... 116,700
Game and fish protection fund.......................... 18,944,900
Game and fish protection fund - fisheries settlement... 906,300
State general fund/general purpose..................... $ 0
Sec. 108. PARKS AND RECREATION
Full-time equated classified positions.......... 791.9
Recreational boating--163.5 FTE positions.............. $ 14,508,800
State parks--628.4 FTE positions....................... 44,654,200
State parks improvement revenue bonds - debt service... 1,138,700
GROSS APPROPRIATION.................................... $ 60,301,700
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
EPA, federal........................................... 120,300
Special revenue funds:
Private funds.......................................... 363,900
Michigan state parks endowment fund.................... 12,079,400
Michigan state waterways fund.......................... 14,508,800
Off-road vehicle trail improvement fund................ 243,100
Senate Bill No. 1106 as amended March 26, 2008
Park improvement fund.................................. 32,986,200
State general fund/general purpose..................... $ 0
Sec. 109. FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions.......... 395.0
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--12.0 FTE positions...... 3,342,100
Forest and timber treatments--125.0 FTE positions...... 14,197,300
Forest fire equipment.................................. 500,000
Wildfire protection--135.0 FTE positions............... 11,268,600
Forest management initiatives--10.0 FTE positions...... 836,600
Forest management planning--40.0 FTE positions......... 3,996,600
Forest recreation--50.0 FTE positions.................. 5,471,500
Minerals management--23.0 FTE positions................ <<2,526,100>>
GROSS APPROPRIATION.................................... $ <<42,163,800>>
Appropriated from:
Federal revenues:
DAG, federal........................................... 2,386,800
DHS, federal........................................... 250,000
DOI, federal........................................... 2,000
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 925,100
Aircraft fees.......................................... 257,200
Commercial forest fund................................. 48,100
Forest development fund................................ 22,270,500
Forestland user charges................................ 528,300
Forest recreation fund................................. 1,217,700
Senate Bill No. 1106 as amended March 26, 2008
Game and fish protection fund.......................... 1,707,100
Michigan natural resources trust fund.................. <<1,248,500>>
Michigan state parks endowment fund.................... 566,000
Michigan state waterways fund.......................... 387,000
Off-road vehicle trail improvement fund................ 664,800
Recreation improvement fund............................ 324,100
Shop fees.............................................. 66,000
Snowmobile trail improvement fund...................... 2,224,100
State general fund/general purpose..................... $ 7,089,500
Sec. 110. LAW ENFORCEMENT
Full-time equated classified positions.......... 265.0
General law enforcement--265.0 FTE positions........... $ 32,036,500
GROSS APPROPRIATION.................................... $ 32,036,500
Appropriated from:
Federal revenues:
DHS, federal........................................... 4,424,300
DOC, federal........................................... 18,000
DOI, federal........................................... 1,472,200
Special revenue funds:
Private funds.......................................... 74,700
Cervidae licensing and inspection fees................. 63,600
Forest recreation fund................................. 59,600
Game and fish protection fund.......................... 18,911,500
Game and fish - wildlife resource protection fund...... 1,529,700
Marine safety fund..................................... 1,575,800
Off-road vehicle trail improvement fund................ 1,221,800
Park improvement fund.................................. 59,600
Safety education fund.................................. 60,600
Snowmobile registration fee revenue.................... 1,015,600
State general fund/general purpose..................... $ 1,549,500
Sec. 111. GRANTS
Federal - clean vessel act grants...................... $ 400,000
Federal - forest stewardship grants.................... 3,125,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 300,000
Federal - urban forestry grants........................ 4,000,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
National recreational trails........................... 2,150,000
Accessibility grants................................... 1,000,000
Game and nongame wildlife fund grants.................. 10,000
Grant to counties-marine safety........................ 4,275,000
Inland fisheries resources grants...................... 200,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 2,454,000
Recreation improvement fund grants..................... 1,100,000
Snowmobile law enforcement grants...................... 1,142,000
Snowmobile local grants program........................ 7,314,000
GROSS APPROPRIATION.................................... $ 33,636,900
Appropriated from:
Federal revenues:
DAG, federal........................................... 10,625,000
DHS, federal........................................... 1,470,000
DOI, federal........................................... 3,116,900
DOT, federal........................................... 2,100,000
Special revenue funds:
Private funds.......................................... 1,150,000
Game and fish protection fund.......................... 200,000
Marine safety fund..................................... 2,805,000
Nongame wildlife fund.................................. 10,000
Off-road vehicle trail improvement fund................ 2,454,000
Recreation improvement fund............................ 1,100,000
Safety education fund.................................. 150,000
Snowmobile registration fee revenue.................... 1,142,000
Snowmobile trail improvement fund...................... 7,314,000
State general fund/general purpose..................... $ 0
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 8,880,100
