Bill Text: MI SB0899 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; school districts; certain types of agreements regarding procurement of diesel fuel; allow. Amends secs. 623a & 1274 of 1976 PA 451 (MCL 380.623a & 380.1274).
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2012-12-11 - Referred To Committee Of The Whole [SB0899 Detail]
Download: Michigan-2011-SB0899-Introduced.html
SENATE BILL No. 899
January 24, 2012, Introduced by Senators WALKER, BOOHER, ANDERSON, EMMONS, CASPERSON, GREEN, KAHN and MOOLENAAR and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 623a and 1274 (MCL 380.623a and 380.1274), as
amended by 2008 PA 540.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 623a. (1) An intermediate school board shall adopt
written policies governing the procurement of supplies, materials,
and equipment.
(2) Except as otherwise provided in subsection (4) or (5), an
intermediate school district shall not purchase an item or a group
of
items purchased in a single transaction costing $20,959.00
$21,825.00 or more unless competitive bids are obtained for those
items and the purchase of those items is approved by the
intermediate school board. The maximum amount specified in this
section shall be adjusted each year 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.
(3) The intermediate school board of an intermediate school
district may adopt and implement a local policy that gives a
preference to a Michigan-based business in awarding a contract
under this section. The policy may provide for a preference based
on the status of the primary contractor as a Michigan-based
business or based on the status of 1 or more subcontractors of the
primary contractor as Michigan-based businesses, or both. A policy
adopted under this subsection shall be consistent with federal
statutes and regulations and shall not be applied to a contract
that is to be paid with federal funds. Upon request by an
intermediate school district that has adopted and implemented a
policy described in this subsection, the department of treasury
shall disclose to that intermediate school district verifying
information as described in section 268(3) of the management and
budget act, 1984 PA 431, MCL 18.1268. The adoption, implementation,
or application of a policy described in this subsection, or a
decision not to adopt, implement, or apply such a policy, does not
create a cause of action.
(4) An intermediate school district is not required to obtain
competitive bids for items purchased through the cooperative bulk
purchasing program operated by the department of management and
budget under section 263(3) of the management and budget act, 1984
PA 431, MCL 18.1263.
(5) An intermediate school district is not required to obtain
competitive bids for purchasing food unless the food is purchased
in a single transaction costing $100,000.00 or more.
(6) The intermediate school board of an intermediate school
district may acquire by purchase, lease, or rental, with or without
option to purchase, equipment necessary for the operation of
intermediate school district programs, including, but not limited
to, heating, water heating, and cooking equipment for school
buildings, and may pay for the equipment from operating funds of
the intermediate school district. Heating and cooking equipment may
be purchased on a title retaining contract or other form of
agreement creating a security interest and pledging in payment
money in the general fund or funds received from state school aid.
The contracts may extend for not more than 10 years.
(7) The intermediate school board of an intermediate school
district may enter into a swap, hedge, derivative, or similar
agreement in connection with the procurement of diesel fuel.
(8) (7)
As used in this section,
"Michigan-based business"
means a business that would qualify for a preference in a
procurement contract with this state as determined under section
268 of the management and budget act, 1984 PA 431, MCL 18.1268.
Sec. 1274. (1) The board of a school district or board of
directors of a public school academy shall adopt written policies
governing the procurement of supplies, materials, and equipment.
(2) Except as otherwise provided in subsection (4) or (5), a
school district or public school academy shall not purchase an item
or
a group of items in a single transaction costing $20,959.00
$21,825.00 or more unless competitive bids are obtained for those
items and the purchase of those items is approved by the school
board or board of directors. The maximum amount specified in this
subsection shall be adjusted each year 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.
(3) The board of a school district or board of directors of a
public school academy may adopt and implement a local policy that
gives a preference to a Michigan-based business in awarding a
contract under this section. The policy may provide for a
preference based on the status of the primary contractor as a
Michigan-based business or based on the status of 1 or more
subcontractors of the primary contractor as Michigan-based
businesses, or both. A policy adopted under this subsection shall
be consistent with federal statutes and regulations and shall not
be applied to a contract that is to be paid with federal funds.
Upon request by a school district or public school academy that has
adopted and implemented a policy described in this subsection, the
department of treasury shall disclose to that school district or
public school academy verifying information as described in section
268(3) of the management and budget act, 1984 PA 431, MCL 18.1268.
The adoption, implementation, or application of a policy described
in this subsection, or a decision not to adopt, implement, or apply
such a policy, does not create a cause of action.
(4) A school district or public school academy is not required
to obtain competitive bids for items purchased through the
cooperative bulk purchasing program operated by the department of
management and budget under section 263(3) of the management and
budget act, 1984 PA 431, MCL 18.1263.
(5) A school district or public school academy is not required
to obtain competitive bids for purchasing food unless the food is
purchased in a single transaction costing $100,000.00 or more.
(6) The board of a school district or local act school
district or board of directors of a public school academy may
acquire by purchase, lease, or rental, with or without option to
purchase, equipment necessary for the operation of the school
program, including, but not limited to, heating, water heating, and
cooking equipment for school buildings, and may pay for the
equipment from operating funds of the district or public school
academy. Heating and cooking equipment may be purchased on a title
retaining contract or other form of agreement creating a security
interest and pledging in payment money in the general fund or funds
received from state school aid. The contracts may extend for not
more than 10 years.
(7) The board of a school district or board of directors of a
public school academy may enter into a swap, hedge, derivative, or
similar agreement in connection with the procurement of diesel
fuel.
(8) (7)
As used in this section,
"Michigan-based business"
means a business that would qualify for a preference in a
procurement contract with this state as determined under section
268 of the management and budget act, 1984 PA 431, MCL 18.1268.
