September 10, 2009, Introduced by Reps. Opsommer, Rick Jones and Kowall and referred to the Committee on Appropriations.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending section 391 (MCL 18.1391), as amended by 1988 PA 504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 391. (1) When it appears to the governor, based upon
written information received by the governor from the budget
director and the department of treasury, that actual revenues for a
fiscal period will fall below the revenue estimates on which
appropriations for that period were based, the estimates being as
determined by the legislature in accordance with section 31 of
article IV of the state constitution of 1963, the governor shall
order the director to review all appropriations made by the
legislature, except those made for the legislative and judicial
branches of government or from funds constitutionally dedicated to
specific purposes.
(2) Based upon needs, the director shall recommend to the
governor a reduction of expenditures authorized by the
appropriations, either direct or open-ended, for that fiscal year.
The governor shall review the recommendations of the director and
shall prepare an order containing reductions in expenditures
authorized so that actual revenues for the fiscal period will be
sufficient to equal the expenditures. An order shall not reduce
expenditures by establishing more than 6 paid or unpaid furlough
days for state employees in a calendar year. The governor shall
give not less than 5 days' written notice to the members of the
appropriations committees specifying a time and place for a joint
meeting of the governor and the appropriations committees, at which
the governor shall present to the appropriations committees the
governor's recommendations and copies of the governor's proposed
order.
(3) Not later than 10 days after the submission of the order
to the appropriations committees, each appropriation committee by
vote of a majority of its members elected and serving shall approve
or disapprove the order. Expenditures authorized by appropriations
shall not be reduced unless approved by both appropriations
committees. Upon approval by both appropriations committees, the
director shall implement the order.
(4) If either appropriation committee disapproves the order,
the order is without force and effect. Not later than 30 days after
a proposed order is disapproved, the governor may give reasonable
written notice of the time and place of a further joint meeting of
the appropriations committees, at which time the governor shall
submit another order reducing expenditures authorized by
appropriations. Within 10 days after the receipt of that order by
the appropriations committees, each appropriations committee, by a
majority of its members elected and serving, shall approve or
disapprove the order. Upon approval by both appropriations
committees, the director shall implement the order.
(5) After the approval by both appropriations committees
pursuant to subsection (3) or (4), a copy of the order of the
governor and resolutions of both appropriations committees
approving it shall be filed with the secretary of state and the
order shall become effective.