Bill Text: MI HB5105 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Appropriations: grants and transfers; state administrative board limitations; modify. Amends sec. 3 of 1921 PA 2 (MCL 17.3). TIE BAR WITH: HB 5104'23, HB 5106'23
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-10-31 - Referred To Second Reading [HB5105 Detail]
Download: Michigan-2023-HB5105-Introduced.html
HOUSE BILL NO. 5105
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:
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 this state, and of all state institutions.
(2) Except as provided in subsection (5), the state administrative board shall not have power to transfer any an appropriation to the general fund at any time or use the same an appropriation for any a purpose other than that designated by the legislature.
(3) The state administrative board shall not have power to allow to any a state department, board, commission, officer, or institution any funds, money that is not appropriated therefor for the state department, board, commission, officer, or institution 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 a state department, board, commission, officer, or institution any sum money from the an amount appropriated by the legislature for any other another purpose.
(5) Subject to subsection (6), the state administrative board may inter-transfer funds intertransfer money within the appropriation for a particular department, board, commission, officer, or institution. If the inter-transfer intertransfer 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 intertransfer only if both of the following requirements have been met:
(a) The state budget director has first requested the approval of from or given notice to, notified, as applicable, the senate and house of representatives appropriations committees regarding the inter-transfer intertransfer of funds under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393.
(b) The request to inter-transfer intertransfer funds made under subdivision (a) has not been approved by both appropriations committees by whichever of the following dates is the earliest of the following dates:
(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 not transfer or inter-transfer intertransfer any funds that are appropriated to or deposited in the strategic outreach and attraction reserve make it in Michigan fund created in section 4 of the Michigan trust fund act, 2000 PA 489, MCL 12.254, or that are appropriated or transferred for the critical industry program created in section 88s of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088s, or the Michigan strategic site readiness program created in section 88t of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t, or the Michigan 360 program created in section 88u of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088u.
(7) The state administrative board may in its discretion intervene do any of the following:
(a) Intervene in any matter touching related to the state administrative board's functions and activities under this section. and may, by
(b) By resolution or order, advise or direct the department, board, commission, officer, or institution concerned as to the manner in which the a function or other activity shall must be performed. , and may order
(c) Order an interchange or transfer of employees between departments, boards, commissions, and state institutions when if necessary. It is hereby made the duty of each and every
(8) An official and or employee connected with any an administrative department, office, or institution of the this state to shall follow the a direction or order so given ; and to by the state administrative board under subsection (7). In carrying out the purposes and intent of this act, the official or employee shall perform such any 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 to comply with this subsection is malfeasance in office and shall be is sufficient cause for removal.
(9) (8) As used in this section, "session day" means a day on which both the senate and the house of representatives convene in session.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5104 (request no. 04109'23 *).
(b) Senate Bill No.____ or House Bill No. 5106 (request no. 04389'23 *).
