| 1 | 1 | | SENATE BILL NO. 316 A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 115, 241, 305, and 404 (MCL 18.1115, 18.1241, 18.1305, and 18.1404), section 115 as amended by 2018 PA 389, section 241 as amended by 2012 PA 430, and sections 305 and 404 as amended by 1999 PA 8. the people of the state of michigan enact: Sec. 115. (1) "Institution of higher education" or "university" means a state supported 4-year college or university. (1) (2) "Information technology services" means services involving all aspects of managing and processing information, including, but not limited to, all of the following: (a) Application development and maintenance. (b) Desktop computer support and management. (c) Mainframe computer support and management. (d) Server support and management. (e) Local area network support and management, including, but not limited to, wireless networking. (f) Information technology project management. (g) Information technology planning and budget management. (h) Telecommunication services, security, infrastructure, and support. (2) "Institution of higher education" or "university" means a state-supported 4-year college or university. (3) "JCOS" means the joint capital outlay subcommittee of the appropriations committees. (4) "Qualitative components" may include, but are not limited to, all of the following: (a) Technical design. (b) Technical approach. (c) Quality of proposed personnel. (d) Management plans. (5) (4) Except as used in sections 284 to 292, "record" means a public record, as that term is defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232. (6) "Responsive and responsible best value bidder" means a bidder that meets all the following: (a) A bidder that complies with all bid specifications and requirements. (b) A bidder that has been determined by the department to be responsible by the following criteria: (i) The bidder's financial resources. (ii) The bidder's technical capabilities. (iii) The bidder's professional experience. (iv) The bidder's past performance. (v) The bidder's insurance and bonding capacity. (vi) The bidder's business integrity. (c) A bidder that has been selected by the department through a selection process that evaluates the bid on both price and qualitative components to determine what is the best value for this state. (7) (5) "State agency" means a department, board, commission, office, agency, authority, or other unit of state government. State agency does not include an institution of higher education or a community college or, for purposes of article 2 or 3, the legislative branch of government. For purposes of article 2 or 3, except for those sections pertaining to the authorization, planning, construction, and funding of a capital outlay project, including construction of a facility to house offices or functions necessary for operation of the judicial branch of government, state agency does not include the judicial branch of government. (8) (6) "Unit of local government" means a political subdivision of this state, including school districts, community college districts, intermediate school districts, cities, villages, townships, counties, and authorities, if the political subdivision has as its primary purpose the providing of local governmental service for citizens in a geographically limited area of the state and has the power to act primarily on behalf of that area. Sec. 241. (1) Except for the contracts permitted in section 240, a contract shall must not be awarded for the construction, repair, remodeling, or demolition of a facility unless the contract is let pursuant to in accordance with a bidding procedure that is approved by the board. The department shall issue directives prescribing procedures to be used to implement this section. The procedures shall must require a competitive solicitation in the award of any contract for construction, repair, remodeling, or demolition of a facility. (2) The department may award or approve the award, if the board approves, of construction contracts to construct a project for which the director is the agent and may expend, for the purposes and in the manner set forth, the amounts appropriated. The director is not the agent for a community college or institution of higher education, but may act in that capacity upon the specific request of a community college or institution of higher education. (3) In awarding a contract under this section, the department shall give a preference of up to 10% of the amount of the contract to a qualified disabled veteran, as that term is defined in section 261. If the qualified disabled veteran otherwise meets the requirements of the contract solicitation and with the preference is the lowest bidder, the department shall must enter into a construction contract with the qualified disabled veteran under this act. If 2 or more qualified disabled veterans are the lowest bidders on a contract, all other things being equal, the qualified disabled veteran with the lowest bid shall must be awarded the contract under this act. (4) Subject to subsection (3), for projects funded in whole or part with state funds, the construction contract award shall be made to the responsive and responsible best value bidder. As used in this subsection, "responsive and responsible best value bidder" means a bidder who meets all the following: (a) A bidder who complies with all bid specifications and requirements. (b) A bidder who has been determined by the department to be responsible by the following criteria: (i) The bidder's financial resources. (ii) The bidder's technical capabilities. (iii) The bidder's professional experience. (iv) The bidder's past performance. (v) The bidder's insurance and bonding capacity. (vi) The bidder's business integrity. (c) A bidder who has been selected by the department through a selection process that evaluates the bid on both price and qualitative components to determine what is the best value for this state. Qualitative components may include, but are not limited to, all of the following: (i) Technical design. (ii) Technical approach. (iii) Quality of proposed personnel. (iv) Management plans. Sec. 305. (1) "Total state spending" means the sum of state operating fund expenditures, not including transfers between funds. (2) "Total state spending from state sources" means the sum of state operating fund expenditures not including transfers between funds, federal aid, and restricted local and private sources of financing. (3) "Transfer payments" means as defined by the bureau Bureau of economic analysis Economic Analysis of the United States department Department of commerce Commerce or its successor. (4) "Unit of local government" means unit of local government as defined in section 115(5). Sec. 404. (1) "Revenues" means the increases in the net current assets of a fund other than from expenditure refunds and residual equity transfers. (2) "Revolving fund" means a self-supporting fund which provides services or sells goods to state agencies, other governmental jurisdictions, or the public. (3) "Unencumbered balance" means that portion of an appropriation not yet expended and encumbered. (4) "Unexpended balance" means that portion of an appropriation not yet expended. (5) "Unit of local government" means unit of local government as defined by section 115(5). (5) (6) "Work project" means a 1-time nonrecurring undertaking for the purpose of accomplishing an objective contained in specific line-item appropriation for that purpose or any other specific line-item appropriation designated as a work project by law under criteria established under section 451a(1). Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 317 of the 102nd Legislature is enacted into law. |
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| 23 | 23 | | SENATE BILL NO. 316 |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1984 PA 431, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "The management and budget act," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending sections 115, 241, 305, and 404 (MCL 18.1115, 18.1241, 18.1305, and 18.1404), section 115 as amended by 2018 PA 389, section 241 as amended by 2012 PA 430, and sections 305 and 404 as amended by 1999 PA 8. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 115. (1) "Institution of higher education" or "university" means a state supported 4-year college or university. |
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| 36 | 36 | | |
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| 37 | 37 | | (1) (2) "Information technology services" means services involving all aspects of managing and processing information, including, but not limited to, all of the following: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) Application development and maintenance. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) Desktop computer support and management. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) Mainframe computer support and management. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) Server support and management. |
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| 46 | 46 | | |
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| 47 | 47 | | (e) Local area network support and management, including, but not limited to, wireless networking. |
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| 48 | 48 | | |
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| 49 | 49 | | (f) Information technology project management. |
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| 50 | 50 | | |
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| 51 | 51 | | (g) Information technology planning and budget management. |
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| 52 | 52 | | |
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| 53 | 53 | | (h) Telecommunication services, security, infrastructure, and support. |
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| 54 | 54 | | |
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| 55 | 55 | | (2) "Institution of higher education" or "university" means a state-supported 4-year college or university. |
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| 56 | 56 | | |
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| 57 | 57 | | (3) "JCOS" means the joint capital outlay subcommittee of the appropriations committees. |
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| 58 | 58 | | |
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| 59 | 59 | | (4) "Qualitative components" may include, but are not limited to, all of the following: |
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| 60 | 60 | | |
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| 61 | 61 | | (a) Technical design. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) Technical approach. |
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| 64 | 64 | | |
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| 65 | 65 | | (c) Quality of proposed personnel. |
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| 66 | 66 | | |
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| 67 | 67 | | (d) Management plans. |
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| 68 | 68 | | |
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| 69 | 69 | | (5) (4) Except as used in sections 284 to 292, "record" means a public record, as that term is defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232. |
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| 70 | 70 | | |
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| 71 | 71 | | (6) "Responsive and responsible best value bidder" means a bidder that meets all the following: |
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| 72 | 72 | | |
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| 73 | 73 | | (a) A bidder that complies with all bid specifications and requirements. |
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| 74 | 74 | | |
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| 75 | 75 | | (b) A bidder that has been determined by the department to be responsible by the following criteria: |
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| 76 | 76 | | |
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| 77 | 77 | | (i) The bidder's financial resources. |
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| 78 | 78 | | |
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| 79 | 79 | | (ii) The bidder's technical capabilities. |
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| 80 | 80 | | |
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| 81 | 81 | | (iii) The bidder's professional experience. |
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| 82 | 82 | | |
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| 83 | 83 | | (iv) The bidder's past performance. |
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| 84 | 84 | | |
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| 85 | 85 | | (v) The bidder's insurance and bonding capacity. |
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| 86 | 86 | | |
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| 87 | 87 | | (vi) The bidder's business integrity. |
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| 88 | 88 | | |
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| 89 | 89 | | (c) A bidder that has been selected by the department through a selection process that evaluates the bid on both price and qualitative components to determine what is the best value for this state. |
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| 90 | 90 | | |
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| 91 | 91 | | (7) (5) "State agency" means a department, board, commission, office, agency, authority, or other unit of state government. State agency does not include an institution of higher education or a community college or, for purposes of article 2 or 3, the legislative branch of government. For purposes of article 2 or 3, except for those sections pertaining to the authorization, planning, construction, and funding of a capital outlay project, including construction of a facility to house offices or functions necessary for operation of the judicial branch of government, state agency does not include the judicial branch of government. |
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| 92 | 92 | | |
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| 93 | 93 | | (8) (6) "Unit of local government" means a political subdivision of this state, including school districts, community college districts, intermediate school districts, cities, villages, townships, counties, and authorities, if the political subdivision has as its primary purpose the providing of local governmental service for citizens in a geographically limited area of the state and has the power to act primarily on behalf of that area. |
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| 94 | 94 | | |
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| 95 | 95 | | Sec. 241. (1) Except for the contracts permitted in section 240, a contract shall must not be awarded for the construction, repair, remodeling, or demolition of a facility unless the contract is let pursuant to in accordance with a bidding procedure that is approved by the board. The department shall issue directives prescribing procedures to be used to implement this section. The procedures shall must require a competitive solicitation in the award of any contract for construction, repair, remodeling, or demolition of a facility. |
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| 96 | 96 | | |
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| 97 | 97 | | (2) The department may award or approve the award, if the board approves, of construction contracts to construct a project for which the director is the agent and may expend, for the purposes and in the manner set forth, the amounts appropriated. The director is not the agent for a community college or institution of higher education, but may act in that capacity upon the specific request of a community college or institution of higher education. |
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| 98 | 98 | | |
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| 99 | 99 | | (3) In awarding a contract under this section, the department shall give a preference of up to 10% of the amount of the contract to a qualified disabled veteran, as that term is defined in section 261. If the qualified disabled veteran otherwise meets the requirements of the contract solicitation and with the preference is the lowest bidder, the department shall must enter into a construction contract with the qualified disabled veteran under this act. If 2 or more qualified disabled veterans are the lowest bidders on a contract, all other things being equal, the qualified disabled veteran with the lowest bid shall must be awarded the contract under this act. |
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| 100 | 100 | | |
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| 101 | 101 | | (4) Subject to subsection (3), for projects funded in whole or part with state funds, the construction contract award shall be made to the responsive and responsible best value bidder. As used in this subsection, "responsive and responsible best value bidder" means a bidder who meets all the following: |
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| 102 | 102 | | |
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| 103 | 103 | | (a) A bidder who complies with all bid specifications and requirements. |
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| 104 | 104 | | |
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| 105 | 105 | | (b) A bidder who has been determined by the department to be responsible by the following criteria: |
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| 106 | 106 | | |
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| 107 | 107 | | (i) The bidder's financial resources. |
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| 108 | 108 | | |
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| 109 | 109 | | (ii) The bidder's technical capabilities. |
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| 110 | 110 | | |
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| 111 | 111 | | (iii) The bidder's professional experience. |
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| 112 | 112 | | |
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| 113 | 113 | | (iv) The bidder's past performance. |
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| 114 | 114 | | |
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| 115 | 115 | | (v) The bidder's insurance and bonding capacity. |
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| 116 | 116 | | |
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| 117 | 117 | | (vi) The bidder's business integrity. |
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| 118 | 118 | | |
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| 119 | 119 | | (c) A bidder who has been selected by the department through a selection process that evaluates the bid on both price and qualitative components to determine what is the best value for this state. Qualitative components may include, but are not limited to, all of the following: |
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| 120 | 120 | | |
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| 121 | 121 | | (i) Technical design. |
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| 122 | 122 | | |
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| 123 | 123 | | (ii) Technical approach. |
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| 124 | 124 | | |
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| 125 | 125 | | (iii) Quality of proposed personnel. |
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| 126 | 126 | | |
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| 127 | 127 | | (iv) Management plans. |
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| 128 | 128 | | |
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| 129 | 129 | | Sec. 305. (1) "Total state spending" means the sum of state operating fund expenditures, not including transfers between funds. |
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| 130 | 130 | | |
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| 131 | 131 | | (2) "Total state spending from state sources" means the sum of state operating fund expenditures not including transfers between funds, federal aid, and restricted local and private sources of financing. |
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| 132 | 132 | | |
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| 133 | 133 | | (3) "Transfer payments" means as defined by the bureau Bureau of economic analysis Economic Analysis of the United States department Department of commerce Commerce or its successor. |
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| 134 | 134 | | |
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| 135 | 135 | | (4) "Unit of local government" means unit of local government as defined in section 115(5). |
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| 136 | 136 | | |
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| 137 | 137 | | Sec. 404. (1) "Revenues" means the increases in the net current assets of a fund other than from expenditure refunds and residual equity transfers. |
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| 138 | 138 | | |
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| 139 | 139 | | (2) "Revolving fund" means a self-supporting fund which provides services or sells goods to state agencies, other governmental jurisdictions, or the public. |
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| 140 | 140 | | |
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| 141 | 141 | | (3) "Unencumbered balance" means that portion of an appropriation not yet expended and encumbered. |
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| 142 | 142 | | |
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| 143 | 143 | | (4) "Unexpended balance" means that portion of an appropriation not yet expended. |
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| 144 | 144 | | |
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| 145 | 145 | | (5) "Unit of local government" means unit of local government as defined by section 115(5). |
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| 146 | 146 | | |
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| 147 | 147 | | (5) (6) "Work project" means a 1-time nonrecurring undertaking for the purpose of accomplishing an objective contained in specific line-item appropriation for that purpose or any other specific line-item appropriation designated as a work project by law under criteria established under section 451a(1). |
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| 148 | 148 | | |
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| 149 | 149 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 317 of the 102nd Legislature is enacted into law. |
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