GROSS APPROPRIATION.................................... $ 8,880,100
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
Commercial forest fund................................. 4,900
Forest development fund................................ 1,450,600
Forestland user charges................................ 16,200
Forest recreation fund................................. 42,500
Game and fish protection fund.......................... 3,083,400
Game and fish protection fund - deer habitat reserve... 73,200
Game and fish protection fund - turkey permit fees..... 64,500
Game and fish protection fund - waterfowl fees......... 2,700
Game and fish - wildlife resource protection fund...... 55,500
Senate Bill No. 1106 as amended March 26, 2008
Land exchange facilitation fund........................ 148,900
Marine safety fund..................................... 73,300
Michigan natural resources trust fund.................. 456,400
Michigan state parks endowment fund.................... 324,300
Michigan state waterways fund.......................... 640,700
Nongame wildlife fund.................................. 23,200
Off-road vehicle trail improvement fund................ 7,700
Park improvement fund.................................. 1,517,500
Recreation improvement fund............................ 11,400
Snowmobile registration fee revenue.................... 45,500
Snowmobile trail improvement fund...................... 73,300
State general fund/general purpose..................... $ 764,400
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 2008-2009 is <<$217,623,400.00>> and state
spending from state resources to be paid to local units of
government for fiscal year 2008-2009 is $5,057,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Grants to counties - marine safety..................... $ 2,805,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 450,000
Recreation improvement fund grants..................... 110,000
Snowmobile law enforcement grants...................... 1,142,000
Snowmobile local grants program........................ 400,000
TOTAL.................................................. $ 5,057,000
Sec. 202. The appropriations 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) "DHS" means the United States department of homeland
security.
(e) "Director" means the director of the department of natural
resources.
(f) "DOC" means the United States department of commerce.
(g) "DOE" means the United States department of energy.
(h) "DOI" means the United States department of interior.
(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.
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) 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.
(2) The state budget director may 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 necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly 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
quarter and the reasons to justify the exceptions.
Sec. 206. The department shall use the Internet to fulfill the
reporting requirements of this act. This requirement can be met if
reports are transmitted via electronic mail to the recipients
identified for each reporting requirement or it may include
placement of reports on an Internet or Intranet site.
Sec. 207. Within 14 days after the release of the executive
budget recommendation, 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 estimated restricted fund balances, projected
revenues, and expenditures for the fiscal years ending September
30, 2008 and September 30, 2009.
Sec. 208. (1) From the 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, 2009:
(a) The name of each program.
(b) The goals, criteria, filing fees, nominating procedures,
eligibility requirements, processes, 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 during the
fiscal year ending September 30, 2008.
(2) The reports required under this section shall be submitted
to the state budget director, the senate and house appropriations
committees, and the senate and house fiscal agencies by January 1,
2009.
Sec. 209. Appropriations of state-restricted game and fish
protection funds have been made to the following departments and
agencies in their respective appropriation acts. The amounts
appropriated to these departments and agencies are listed below:
Civil service commission............................... $ 876,100
History, arts, and libraries........................... 3,500
Legislative auditor general............................ 21,400
Attorney general....................................... 917,800
Department of management and budget.................... 235,300
Department of treasury................................. 7,000
Sec. 210. Before January 31, 2009, the department, in
cooperation with the Michigan state waterways commission, shall
provide to the state budget director, the senate and house
appropriations subcommittees on natural resources, and the senate
and house fiscal agencies a list of projects completed by the
commission in fiscal year 2007-2008, including the county and
municipality in which each project is located.
Sec. 211. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.43703, there is appropriated from the game and fish protection
trust fund to the game and fish protection account of the Michigan
conservation and recreation legacy fund, $6,000,000.00 for the
fiscal year ending September 30, 2009.
Sec. 212. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 213. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 214. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2009 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate standing committees on appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state-
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 215. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 216. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities and in Lake
County compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with
which the department contracts to subcontract with certified
businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 217. The department shall not take disciplinary action
against an employee for communicating truthfully and factually with
a member of the legislature or his or her staff.
