Bill Text: MI SB1074 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Education; school districts; contracting and competitive bidding for food, custodial, and transportation services for public schools; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1245.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-04-15 - Referred To Committee Of The Whole With Substitute S-3 [SB1074 Detail]
Download: Michigan-2009-SB1074-Introduced.html
SENATE BILL No. 1074
January 20, 2010, Introduced by Senators PAPPAGEORGE, BISHOP, JANSEN, CROPSEY, GEORGE and CASSIS and referred to the Committee on Reforms and Restructuring.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1245. (1) Subject to subsection (4), not later than June
30, 2010, the board of a school district or intermediate school
district or board of directors of a public school academy shall
enter into 1 or more contracts for the provision of all
noninstructional support services for the school district,
intermediate school district, or public school academy. A school
district, intermediate school district, or public school academy
may contract with any person or entity to provide these services,
including, but not limited to, contracting with a group of its
employees or a representative of a group of its employees to
provide 1 or more of these services on a contractual basis rather
than an employment basis.
(2) Before entering into a contract described in subsection
(1) or renewal of a contract described in subsection (1), the board
of a school district or intermediate school district or board of
directors of a public school academy shall obtain competitive bids
on the provision of the services. Not later than March 1, 2010, the
superintendent of public instruction shall develop and make
available to school districts, intermediate school districts, and
public school academies a model competitive bidding process that
may be used for the purposes of this subsection. This model process
may be based on the process prescribed for competitive bidding of
construction contracts under section 1267. This model process and
the competitive bidding process adopted by a school district,
intermediate school district, or public school academy shall
require that competing bids will be posted, with a link on the home
page, on the website of the school district, intermediate school
district, or public school academy.
(3) Subsection (2) does not apply to contracts of less than
$20,000.00. 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.
(4) The requirements of this section are subject to all of the
following:
(a) If a collective bargaining agreement is in effect for
employees of a school district, intermediate school district, or
public school academy as of the effective date of the amendatory
act that added this section, and if that collective bargaining
agreement prevents compliance with subsection (1), then subsection
(1) does not apply to that school district, intermediate school
district, or public school academy until after the expiration of
that collective bargaining agreement.
(b) If a contract for the provision of 1 or more
noninstructional support services is in effect in a school
district, intermediate school district, or public school academy,
then this section does not apply to the services covered by that
contract until after the expiration of that contract.
(5) As used in this section, "noninstructional support
services" means custodial services, transportation services, and
food service.
