April 27, 2010, Introduced by Reps. Spade, LeBlanc, Polidori, Gonzales, Moss, DeShazor, Slavens, Walsh, Agema, Booher, Bledsoe, Geiss, Green, Ball, Durhal, Mayes, Hildenbrand and Roy Schmidt and referred to the Committee on Judiciary.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending section 371 (MCL 18.1371), as amended by 2007 PA 2.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 371. (1) An employee of a state agency shall not make or
authorize an expenditure or incur an obligation that results in the
agency exceeding the gross appropriation level of an appropriation
line item made to that agency by the legislature. The chief
executive officer and the chief financial officer of a state agency
are responsible for any action taken by a state agency that results
in exceeding an appropriation. The chief executive officer of a
state agency shall report a violation of this subsection
immediately to the director and the chairpersons of the senate and
house appropriations committees, together with a statement of any
action taken to remedy the occurrence.
(2) Within 15 days after a bill appropriating an amount is
enacted into law, the amount appropriated shall be divided into
allotments by department and by state agency based on periodic
requirements to represent a spending plan. The state budget
director shall review the allotments. Not later than June 1 of each
year, the director shall submit to the chairpersons of the
appropriations committees and the fiscal agencies a report that
provides estimates as to which departments are spending at a rate
that would exceed the level of the appropriation for the fiscal
year. This report shall include recommendations as to actions that
need to be taken to ensure that actual expenditures do not exceed
the appropriation at the close of the fiscal year. When it appears
that a spending plan, or sources of financing related to a spending
plan, do not provide the level of program service assumed in the
appropriation for the fiscal year, the state budget director shall
immediately notify the chairpersons and minority chairpersons of
the appropriations committees, the chairpersons and minority
chairpersons of the appropriate appropriations subcommittees, and
the fiscal agencies.
(3) An officer or employee of a state agency who makes or
authorizes an expenditure or incurs an obligation knowing that the
expenditure or obligation will result in the state agency exceeding
the gross appropriation level of an appropriation line item made to
the state agency by the legislature is guilty of a misdemeanor
punishable by imprisonment for not more than 30 days or a fine of
not more than $500.00, or both.