UNIFORM BUDGETING AND ACCOUNTING ACT
Act 2 of 1968
141.437 General appropriations act; amendment; reports; recommendations.
Sec. 17.
(1) Except as otherwise provided in section 19, a deviation from the original general appropriations act shall not be made without amending the general appropriations act. Subject to section 16(2), the legislative body of the local unit shall amend the general appropriations act as soon as it becomes apparent that a deviation from the original general appropriations act is necessary and the amount of the deviation can be determined. An amendment shall indicate each intended alteration in the purpose of each appropriation item affected by the amendment. The legislative body may require that the chief administrative officer or fiscal officer provide it with periodic reports on the financial condition of the local unit.
(2) If, during a fiscal year, it appears to the chief administrative officer or to the legislative body that the actual and probable revenues from taxes and other sources in a fund are less than the estimated revenues, including an available surplus upon which appropriations from the fund were based and the proceeds from bonds or other obligations issued under the fiscal stabilization act, 1981 PA 80, MCL 141.1001 to 141.1011, or the balance of the principal of these bonds or other obligations, the chief administrative officer or fiscal officer shall present to the legislative body recommendations which, if adopted, would prevent expenditures from exceeding available revenues for that current fiscal year. The recommendations shall include proposals for reducing appropriations from the fund for budgetary centers in a manner that would cause the total of appropriations to not be greater than the total of revised estimated revenues of the fund, or proposals for measures necessary to provide revenues sufficient to meet expenditures of the fund, or both. The recommendations shall recognize the requirements of state law and the provisions of collective bargaining agreements.
History: Add. 1978, Act 621, Eff. Apr. 1, 1980 ;-- Am. 1981, Act 77, Imd. Eff. June 30, 1981 ;-- Am. 1995, Act 41, Imd. Eff. May 22, 1995 ;-- Am. 2000, Act 493, Imd. Eff. Jan. 11, 2001
Notes of Decisions
Detroit City Council v. Stecher, 421 N.W.2d 544 (Mich. 1988).
· cites it 10× “MCL 141.437; MSA 5.3228(37). The council may only accept or reject the proposals as submitted by the mayor.”
Detroit Fire Fighters Ass'n v. City of Detroit, 537 N.W.2d 436 (Mich. 1995).
· cites it 2× “or to the legislative body that the actual and probable revenues from taxes and other sources in a fund are less than the estimated revenues, ... the chief administrative officer or fiscal officer shall present to the legislative body recommendations which, if adopted, would…”
Detroit City Council v. Mayor of Detroit, 537 N.W.2d 177 (Mich. 1995).
· cites it 4× “In so ruling, the Court relied on § 17 of the Uniform Budgeting and Accounting Act (UBAA), MCL 141.437; MSA 5.3228(37). [6] The Court of Appeals disagreed with the circuit court that the proposed savings plan did not include "deviations" from the original budget under § 17…”
Rayford v. City of Detroit, 347 N.W.2d 210 (Mich. Ct. App. 1984).
· cites it 2× “The trial court denied defendants’ motions and, treating plaintiffs’ motion as one for summary judgment, granted it, on the ground that defendants had violated § 17 of the Uniform Budgeting and Accounting Act, MCL 141.437; MSA 5.3228(37). Defendants’ motion for a stay of the…”
Detroit City Council v. Stecher, 396 N.W.2d 444 (Mich. Ct. App. 1986).
· cites it 2× “[MCL 141.437; MSA 5.3228(37).] Contrary to the trial court’s conclusions, the council is not limited to making only those amendments which are requested by the mayor.”
Detroit Fire Fighters Ass'n v. City of Detroit, 501 N.W.2d 202 (Mich. Ct. App. 1993).
· cites it 4× “See Detroit City Council v Stecher, 430 Mich 74, 83-85 ; 421 NW2d 544 (1988), Detroit Charter, § 8-211, and MCL 141.437; MSA 5.3228(37). Defendants have not shown that the procedures were followed.”
Detroit City Council v. Detroit Mayor, 509 N.W.2d 797 (Mich. Ct. App. 1993).
“The recommendations shall include proposals for reducing appropriations from the fund for budgetary centers in a manner that would cause the total of appropriations to not be greater than the total of revised estimated revenues of the fund, or proposals for measures necessary to…”
MacOmb Cnty. Prosecutor v. MacOmb Cnty. Exec. (Mich. Ct. App. 2022).
· cites it 5× “-10- Lastly, Section IV concluded that the mayor’s impoundment of the appropriated funds at issue violated both MCL 141.437 of the UBAA14 and Detroit Charter §§ 8–210, 8–211 because both the statute and the charter “require[] joint action of the mayor and of the city council”…”
Comm. for Marshall-Not the Megasite v. City of Marshall (Mich. Ct. App. 2024).
“10 Additionally, because of the nature of the zoning change at issue and the specified parcel to which it applied, an appropriation to pay for costs associated with the later development contemplated by the zoning 10 Citing MCL 141.437(1), the Committee claims that all…”
Matthew Schafer v. Kent Cnty. (Mich. 2024).
“436(7); MCL 141.437(2). 83 See, e.g., Bauserman v Unemployment Ins Agency, 509 Mich 673 , 704; 983 NW2d 855 (2022) (“The state is prohibited from violating the rights the Constitution guarantees.”
Lynette Hathon v. State of Michigan (Mich. 2024).
“436(7); MCL 141.437(2). 83 See, e.g., Bauserman v Unemployment Ins Agency, 509 Mich 673 , 704; 983 NW2d 855 (2022) (“The state is prohibited from violating the rights the Constitution guarantees.”
— Mich. Comp. Laws § 141.437(1) — 2 cases
MacOmb Cnty. Prosecutor v. MacOmb Cnty. Exec. (Mich. Ct. App. 2022).
“-10- Lastly, Section IV concluded that the mayor’s impoundment of the appropriated funds at issue violated both MCL 141.437 of the UBAA14 and Detroit Charter §§ 8–210, 8–211 because both the statute and the charter “require[] joint action of the mayor and of the city council”…”
Comm. for Marshall-Not the Megasite v. City of Marshall (Mich. Ct. App. 2024).
“10 Additionally, because of the nature of the zoning change at issue and the specified parcel to which it applied, an appropriation to pay for costs associated with the later development contemplated by the zoning 10 Citing MCL 141.437(1), the Committee claims that all…”
— Mich. Comp. Laws § 141.437(2) — 3 cases
MacOmb Cnty. Prosecutor v. MacOmb Cnty. Exec. (Mich. Ct. App. 2022).
“-10- Lastly, Section IV concluded that the mayor’s impoundment of the appropriated funds at issue violated both MCL 141.437 of the UBAA14 and Detroit Charter §§ 8–210, 8–211 because both the statute and the charter “require[] joint action of the mayor and of the city council”…”
Matthew Schafer v. Kent Cnty. (Mich. 2024).
“436(7); MCL 141.437(2). 83 See, e.g., Bauserman v Unemployment Ins Agency, 509 Mich 673 , 704; 983 NW2d 855 (2022) (“The state is prohibited from violating the rights the Constitution guarantees.”
Lynette Hathon v. State of Michigan (Mich. 2024).
“436(7); MCL 141.437(2). 83 See, e.g., Bauserman v Unemployment Ins Agency, 509 Mich 673 , 704; 983 NW2d 855 (2022) (“The state is prohibited from violating the rights the Constitution guarantees.”
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