January 31, 2012, Introduced by Reps. Bumstead and Hughes and referred to the Committee on Education.
A bill to amend 2008 PA 549, entitled
"Michigan promise zone authority act,"
by amending sections 11 and 15 (MCL 390.1671 and 390.1675).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11. (1) The board may employ and fix the a director. All
of the following apply to a director employed by a board under this
subsection:
(a)
The board shall establish the director's compensation. of
a
director.
(b)
The director shall serve serves at
the pleasure of the
board.
(c) A member of the board is not eligible to hold the position
of director.
(d) Before beginning his or her duties, the director shall
take
and subscribe to the constitutional oath and furnish a bond
by
posting
a bond in the sum in an
amount determined in the resolution
establishing the authority, payable to the authority for use and
benefit of the authority, approved by the board, and filed with the
clerk of the eligible entity. The premium on the bond shall be
considered an operating expense of the authority, payable from
funds
money available to the authority for expenses of
operation.
(e)
The director shall be is the
chief executive officer of
the authority.
(2) Subject to the approval of the board, the director shall
supervise
and be is responsible for implementing the promise zone
development plan and the performance of the functions of the
authority
in the manner authorized by under
this act. The director
shall attend the meetings of the board and shall provide to the
board, the governing body, and the chief executive officer of the
eligible entity a regular report covering the activities and
financial condition of the authority. If the director is absent or
disabled, the board may designate a qualified person as acting
director to perform the duties of the office. Before beginning his
or her duties, the acting director shall take and subscribe to the
oath, and furnish a bond, as required of the director under
subsection (1)(d). The director shall furnish the board with any
information
or reports governing the operation of the authority as
that the board requires.
(3) The board may employ and fix the compensation of a
treasurer, who shall keep the financial records of the authority
and who, together with the director, shall approve all vouchers for
the
expenditure of funds money
of the authority. The treasurer
shall perform all duties delegated to him or her by the board and
shall furnish a bond in an amount prescribed by the board.
(4) The board may employ and fix the compensation of a
secretary, who shall maintain custody of the official seal and of
records, books, documents, or other papers the treasurer is not
required
to be maintained by the treasurer. maintain. The secretary
shall attend meetings of the board and keep a record of its
proceedings and shall perform other duties delegated by the board.
(5) The board may retain legal counsel to advise the board in
the proper performance of its duties.
(6)
The board may employ any other personnel considered that
the
board considers necessary. by
the board.
(7)
Money received by the The authority shall immediately be
deposited
deposit any money it receives
to the credit of the
authority, subject to disbursement under this act.
(8)
The authority shall not expend more than 15% of the
proposed
annual budget Beginning in
the first fiscal year in which
it receives revenue from the state from the capture of state
education tax revenue under section 17, the authority may use not
more than 15% of the amount of that revenue to pay for
administrative costs.
Sec. 15. (1) The director of the authority shall submit a
budget to the board for the operation of the authority for each
fiscal year before the beginning of the fiscal year. The budget
shall be prepared in the manner and contain the information
required
of municipal departments. After review by the board, the
budget
shall be submitted The board
shall review a budget submitted
to it under this subsection.
(2) Unless subsection (3) applies, a board may not adopt a
budget described in subsection (1) unless it submits that budget to
the
governing body . The and
the governing body must approve
approves
the budget. before
the board may adopt the budget.
(3) If the eligible entity whose governing body created an
authority is a local school district that has fewer than 1,000
pupils, the board of the authority may adopt a budget described in
subsection (1) without submitting the budget to the governing body
and obtaining the governing body's approval of the budget under
subsection (2).
(4)
Unless authorized by the governing
body, funds the budget
of an authority shall not include any money of the eligible entity.
shall
not be included in the budget of the authority.