Sec. 218. (1) The department shall report no later than April
1, 2009 on each specific policy change made to implement a public
act affecting the department that took effect during the prior
calendar year to the house and senate appropriations subcommittees
on the budget for the department, the joint committee on
administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 219. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 220. The department shall develop a plan for allocating
restricted funds among department administrative support and
regulatory activities. This plan shall be submitted to the house
and senate appropriations subcommittees on natural resources by
January 30, 2009. This plan shall include a cost allocation plan
for financial services support, office space rent and building
occupancy charges, and support division service for information
systems and technology and a methodology to use information
generated through activity reports that identifies the percentage
of employee time spent on restricted fund activities.
Sec. 222. (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 act 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 act 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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 223. It is the intent of the legislature that the
recommendations of the workgroup on long-term funding that was
established in section 223 of 2007 PA 122 are included in the
appropriations in part 1.
Sec. 224. It is the intent of the legislature to fund payments
in lieu of taxes through an appropriation in the department of
treasury.
Sec. 225. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state. The only exception to this travel restriction involves a
professional development conference or training seminar that is
funded by a federal or private funding source and requires more
than 1 person from a department to attend.
ADMINISTRATIVE SERVICES
Sec. 401. 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,
2009, for engineering services provided, a standard percentage fee
to recover actual costs. The department may use the revenue derived
to support the engineering services charges provided for in part 1.
Sec. 402. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2009, 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. 403. The department may charge both application fees and
transaction fees related to the exchange or sale of state-owned
land or rights in land authorized by part 21 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.2101 to 324.2162. The fees shall be set by the director at a
rate which allows the department to recover its costs for providing
these services.
Sec. 404. The department shall prominently display in a
prominent place in the fishing guide provided to each licensed
fisher and paid for from the funds appropriated in part 1, the
website address for the department of community health. In
addition, the fishing guide shall include information on
alternative sources where interested parties without Internet
access may find information on fish advisories issued by the
department of community health.
Sec. 405. Within 21 days after the end of the fiscal year
ending September 30, 2009, the department shall submit to the
senate and house appropriations subcommittees on natural resources
a report on all land transactions approved by the commission in the
previous fiscal year. For each land transaction, the report shall
include the size of the parcel, the county and municipality in
which the parcel is located, the dollar amount of the transaction,
the fund source affected by the transaction, and whether the
transaction is by purchase, public auction, transfer, exchange, or
conveyance.
WILDLIFE MANAGEMENT
Sec. 501. It is the intent of the legislature that, from 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, coyotes, or cougars
under the animal industry act, 1988 PA 466, MCL 287.701 to 287.745.
Sec. 502. From the funds appropriated in part 1, the
department shall submit quarterly reports to the state budget
director, the senate and house appropriations subcommittees on
natural resources, and the senate and house fiscal agencies that
provide detail about enforcement actions taken to eradicate bovine
tuberculosis, the number of infected deer found, new science it is
working on to detect bovine tuberculosis, and other relevant
information about the department's efforts to address the presence
of bovine tuberculosis in this state.
FISHERIES MANAGEMENT
Sec. 601. As a condition of expenditure of fisheries
management appropriations under part 1, the department shall not
impede the certification process for water control structures on
Michigan waterways. The department shall fund from funds
appropriated in part 1 all non-water-quality studies or
requirements that the department requests of either of the
following:
(a) The department of environmental quality as a condition for
issuance of a certification under the federal water pollution
control act, 33 USC 1341.
(b) The federal energy regulatory commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
Sec. 602. (1) From the appropriation in part 1 for aquatic
resource mitigation, 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.
Sec. 603. From the funds appropriated in part 1 for fish
production and fisheries resource management, the department shall
continue to operate the 6 hatcheries that were operational on
September 30, 2007.
PARKS AND RECREATION
Sec. 701. Pursuant to 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, 2009.
Sec. 702. (1) The department shall prepare detailed reports
for construction projects in state parks that will involve campsite
or campground closures. These reports shall include expected costs,
impacts on recreation opportunities, impacts on state park
revenues, and the expected impact on state park users. The
department shall also prepare reports on average monthly campground
occupancy rates for every state park during the previous summer
season. The department shall provide reports described in this
subsection to the house and senate appropriations subcommittees on
natural resources and the house and senate fiscal agencies not
later than April 1, 2009.
(2) The department shall notify the house and senate
appropriations subcommittees on natural resources and the house and
senate fiscal agencies if it intends to reduce operations or reduce
recreation opportunities at any state park or recreation area.
