SB-0081, As Passed House, December 19, 2014
SUBSTITUTE FOR
SENATE BILL NO. 81
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, the board of directors of a public school academy,
or an authority board of an education achievement authority 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, the board of directors of a public school academy, or an
authority board of an education achievement authority 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 a school district or intermediate school
district, the board of directors of a public school academy, or an
authority board of an education achievement authority 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 an
account of the school district, intermediate school district,
public school academy, or education achievement authority except in
compliance with law.
Sec. 1814. (1) Except as otherwise provided in subsection (2),
a person shall not use school district, intermediate school
district, public school academy, or education achievement authority
funds
or other public funds under the control of the a school
district, intermediate school district, public school academy, or
education achievement authority 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,
intermediate school district, public school academy, or education
achievement authority.
(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 a school district,
intermediate school district, public school academy, or education
Senate Bill No. 81 (S-2) as amended December 19, 2014
achievement authority for services, but does not include voluntary
contributions
made for a specific purpose by an a school district,
intermediate school district, public school academy, or education
achievement
authority board member; ,
an a school district,
intermediate school district, public school academy, or education
achievement
authority 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.
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