HB-4338, As Passed Senate, July 1, 2004                                     

    SENATE SUBSTITUTE FOR

    HOUSE BILL NO. 4338

(As amended, July 1, 2004)                                                  

                                                                             A bill to amend 1976 PA 451, entitled                                             

"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,"                     

by amending sections 613 and 624 (MCL 380.613 and 380.624),                 

section 613 as amended by 2003 PA 299 and section 624 as amended            

by 1995 PA 289, and by adding sections 614a, 619, 621a, and 1107.           

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 613.  (1) The intermediate school board shall meet                     

2   annually on or before the fourth Monday of December or, if the              

3   intermediate school district's regular election is in May, on or            

4   before the fourth Monday of June.                                           

5   (2) The intermediate school board shall organize by electing                

6   a president, a vice-president, a secretary, and a treasurer.                

7   The Until July 1, 2005, the president and vice-president shall            

8   be members of the intermediate school board, but the secretary              

9   and treasurer need not be.  Beginning July 1, 2005, all officers            

1   shall be members of the intermediate school board.

2   (3) The officers shall perform duties provided by law and                   

3   prescribed by the policies and regulations of the intermediate              

4   school board not inconsistent with this part or other laws of the           

5   state.                                                                      

6   (4) The treasurer shall post with the secretary a bond in an                

7   amount approved by the intermediate school board, conditioned               

8   upon the faithful performance of the treasurer's duties.                    

9   Sec. 614a.  (1) A member of an intermediate school board                    

10  elected under section 614 at a biennial election meeting                    

11  described in section 614(1) or appointed to fill a vacancy under            

12  section 614 is subject to recall by the intermediate school                 

13  electors of the intermediate school district in the manner                  

14  prescribed in chapter XXXVI of the Michigan election law, MCL               

15  168.951 to 168.976.                                                         

16      (2) A member of an intermediate school board elected under                  

17  section 614 at a biennial election meeting described in section             

18  614(1) or appointed to fill a vacancy under section 614 may be              

19  removed from office by the boards of the constituent districts.             

20  A member is removed from office under this subsection if a number           

21  of the boards of the constituent districts at least equal to a              

22  majority of the boards plus 1 adopt resolutions requesting                  

23  removal of the member and file those resolutions within a 60-day            

24  period with the secretary of the intermediate school board.                 

25  However, if the secretary of the intermediate school board is the           

26  subject of the removal resolution, a constituent district board             

27  may file the resolution with another officer of the intermediate            

1   school board.                                                               

2       (3) A member of an intermediate school board elected under                  

3   section 614 at a biennial election meeting described in section             

4   614(1) or appointed to fill a vacancy under section 614 may be              

5   removed from office by the governor as prescribed in section 619.

6   Sec. 619.  (1) The governor may remove a member of an                       

7   intermediate school board from office under this section if the             

8   governor is satisfied from the evidence submitted to the governor           

9   that the member is guilty of gross neglect of duty, corrupt                 

10  conduct in office, or any other misfeasance or malfeasance in               

11  office.                                                                     

12      (2) Before the governor removes an intermediate school board                

13  member under this section, all of the following procedures shall            

14  be followed:                                                                

15      (a) Charges shall be submitted to the governor in writing                   

16  specifying the grounds for removal.  The charges shall be                   

17  accompanied by any supporting evidence and by the affidavit of              

18  the person making the charges verifying that the person believes            

19  the charges to be true.                                                     

20      (b) A copy of the charges shall be served on the intermediate               

21  school board member.  Service shall be made as follows:                     

22                                                                               (i) If the intermediate school board member can be found, by                        

23  handing the intermediate school board member a copy of the                  

24  charges and of any affidavits or exhibits accompanying the                  

25  charges.                                                                    

26      (ii) If the intermediate school board member cannot be found,                

27  by leaving a copy of the charges and of any affidavits or                   

House Bill No. 4338 as amended July 1, 2004                                 

1   exhibits accompanying the charges with a person of suitable age             

2   at the intermediate school board member's last known place of               

3   residence or, if a person of suitable age is not available, by              

4   posting the copy or copies in a conspicuous place at the                    

5   intermediate school board member's last known place of                      

6   residence.                                                                  

7       (c) The intermediate school board member shall be given an                  

8   opportunity to respond to the charges.                                      

9       (3) A person removed from office under this section is not                  

10  eligible for election or appointment to a school board or                   

11  intermediate school board for a period of 3 years from the date             

12   of removal.

