Bill Text: MI HB4628 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Education; reports; expenditure reporting requirements for intermediate school districts; revise. Amends sec. 620 of 1976 PA 451 (MCL 380.620).
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2009-03-19 - Printed Bill Filed 03/19/2009 [HB4628 Detail]
Download: Michigan-2009-HB4628-Introduced.html
HOUSE BILL No. 4628
March 18, 2009, Introduced by Reps. DeShazor, Lori, Lund, Haines, Moss, Opsommer, McMillin and Hildenbrand and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 620 (MCL 380.620), as added by 2004 PA 413.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 620. (1) Not later than December 31 of each year, each
intermediate school district shall post on its website a report
containing all of the following information for the immediately
preceding school fiscal year in the form and manner prescribed by
the department:
(a) All of the following general information:
(i) The amount of the intermediate school district's total
budget.
(ii) The number of full-time equated pupils served by the
intermediate school district.
(iii) The number of employees employed by the intermediate
school district.
(iv) The number of constituent districts, public school
academies, and nonpublic schools served by the intermediate school
district.
(b) Except as otherwise provided in subsection (2) and subject
to subsection (9), for each intermediate school board member or
school administrator of the intermediate school district who had
travel expenses during the school fiscal year that totaled more
than $3,000.00 and that were paid for with intermediate school
district funds, all of the following information concerning that
travel:
(i) The total cost of air travel.
(ii) The total cost of overnight lodging.
(iii) The total cost of car rental.
(iv) The total cost of meals.
(v) The dates, purpose, and locations of travel.
(vi) The name and position of the board member or
administrator.
(c) Except as otherwise provided in subsection (3) and subject
to subsection (5), for each contract, other than an employment
contract or a contract that is reported under subdivision (f), that
was entered into by the intermediate school district during the
school fiscal year and that either obligated the intermediate
school district for an amount in excess of $100,000.00; was not
competitively bid and obligated the intermediate school district
for an amount in excess of $25,000.00; or was entered into with an
entity in which an intermediate school board member or school
administrator of the intermediate school district, or a family
member of an intermediate school board member or school
administrator of the intermediate school district, was known by the
intermediate school board to have a monetary interest, a
description of the contract that includes at least all of the
following:
(i) The subject matter and cost of the contract.
(ii) Whether the contract was competitively bid or was a single
source contract.
(iii) The name and position of each individual who signed the
contract on behalf of the intermediate school district.
(d) Except as otherwise provided in subsection (3), if there
was a modification made during the school fiscal year to an
existing contract that resulted in an additional financial
obligation owed by the intermediate school district in excess of
$100,000.00 or that resulted in the total financial obligation owed
by the intermediate school district from the existing contract
exceeding $100,000.00, or was a modification to an existing
contract that was not competitively bid and the modification
resulted in an additional financial obligation owed by the
intermediate school district in excess of $25,000.00 or resulted in
the total financial obligation owed by the intermediate school
district from the existing contract exceeding $25,000.00, a
description of the modification and the total amount of the
additional and total financial obligation.
(e) Subject to subsection (4), for each intermediate school
district employee with a compensation package with a total annual
monetary value in the top 3% among the intermediate school
district's employees, all of the following:
(i) The dollar value of his or her salary.
(ii) The dollar value of all expense accounts provided for the
employee and the dollar value of all reimbursed expenses.
(iii) The dollar value of any bonus, stipend, or any other form
of supplemental compensation. As used in this subparagraph,
"supplemental compensation" means any payment or benefit made
available to that employee that is not generally made available to
all teaching, administrative, and executive-level employees of the
intermediate school district.
(f) Total costs incurred during the school fiscal year, and
the source or sources of the money expended during the school
fiscal year, for fiber optic or cable equipment and operating
system software for fiber optic or cable equipment networks. The
description of the source or sources of the money expended for
purposes described in this subdivision shall specify the amount
used from each of the separate funds maintained by the intermediate
school district and used from each other source.
(g)
Payments made Expenditures
during the school fiscal year
to
persons who were not employees of the intermediate school
district
for public relations, polling,
lobbying, or legal services
and a description of the services received by the intermediate
school district in return.
(h) For each person not included under subdivision (e) or (g)
to whom the intermediate school district was required to issue a
federal income tax form 1099 that showed payments in excess of
$25,000.00 during the school fiscal year, the total amount paid to
the individual, a description of the project or projects for which
the person was contracted, and the services provided by the person.
(i) The amount and percentage of the intermediate school
district's total budget that was spent on each of the following:
(i) Administrative costs, as defined under the Michigan public
school accounting manual.
(ii) Public relations, surveys, polling, lobbying, and legal
services.
(j) A list of all motor vehicles weighing 7,500 pounds or less
that were owned or leased by the intermediate school district
during the school fiscal year and are not reported under
subdivision (c) and a description of the purposes for which each of
these motor vehicles was used.
