HOUSE BILL NO. 4877
June 28, 2023, Introduced by Reps. Martin, Kunse, Neyer and Bierlein and referred to the
Committee on Appropriations.
A bill 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), as amended by 2021 PA 143.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. (1) The state administrative board shall exercise
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1 general supervisory control over the functions and activities of
2 all administrative departments, boards, commissioners, and officers
3 of the this state, and of all state institutions.
4 (2) Except as provided in subsection (5), the state
5 administrative board shall not have power to transfer any an
6 appropriation to the general fund at any time or use the same an
7 appropriation for any a purpose other than that designated by the
8 legislature.
9 (3) The state administrative board shall not have power to
10 allow to any a state department, board, commission, officer, or
11 institution any funds, money that is not appropriated therefor for
12 the state department, board, commission, officer, or institution by
13 the legislature, from any source. whatever, except as provided in
14 the emergency appropriation act of 1931.
15 (4) Except as provided in subsection (5), the state
16 administrative board shall not have the power to transfer to any a
17 state department, board, commission, officer, or institution any
18 sum money from the an amount appropriated by the legislature for
19 any other another purpose.
20 (5) Subject to subsection subsections (6) and (7), the state
21 administrative board may inter-transfer funds money within the
22 appropriation for a particular department, board, commission,
23 officer, or institution. If the inter-transfer of funds money could
24 otherwise be accomplished through the transfer process under
25 section 393 of the management and budget act, 1984 PA 431, MCL
26 18.1393, the state administrative board may carry out the inter-
27 transfer only if both of the following requirements have been met:
28 (a) The state budget director has first requested the approval
29 of from or given notice to, notified, as applicable, the senate and
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1 house of representatives appropriations committees regarding the
2 inter-transfer of funds appropriations under section 393 of the
3 management and budget act, 1984 PA 431, MCL 18.1393.
4 (b) The request to inter-transfer funds appropriations made
5 under subdivision (a) has not been approved by both appropriations
6 committees by whichever of the following dates is the earliest of
7 the following dates:
8 (i) Six session days after the request was made.
9 (ii) Thirty calendar days after the first session day after the
10 request was made.
11 (6) The state administrative board may not transfer or inter-
12 transfer any funds that are money that is appropriated to or
13 deposited in the strategic outreach and attraction reserve fund
14 created in section 4 of the Michigan trust fund act, 2000 PA 489,
15 MCL 12.254, or that are is appropriated or transferred for the
16 critical industry program created in section 88s of the Michigan
17 strategic fund act, 1984 PA 270, MCL 125.2088s, or the Michigan
18 strategic site readiness program created in section 88t of the
19 Michigan strategic fund act, 1984 PA 270, MCL 125.2088t.
20 (7) An inter-transfer of appropriations for a particular
21 department or institution under subsection (5) must not be made if
22 the inter-transfer will increase or decrease an item of
23 appropriation by more than 3% or $125,000.00, whichever is greater.
24 However, an item of appropriation must not be increased or
25 decreased by more than $200,000.00 in the aggregate. An inter-
26 transfer of appropriations for a particular department or
27 institution in excess of the restrictions in this subsection may be
28 made by the state administrative board only after approval by the
29 senate and house of representatives appropriations committees.
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1 (8) (7) The state administrative board may in its discretion
2 intervene do any of the following:
3 (a) Intervene in any matter touching related to the state
4 administrative board's functions and activities under this section.
5 and may, by
6 (b) By resolution or order, advise or direct the department,
7 board, commission, officer, or institution concerned as to the
8 manner in which the a function or other activity shall must be
9 performed. , and may order
10 (c) Order an interchange or transfer of employees between
11 departments, boards, commissions, and state institutions when if
12 necessary. It is hereby made the duty of each and every
13 (9) An official and or employee connected with any an
14 administrative department, office, or institution of the this state
15 to shall follow the a direction or order so given ; and to by the
16 state administrative board under subsection (8). In carrying out
17 the purposes and intent of this act, the official or employee shall
18 perform such any services in the carrying out of the purposes and
19 intent of this act as may be required by the board. Failure so to
20 do shall be deemed to constitute to comply with this subsection is
21 malfeasance in office and shall be is sufficient cause for removal.
22 (10) (8) As used in this section, "session day" means a day on
23 which both the senate and the house of representatives convene in
24 session.
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Statutes affected:
House Introduced Bill: 17.3