THE MANAGEMENT AND BUDGET ACT (EXCERPT)
Act 431 of 1984
18.1393 Administrative transfers of appropriations within department; purpose; notice; prohibited adjustments; approval or disapproval.Sec. 393.
(1) Administrative transfers of appropriations within any department to adjust for current cost and price variations from the enacted budget items, or to adjust amounts between federal sources of financing for a specific appropriation line item, or to adjust amounts between restricted sources of financing for a specific appropriation line item, or to pay court judgments, including court approved consent judgments, or to pay all settlements and claims may be made by the state budget director not less than 30 days after notifying each member of the senate and house appropriations committees. Administrative transfers shall not include adjustments that have policy implications or that have the effect of creating, expanding, or reducing programs within that department. Those transfers may be disapproved by either appropriations committee within the 30 days and, if disapproved within that time, shall not be effective.
(2) A transfer of appropriations within any department other than an administrative transfer pursuant to subsection (1) shall not be made by the state budget director unless approved by both the senate and house appropriations committees. If the state budget director does not approve transfers adopted by both the senate and house appropriations committees under this subsection, the state budget director shall notify each member of both the senate and house appropriations committees of his or her action within 15 days after the senate and house appropriations committees' final approval.
(3) A transfer approved by the appropriations committees shall not be effective unless it is identical in terms of funding sources and dollar amounts.
(4) A transfer approved pursuant to this section shall constitute authorization to transfer the amount recommended and approved. However, the amount shall be reduced by the state budget director to be within the current unobligated amount of the appropriation.
(5) Capital outlay appropriations may be transferred from a state agency, community college, or institution of higher education to provide necessary funds for the completion of an authorized capital outlay project. Operating appropriations shall not be transferred into an existing capital outlay account.
(6) Transfers shall not be authorized under any of the following circumstances:
(a) To create a new line-item appropriation or to create a new state program.
(b) To or from an operating appropriation line-item that did not appear in the fiscal year appropriation bills for which the transfer is being made.
(c) To or from a work project as designated under section 451a.
(d) Between state governmental funds.
(7) Transfers of appropriations for financing sources shall be made concurrently with related transfers of appropriations for line expenditure items.
History: 1984, Act 431, Eff. Mar. 29, 1985
Am. 1988, Act 504, Imd. Eff. Dec. 29, 1988
Am. 1999, Act 8, Imd. Eff. Mar. 22, 1999
Am. 2012, Act 430, Imd. Eff. Dec. 21, 2012
Popular Name: Act 431
Popular Name: DMB
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