November 8, 2012, Introduced by Senator HANSEN and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1254 and 1814 (MCL 380.1254 and 380.1814),
section 1254 as amended by 1995 PA 289 and section 1814 as added by
2004 PA 417.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1254. (1) Except as provided in subsection (3) and
section 1217a, the board of a school district or intermediate
school district may pay the actual and necessary expenses incurred
by its members and employees in the discharge of official duties or
in the performance of functions authorized by the board. The
expenditure, and the policy described in subsection (2)(b) that
establishes specific categories of reimbursable expenses, shall be
a public record and shall be made available to a person upon
request.
(2) The board of a school district or intermediate school
district shall not approve payment of an expense incurred by a
board member under subsection (1) unless 1 or both of the following
conditions are met:
(a) The board, by a majority vote of its members at an open
meeting, approved reimbursement of the specific expense before the
expense was incurred.
(b) The expense is consistent with a policy adopted by the
board, by a majority vote of its members at a regular board
meeting, establishing specific categories of reimbursable expenses
and the board, by a majority vote of its members at an open
meeting, approves the reimbursement before it is actually paid.
(3) The board of any school district shall not provide, allow,
or obtain credit cards for, issue credit cards to, or provide to a
school board member a debit card or similar instrument that pledges
payment of funds from a school district account except in
compliance with law.
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 1353
of the 96th Legislature is enacted into law.