Bill Text: MI HB5176 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Appropriations; grants and transfers; state administrative board limitations; modify. Amends sec. 3 of 1921 PA 2 (MCL 17.3).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-12-31 - Assigned Pa 161'19 With Immediate Effect [HB5176 Detail]
Download: Michigan-2019-HB5176-Enrolled.html
state of michigan
100th Legislature
Regular session of 2019
Introduced by Reps. Hernandez, Frederick and VanWoerkom
ENROLLED HOUSE BILL No. 5176
AN ACT to amend
1921 PA 2, entitled “An act to promote the efficiency of the government of the
state, to create a state administrative board, to define the powers and duties
thereof, to provide for the transfer to said board of powers and duties now
vested by law in other boards, commissions, departments and officers of the
state, and for the abolishing of certain of the boards, commissions,
departments and offices, whose powers and duties are hereby transferred,” by
amending section 3 (MCL 17.3).
The People of
the State of Michigan enact:
Sec. 3. (1) The state
administrative board shall exercise general supervisory control over the
functions and activities of all administrative departments, boards,
commissioners, and officers of the state,
and of all state institutions.
(2) Except as provided in subsection (5), the
state administrative board shall not have power
to transfer any appropriation to the general fund at any time or use the same
for any purpose other than that designated by the legislature.
(3) The state
administrative board shall not have power to
allow to any state department, board, commission, officer, or institution any funds, not appropriated therefor
by the legislature, from any source whatever, except as provided in the
emergency appropriation act of 1931.
(4) Except as
provided in subsection (5), the state
administrative board shall not have the power to transfer to any state
department, board, commission, officer,
or institution any sum from the amount appropriated by the legislature for any
other purpose.
(5) The state
administrative board may inter-transfer funds
within the appropriation for a particular
department, board, commission, officer,
or institution. If the inter-transfer of funds could otherwise be
accomplished through the transfer process under section 393 of the management
and budget act, 1984 PA 431, MCL 18.1393, the state administrative board may
carry out the inter-transfer only if both of the following requirements have
been met:
(a) The state
budget director has first requested the approval of or given notice to, as
applicable, the senate and house of representatives appropriations committees
regarding the inter-transfer of funds under section 393 of the management and
budget act, 1984 PA 431, MCL 18.1393.
(b) The request
to inter-transfer funds made under subdivision (a) has not been approved by
both appropriations committees by
whichever of the following dates is the earliest:
(i) Six session days after the request was made.
(ii) Thirty calendar days after the first session day after the request was
made.
(6) The state
administrative board may in its discretion
intervene in any matter touching the functions
and activities under this section and
may, by resolution or order, advise or direct the department, board,
commission, officer, or institution
concerned as to the manner in which the function or other activity shall be
performed, and may order an interchange or transfer of employees between
departments, boards, commissions, and
state institutions when necessary. It is hereby made the duty of each and every
official and employee connected with any administrative department, office, or institution of the state to follow the direction
or order so given; and to perform such services in the carrying out of the
purposes and intent of this act as may be required by the board. Failure so to
do shall be deemed to constitute malfeasance in office and shall be sufficient
cause for removal.
(7) As used in
this section, “session day” means a day on which both the senate and the house
of representatives convene in session.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor