HOUSE BILL No. 4243 June 11, 1997, Introduced by Reps. Agee, LaForge, Prusi, Cherry, Baade, Schermesser, Leland, Varga, Martinez, DeHart, Hanley, Anthony, Brewer, Wojno and Callahan and referred to the Committee on Public Retirement. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 504a, 506, 514a, and 516 (MCL 380.504a, 380.506, 380.514a, and 380.516), sections 504a and 514a as amended by 1995 PA 289, section 506 as added by 1993 PA 362, and section 516 as added by 1994 PA 416. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 504a. In addition to other powers set forth in this 2 part, a public school academy may take action to carry out the 3 purposes for which it was incorporated under this part, includ- 4 ing, but not limited to, all of the following: 5 (a) To sue and be sued in its name. 6 (b) To acquire, hold, and own in its own name real and 7 personal property, or interests in real or personal property, for 8 educational purposes by purchase, gift, grant, devise, bequest, 00691'97 ** TAV 2 1 lease, sublease, installment purchase agreement, land contract, 2 option, or condemnation, and subject to mortgages, security 3 interests, or other liens; and to sell or convey the property as 4 the interests of the public school academy require. 5 (c) To receive and disburse funds for lawful purposes. 6 (d)ToSUBJECT TO SECTION 506(2), TO enter into binding 7 legal agreements with persons or entities as necessary for the 8 operation, management, and maintenance of the public school 9 academy. 10 (e) To incur temporary debt in accordance with 11 section 1225. 12 (f) To solicit and accept any grants or gifts for educa- 13 tional purposes and to establish or permit to be established on 14 its behalf 1 or more nonprofit corporations the purpose of which 15 is to assist the public school academy in the furtherance of its 16 public purposes. 17 Sec. 506. (1)ASUBJECT TO SUBSECTION (2), A public 18 school academy, with the approval of the authorizing body, may 19 employ or contract with personnel as necessary for the operation 20 of the public school academy, prescribe their duties, and fix 21 their compensation. 22 (2) IF A PUBLIC SCHOOL ACADEMY WAS OPERATED AS A SCHOOL OR 23 PROGRAM OF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT 24 BEFORE BEING OPERATED AS A PUBLIC SCHOOL ACADEMY, THE INSTRUC- 25 TIONAL PERSONNEL OF THE PUBLIC SCHOOL ACADEMY SHALL BE EMPLOYED 26 IN A MANNER THAT ENSURES THAT THOSE EMPLOYEES ARE MEMBERS OF THE 27 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM UNDER THE PUBLIC 00691'97 ** 3 1 SCHOOL EMPLOYEES' RETIREMENT ACT OF 1979, 1980 PA 300, MCL 2 38.1301 TO 38.1408. 3 Sec. 514a. In addition to other powers set forth in this 4 part, a public school academy may take action to carry out the 5 purposes for which it was incorporated under this part, includ- 6 ing, but not limited to, all of the following: 7 (a) To sue and be sued in its name. 8 (b) To acquire, hold, and own in its own name real and per- 9 sonal property, or interests in real or personal property, for 10 educational purposes by purchase, gift, grant, devise, bequest, 11 lease, sublease, installment purchase agreement, land contract, 12 option, or condemnation, and subject to mortgages, security 13 interests, or other liens; and to sell or convey the property as 14 the interests of the public school academy require. 15 (c) To receive and disburse funds for lawful purposes. 16 (d)ToSUBJECT TO SECTION 516(2), TO enter into binding 17 legal agreements with persons or entities as necessary for the 18 operation, management, and maintenance of the public school 19 academy. 20 (e) To incur temporary debt in accordance with 21 section 1225. 22 (f) To solicit and accept any grants or gifts for educa- 23 tional purposes and to establish or permit to be established on 24 its behalf 1 or more nonprofit corporations the purpose of which 25 is to assist the public school academy in the furtherance of its 26 public purposes. 00691'97 ** 4 1 Sec. 516. (1)ASUBJECT TO SUBSECTION (2), A public 2 school academy, with the approval of the authorizing body, may 3 employ or contract with personnel as necessary for the operation 4 of the public school academy, prescribe their duties, and fix 5 their compensation. 6 (2) IF A PUBLIC SCHOOL ACADEMY WAS OPERATED AS A SCHOOL OR 7 PROGRAM OF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT 8 BEFORE BEING OPERATED AS A PUBLIC SCHOOL ACADEMY, THE INSTRUC- 9 TIONAL PERSONNEL OF THE PUBLIC SCHOOL ACADEMY SHALL BE EMPLOYED 10 IN A MANNER THAT ENSURES THAT THOSE EMPLOYEES ARE MEMBERS OF THE 11 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM UNDER THE PUBLIC 12 SCHOOL EMPLOYEES' RETIREMENT ACT OF 1979, 1980 PA 300, MCL 13 38.1301 TO 38.1408. 00691'97 ** Final page. TAV