June 29, 2010, Introduced by Reps. Nathan, Durhal, Tlaib, Lemmons, Womack, Geiss, Kennedy, Valentine, Slavens, Haase, Young, Leland, Roberts, Ball, Polidori, Cushingberry and Johnson and referred to the Committee on Education.
A bill to amend 1990 PA 72, entitled
"Local government fiscal responsibility act,"
by amending section 40 (MCL 141.1240).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40. (1) In consultation with the school board, the
emergency financial manager shall develop, and may from time to
time amend, a written financial plan for the school district. The
financial plan shall provide for both of the following:
(a) Conducting the operations of the school district within
the resources available according to the emergency financial
manager's revenue estimate.
(b) The payment in full of the scheduled debt service
requirements on all bonds and notes of the school district and all
other uncontested legal obligations.
(2) For a written financial plan developed or amended after
the effective date of this section, the written financial plan
shall include a school district improvement plan for the school
district and a budget for implementation of the school district
improvement plan. All of the following apply to the development and
implementation of the school district improvement plan:
(a) The board of the school district shall develop the school
district improvement plan, and a proposed budget for implementation
of the plan, with input from the local teacher bargaining unit and
the local superintendent.
(b) The intermediate school district shall provide technical
assistance and expertise to the board.
(c) The board shall submit the school district improvement
plan and proposed plan budget to the emergency financial manager.
(d) Before the school district improvement plan and plan
budget are included in the written financial plan, they must be
approved by the board of the school district, by the intermediate
board of the intermediate school district, and by the emergency
financial manager.
(3) (2)
After the initial development of
the financial plan
required by subsection (1), the emergency financial manager in
consultation with the school board shall regularly reexamine the
plan, and if the emergency financial manager reduces his or her
revenue estimates, he or she shall modify the financial plan to
conform to revised revenue estimates. The emergency financial
manager shall submit to the education financial emergency
resolution board created under section 38 quarterly progress
reports that detail the status of the implementation of all aspects
of the financial plan, including the status of the implementation
of the school improvement plan required under subsection (2).
(4) (3)
The financial plan shall be in a
form, and shall
contain that information for each year the plan is in effect, that
is required under this section and that the school district's
emergency financial manager specifies.
(5) (4)
The emergency financial manager
shall make public the
plan or modified plan and the quarterly progress reports required
under subsection (3). This subsection shall not be construed to
mean that the emergency financial manager must receive public
approval before he or she implements the financial plan or any
modification to the plan.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6296(request no.
06681'10) of the 95th Legislature is enacted into law.