Sec. 703. From the funds appropriated in part 1, the
department shall maintain an appropriate number of defibrillators
in state parks. State parks shall accept donations of
defibrillators.
Sec. 704. The department shall not alter or halt operations of
the ski hill or demolish buildings related to the ski hill, the
assistant manager residence, the 3-unit apartment building, or the
carpenter's shop and garage in Porcupine Mountains wilderness state
park. The department shall collaborate with travel Michigan for the
marketing and promotion of the ski hill.
FOREST, MINERAL, AND FIRE MANAGEMENT
Sec. 801. In addition to the funds appropriated in part 1,
$350,000.00 is appropriated to cover costs related to any declared
emergency involving the collapse of any abandoned mine shaft
located on state land. This appropriation shall not be expended
unless the state budget director recommends the expenditure and the
department notifies the house and senate committees on
appropriations.
Sec. 802. As a condition of expenditure of appropriations in
part 1 from state general fund/general purpose, on November 15,
2008 the department shall provide at least $1,800,000.00 from
cooperative resources programs as an interdepartmental grant to the
department of agriculture for the cooperative resources management
initiative program for the purposes of supporting forestry programs
in local conservation districts.
Sec. 803. The department shall spend amounts appropriated in
part 1 for forest-related activities to employ or contract for
additional foresters to mark timber, pursuant to section 804.
Sec. 804. Of the funds appropriated in part 1, the department
shall, subject to the forest certification process, prescribe
appropriate treatment on not less than 63,000 acres at the current
average rate of 12.5 to 13 cords per acre, and offer those cords
for sale in 2009, provided that the department shall take into
consideration the impact of timber harvesting on wildlife habitat
and recreation uses. The department shall, subject to the forest
certification process, increase marking or treatment of hardwood
timber for sale and harvest by 10% over 2008 levels. In addition,
the department shall take into consideration silvicultural analysis
and report annually to the legislature on plans and efforts to
address factors limiting management of timber. The department shall
provide quarterly reports on the number of acres treated, pursuant
to this section, to the senate and house appropriations
subcommittees on natural resources and the standing committees of
the senate and house of representatives with primary responsibility
for natural resources issues.
Sec. 805. From the funds appropriated in part 1, the
department shall allow for a designated snowmobile route connecting
the Village of Bellaire to the Jordan River Trail across state-
owned land with associated reasonable restrictions that mitigate
negative impacts on the natural resources.
Sec. 806. In addition to the money appropriated in this act,
the department may receive and expend money from federal sources
for the purpose of providing response to wildfires as required by a
compact with the federal government. If additional expenditure
authorization is required, the department shall notify the state
budget office that expenditure under this section is required. The
department shall notify the house and senate appropriations
subcommittees on natural resources and the house and senate fiscal
agencies of the expenditures under this section by November 1,
2009.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used to provide grants to county law
enforcement agencies to enforce part 821 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.82101 to
324.82160, including rules promulgated under that part and
ordinances enacted pursuant to that part. The department shall
consider the number of enforcement hours and the number of miles of
snowmobile trails in each county in allocating these grants. Any
funds not distributed to counties revert back to the snowmobile
registration fee subaccount created under section 82111 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.82111. Counties shall provide semiannual reports to the
department on the use of grant money received under this section.
Sec. 902. From the funds appropriated in part 1, not less than
6 months before expiration of a contract or adoption of amendments
to an existing contract with the concessionaire at the Island Lake
shooting range, the department shall notify in the least expensive
method possible all residents within 5 miles of the shooting range
and the state and local elected officials representing Green Oak
Township in Livingston County of the contract expiration date or
adoption of amendments to an existing contract. If the department
intends to extend or amend the contract with the concessionaire, it
shall hold 1 public hearing in Livingston County on the matter not
less than 60 days before execution.
GRANTS
Sec. 1101. 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. By
November 30, 2008, the department shall report to the senate and
house appropriations subcommittees on natural resources, the senate
and house fiscal agencies, and the state budget director on all
amounts appropriated under this section during the fiscal year
ending September 30, 2008.
Sec. 1102. Subject to part 811 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81101 to
324.81150, from the funds appropriated in part 1 for off-road
vehicle trail improvements grants, not less than $980,000.00 shall
be spent on the development of new trails in accordance with the
off-road vehicle trail expansion plan submitted to the legislature
pursuant to section 807 of article 14 of 2005 PA 154.