(2) Subsection (1)(b) does not apply to any of the following:
(a) Round-trip air travel on a scheduled airline from a
location in the Upper Peninsula to a location in the Lower
Peninsula or chartered round-trip air travel from a location in the
Upper Peninsula to a location in the Lower Peninsula if the cost of
the chartered air travel is less than the published cost of the
same air travel on a scheduled airline.
(b) Travel expenses for air or boat travel for work-related
purposes within this state between an island and the mainland.
(c) Travel expenses for travel within the boundaries of the
intermediate school district for work-related purposes.
(d) Mileage reimbursement.
(3) Subsection (1)(c) and (d) does not apply to a contract for
utilities or to a contract for an annuity or retirement benefit in
which all employees are eligible to participate unless the contract
is for payment of a commission to a third-party broker for securing
1 of those contracts.
(4) If an intermediate school district has fewer than 3
employees in the top 3% of employees as described in subsection
(1)(e), the intermediate school district shall include the
information required under subsection (1)(e) for each intermediate
school district employee with a compensation package with a total
monetary value in the top 3 among the intermediate school
district's employees. If an intermediate school district has more
than 20 employees in the top 3% of employees as described in
subsection (1)(e), the intermediate school district shall include
the information under subsection (1)(e) for each intermediate
school district employee with a compensation package with a total
monetary value in the top 20 among the intermediate school
district's employees.
(5) For the purposes of subsection (1)(c), an intermediate
school board member or school administrator of an intermediate
school district, or a family member of an intermediate school board
member or school administrator of an intermediate school district,
is not considered to have a monetary interest in any of the
following contracts:
(a) A contract between the intermediate school district and
any of the following:
(i) A corporation in which an intermediate school board member,
intermediate school district administrator, or family member is a
stockholder owning 1% or less of the total stock outstanding in any
class if the stock is not listed on a stock exchange or owning
stock that has a present market value of $25,000.00 or less if the
stock is listed on a stock exchange.
(ii) A corporation in which a trust, if an intermediate school
board member, intermediate school district administrator, or family
member is a beneficiary under the trust, owns 1% or less of the
total stock outstanding in any class if the stock is not listed on
a stock exchange or owning stock that has a present market value of
$25,000.00 or less if the stock is listed on a stock exchange.
(iii) A professional limited liability company organized
pursuant to the Michigan limited liability company act, 1993 PA 23,
MCL 450.5101 to 450.6200, if an intermediate school board member,
intermediate school district administrator, or family member is an
employee but not a member of the company.
(b) A contract between the intermediate school district and
any of the following:
(i) A corporation in which an intermediate school board member,
intermediate school district administrator, or family member is not
a director, officer, or employee.
(ii) A firm, partnership, or other unincorporated association,
in which an intermediate school board member, intermediate school
district administrator, or family member is not a partner, member,
or employee.
(iii) A corporation or firm that has an indebtedness owed to an
intermediate school board member, intermediate school district
administrator, or family member.
(c) A contract between the intermediate school district and a
constituent district.
(6) The department shall include on its website a link to the
page on each intermediate school district's website that includes
the intermediate school district's report under subsection (1).
(7) The department shall work with intermediate school
districts to determine the form and manner for the posting of the
report under subsection (1).
(8) An intermediate school district shall maintain the report
under subsection (1) on its website only for the most recent
reporting period, but shall maintain paper copies of previous
reports for at least 10 years.
(9) Beginning January 1, 2006, the monetary amount specified
in subsection (1)(b) shall be adjusted each January 1 by
multiplying the amount for the immediately preceding year by the
percentage by which the average consumer price index for all items
for the 12 months ending August 31 of the year in which the
adjustment is made differs from that index's average for the 12
months ending on August 31 of the immediately preceding year and
adding that product to the maximum amount that applied in the
immediately preceding year, rounding to the nearest whole dollar.
The adjustment shall apply only to expenditures or violations
occurring after the date of the adjusting of the amount. The
adjusted amount shall be determined and announced by the department
on or before December 15 of each year and shall be provided to all
persons requesting the adjusted amount. If the index is
unavailable, the department shall make a reasonable approximation.
(10) As used in this section:
(a) "Competitively bid" means that a contract was entered into
through a request for information, a request for proposal, or a
formal competitive bid process that was advertised and open to the
public, and includes a contract entered into on behalf of the
intermediate school district by a federal, state, or local
governmental entity that performed a request for information,
request for proposal, or formal competitive bid process or by a
nonprofit corporation or nonprofit association that performed a
request for information, request for proposal, or formal
competitive bid process.
(b) "Family member" means a person's spouse or spouse's
sibling or child; a person's sibling or sibling's spouse or child;
a person's child or child's spouse; or a person's parent or
parent's spouse, and includes these relationships as created by
adoption or marriage.
(c) "Total budget" means budget for all funds held by the
intermediate school district.
