Bill Text: MI HB4738 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; school districts; prohibition on certain uses of school district funds; provide for. Amends sec. 1814 of 1976 PA 451 (MCL 380.1814).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-15 - Printed Bill Filed 06/15/2011 [HB4738 Detail]
Download: Michigan-2011-HB4738-Introduced.html
HOUSE BILL No. 4738
June 14, 2011, Introduced by Rep. Knollenberg and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1814 (MCL 380.1814), as added by 2004 PA 417.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1814. (1) Except as otherwise provided in subsection (2),
a person shall not use school district or intermediate school
district
funds or other public funds under the control of the a
school district or intermediate school district for purchasing
alcoholic beverages, jewelry, gifts, fees for golf, or any item the
purchase or possession of which is illegal.
(2) Subsection (1) does not prohibit the use of public funds
for the purchase of a plaque, medal, trophy, or other award for the
recognition of an employee, volunteer, or pupil if the purchase
does not exceed $100.00 per recipient. Beginning January 1, 2005,
the monetary amount for this exception 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.
(3) In addition to any other penalty provided by law, a person
who knowingly or intentionally violates subsection (1) is guilty of
a misdemeanor punishable by imprisonment for not more than 93 days
or a fine, or both. The amount of the fine shall be as follows:
(a) If the cumulative amount of the funds that were used by
the person in violation of subsection (1) is less than $5,000.00,
up to $1,000.00.
(b) If the cumulative amount of the funds that were used by
the person in violation of subsection (1) is at least $5,000.00 and
less than $10,000.00, at least $1,000.00 and not to exceed
$2,000.00.
(c) If the cumulative amount of the funds that were used by
the person in violation of subsection (1) is at least $10,000.00
and less than $15,000.00, at least $2,000.00 and not to exceed
$3,000.00.
(d) If the cumulative amount of the funds that were used by
the person in violation of subsection (1) is at least $15,000.00
and less than $25,000.00, at least $3,000.00 and not to exceed
$4,000.00.
(e) If the cumulative amount of the funds that were used by
the person in violation of subsection (1) is $25,000.00 or more, at
least $4,000.00.
(4) A court shall order a person convicted of a violation of
subsection (1) to make restitution to the affected school district
or intermediate school district.
(5) As used in this section, "public funds" means funds
generated from taxes levied under this act, state appropriations of
state or federal funds, or payments to the school district or
intermediate school district for services, but does not include
voluntary
contributions made for a specific purpose by an a school
district
or intermediate school district board
member, an a school
district or intermediate school district employee, another
individual, or a private entity.