    <<Sec. 621a.  An intermediate school board shall establish a policy requiring intermediate school board approval of all travel outside this state by an intermediate school board member or an intermediate school district employee that is paid for or reimbursed by the intermediate school district.>>

13      Sec. 624.  (1) Not later than April 1 of each year, the                     

14  intermediate school board shall prepare an annual general fund              

15  operating budget, which shall be in the form prescribed by the              

16  county tax allocation board, and shall file the budget with the             

17  county clerk of each county in which the intermediate school                

18  board is situated except a county that has established separate             

19  tax limitation millage rates pursuant to sections 5a to 5l of the           

20  property tax limitation act,  Act No. 62 of the Public Acts of              

21  1933, being sections 211.205a to 211.205l of the Michigan

22  Compiled Laws 1933 PA 62, MCL 211.205a to 211.205l.  Each county           

23  clerk receiving the budget shall deliver it to the county tax               

24  allocation board in the same manner as other school district                

25  budgets are handled.                                                        

26      (2)  Not later than June 1 of each year, the board shall                    

27  submit the budget, for review, to a meeting of 1 board member               

1   named from each constituent district to represent the district.             

2   At the meeting the president of the intermediate school board               

3   shall preside, and the intermediate secretary shall keep the                

4   minutes. An intermediate school board shall have its proposed              

5   budget reviewed by its constituent districts each year as                   

6   follows:                                                                    

7       (a) Not later than May 1 of each year, the intermediate                     

8   school board shall submit its proposed budget for the next school           

9   fiscal year to the board of each constituent district for                   

10  review.                                                                     

11      (b) Not later than June 1 of each year, the board of each                   

12  constituent district shall review the proposed intermediate                 

13  school district budget, shall adopt a board resolution expressing           

14  its support for or disapproval of the proposed intermediate                 

15  school district budget, and shall submit to the intermediate                

16  school board any specific objections and proposed changes the               

17  constituent district board has to the budget.  If an intermediate           

18  school board receives any specific objections or proposed                   

19  changes, the intermediate school board shall consider the                   

20  proposed budget changes.

21      (3) The tax allocation board shall receive the budget from                  

22  its county clerk and shall allocate a tax rate to the                       

23  intermediate school district.  Not later than September 1 of each           

24  year, or not later than 5 days after the election if taxes are              

25  authorized at an election held pursuant to section 36(2) of the             

26  general property tax act,  Act No. 206 of the Public Acts of                

27  1893, being section 211.36 of the Michigan Compiled Laws 1893 PA           

1   206, MCL 211.36, the secretary of the intermediate school board             

2   shall file a certified copy of the resolution of the intermediate           

3   school board certifying the taxes to be levied on the taxable               

4   property within the intermediate school district with the clerk             

5   of each city and township in which the district is situated.                

6       (4) As used in this section, "general fund operating budget"                

7   means the budget that includes revenues from the intermediate               

8   school district's share of mills as determined by the tax                   

9   allocation board or by referendum and state school aid.                     

10  Disbursements from the general fund operating budget shall apply            

11  to those expenditures required for the operation of all                     

12  intermediate school district programs except cooperative                    

13  education, special education, and vocational education, and may             

14  apply to any expenditures from the general fund to assist with              

15  the costs of cooperative education, special education, and                  

16  vocational education.                                                       

17  Sec. 1107.  (1) The governor may remove a member of a school                

18  board from office under this section if the governor is satisfied           

19  from the evidence submitted to the governor that the member is              

20  guilty of gross neglect of duty, corrupt conduct in office, or              

21  any other misfeasance or malfeasance in office.                             

22      (2) Before the governor removes a school board member under                 

23  this section, all of the following procedures shall be followed:            

24      (a) Charges shall be submitted to the governor in writing                   

25  specifying the grounds for removal.  The charges shall be                   

26  accompanied by any supporting evidence and by the affidavit of              

27  the person making the charges verifying that the person believes            

1   the charges to be true.                                                     

2       (b) A copy of the charges shall be served on the school board               

3   member.  Service shall be made as follows:                                  

4   (i) If the school board member can be found, by handing the                         

5   school board member a copy of the charges and of any affidavits             

6   or exhibits accompanying the charges.                                       

7       (ii) If the school board member cannot be found, by leaving a                

8   copy of the charges and of any affidavits or exhibits                       

9   accompanying the charges with a person of suitable age at the               

10  school board member's last known place of residence or, if a                

11  person of suitable age is not available, by posting the copy or             

12  copies in a conspicuous place at the school board member's last             

13  known place of residence.                                                   

14      (c) The school board member shall be given an opportunity to                

15  respond to the charges.                                                     

16      (3) A person removed from office under this section is not                  

17  eligible for election or appointment to a school board or                   

18  intermediate school board for a period of 3 years from the date             

19  of removal.