STATE DISBURSEMENTS TO LOCAL UNITS OF GOVERNMENT
Act 101 of 1979
21.232 Definitions; A to D.
Sec. 2.
(1) "Activity" means a specific and identifiable administrative action of a local unit of government. The provision of a benefit for, or the protection of, public employees of a local unit of government is not an administrative action.
(2) "Board" means the local government claims review board created by this act.
(3) "Court requirement" means a new activity or service or an increase in the level of activity or service beyond that required by existing law which is required of a local unit of government in order to comply with a final state or federal court order arising from the interpretation of the constitution of the United States, the state constitution of 1963, an existing law, or a federal statute, rule, or regulation. Court requirement includes a state law whose enactment is required by a final state or federal court order.
(4) "De minimus cost" means a net cost to a local unit of government resulting from a state requirement which does not exceed $300.00 per claim.
(5) "Department" means the department of management and budget.
(6) "Director" means the director of the department of management and budget.
(7) "Due process requirement" means a statute or rule which involves the administration of justice, notification and conduct of public hearings, procedures for administrative and judicial review of action taken by a local unit of government or the protection of the public from malfeasance, misfeasance, or nonfeasance by an official of a local unit of government, and which involves the provision of due process as it is defined by state and federal courts when interpreting the federal constitution or the state constitution of 1963.
History: 1979, Act 101, Imd. Eff. Aug. 3, 1979
Compiler's Notes:
Former MCL 21.242, which pertained to payment of expenses of certain state officers, was repealed by Act 208 of 1962.
Notes of Decisions
Adair v. State of Michigan (2010)
mich · cites it 16×
“233(6) and were not de minimis under MCL 21.232(4). [34] Finally, defendants and the dissent argue that plaintiffs cannot prevail because even if the school districts incurred necessary increased costs, they did not quantify the exact amount of those costs.”
Oakland County v. State of Mich. (1997)
mich · cites it 14×
“§ 21.232(1); M.S.A. § 5.3194(602)(1). It defines a "service" as "a specific and identifiable program of a local unit of government which is available to the general public or is provided for the citizens of the local unit of government.”
Adair v. Michigan (2014)
mich · cites it 6×
“233(6)(c); MCL 21.232(4). 35 See Bailey v Jones, 243 Mich 159, 162 ; 219 NW 629 (1928).”
Adair v. State (2013)
michctapp · cites it 9×
“MCL 21.232; MCL 21.233; MCL 21.234; Owczarek, supra.”
Judicial Attorneys Ass'n v. State (1999)
mich · cites it 3×
“[MCL § 21.232(1); MSA § 5.3194(602)(1).] "Service" means a specific and identifiable program of a local unit of government which is available to the general public or is provided for the citizens of the local unit of government.”
Adair v. State of Michigan (2016)
michctapp · cites it 3×
“Finally, during a trial on the merits of plaintiffs’ remaining POUM claims, the special master granted defendants’ motion for involuntary dismissal after plaintiffs’ lead counsel indicated during his opening statement that plaintiffs would not attempt to prove a specific dollar…”
Schmidt v. Department of Education (1992)
mich · cites it 2×
“MCL 21.232(1); MSA 5.3194(602)(1) provides: "Activity" means a specific and identifiable administrative action of a local unit of government.”
Mayor of Detroit v. State (1998)
michctapp · cites it 2×
“§ 21.232(1); M.S.A. § 5.3194(602)(1).] "Service" means a specific and identifiable program of a local unit of government which is available to the general public or is provided for the citizens of the local unit of government.”
Adair v. State (2008)
michctapp
“Likewise, our Supreme Court has recognized the need to determine with specificity the amount of necessary costs incurred for a mandated *512 activity, including whether such costs fall within the de minimis exclusion of MCL 21.232(4). Oakland Co v Michigan, 456 Mich 144, 165 ;…”
Owczarek v. State (2007)
michctapp · cites it 5×
“According to MCL 21.232(1), "[a]ctivity” means a specific and identifiable administrative action of a local unit of government.”
City of Adrian v. Michigan (1985)
mich
“The Court of Claims also rejected plaintiffs’ claim under the Headlee Amendment, finding that overtime compensation for fire fighters was "[t]he provision of a benefit for, or the protection of, public employees of a local unit of government,” and therefore was excluded from the…”
— Mich. Comp. Laws § 21.232(1) — 8 cases
Judicial Attorneys Ass'n v. State (1999)
mich
“[MCL § 21.232(1); MSA § 5.3194(602)(1).] "Service" means a specific and identifiable program of a local unit of government which is available to the general public or is provided for the citizens of the local unit of government.”
Adair v. State (2013)
michctapp
“MCL 21.232; MCL 21.233; MCL 21.234; Owczarek, supra.”
Adair v. State of Michigan (2016)
michctapp
“Finally, during a trial on the merits of plaintiffs’ remaining POUM claims, the special master granted defendants’ motion for involuntary dismissal after plaintiffs’ lead counsel indicated during his opening statement that plaintiffs would not attempt to prove a specific dollar…”
Oakland County v. State of Mich. (1997)
mich
“§ 21.232(1); M.S.A. § 5.3194(602)(1). It defines a "service" as "a specific and identifiable program of a local unit of government which is available to the general public or is provided for the citizens of the local unit of government.”
Schmidt v. Department of Education (1992)
mich
“MCL 21.232(1); MSA 5.3194(602)(1) provides: "Activity" means a specific and identifiable administrative action of a local unit of government.”
— Mich. Comp. Laws § 21.232(3) — 2 cases
Oakland County v. State of Mich. (1997)
mich
“§ 21.232(1); M.S.A. § 5.3194(602)(1). It defines a "service" as "a specific and identifiable program of a local unit of government which is available to the general public or is provided for the citizens of the local unit of government.”
— Mich. Comp. Laws § 21.232(4) — 5 cases
Adair v. State of Michigan (2010)
mich
“233(6) and were not de minimis under MCL 21.232(4). [34] Finally, defendants and the dissent argue that plaintiffs cannot prevail because even if the school districts incurred necessary increased costs, they did not quantify the exact amount of those costs.”
Adair v. Michigan (2014)
mich
“233(6)(c); MCL 21.232(4). 35 See Bailey v Jones, 243 Mich 159, 162 ; 219 NW 629 (1928).”
Oakland County v. State of Mich. (1997)
mich
“§ 21.232(1); M.S.A. § 5.3194(602)(1). It defines a "service" as "a specific and identifiable program of a local unit of government which is available to the general public or is provided for the citizens of the local unit of government.”
Adair v. State (2008)
michctapp
“Likewise, our Supreme Court has recognized the need to determine with specificity the amount of necessary costs incurred for a mandated *512 activity, including whether such costs fall within the de minimis exclusion of MCL 21.232(4). Oakland Co v Michigan, 456 Mich 144, 165 ;…”
Adair v. State (2013)
michctapp
“MCL 21.232; MCL 21.233; MCL 21.234; Owczarek, supra.”
— Mich. Comp. Laws § 21.232(6) — 1 case
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