HOUSE BILL No. 5492


     December 11, 2001, Introduced by Reps. Jelinek, Switalski, Bovin, Pumford, Godchaux, DeRossett, Patterson and Hager and referred to the
Committee on Education.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   (MCL 380.1 to 380.1852) by adding section 1266.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 1266.  (1) THE DEPARTMENT SHALL ESTABLISH, MAINTAIN,

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      AND MAKE AVAILABLE TO SCHOOL DISTRICTS, INTERMEDIATE SCHOOL DIS-

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      TRICTS, AND PUBLIC SCHOOL ACADEMIES A LIST OF CONTRACTORS THAT

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      HAVE WORKED ON SCHOOL CONSTRUCTION PROJECTS IN THIS STATE.  THIS

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      LIST IS INTENDED TO HELP SCHOOL DISTRICTS, INTERMEDIATE SCHOOL

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      DISTRICTS, AND PUBLIC SCHOOL ACADEMIES MAKE INFORMED DECISIONS IN

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      SELECTING CONTRACTORS FOR SCHOOL CONSTRUCTION PROJECTS.

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           (2) THE LIST REQUIRED UNDER SUBSECTION (1) SHALL CONSIST OF

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      INFORMATION VOLUNTARILY SUBMITTED BY SCHOOL DISTRICTS,

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      INTERMEDIATE SCHOOL DISTRICTS, AND PUBLIC SCHOOL ACADEMIES THAT




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      HAVE EXPERIENCE WITH THE CONTRACTOR ON A SCHOOL CONSTRUCTION

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      PROJECT, INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:

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           (A) THE NAME OF THE CONTRACTOR.

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           (B) THE TYPE OF PROJECT OR PROJECTS INVOLVED.

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           (C) INFORMATION ABOUT THE CONTRACTOR'S PERFORMANCE ON THE

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      PROJECT.  THIS INFORMATION MAY INCLUDE ANY OF THE FOLLOWING:

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           (i) A RATING OF THE CONTRACTOR'S PERFORMANCE ACCORDING TO A

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      RATING SYSTEM DEVELOPED BY THE DEPARTMENT UNDER SUBSECTION (3).

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           (ii) INFORMATION ON THE TYPE AND QUALITY OF WORK PERFORMED

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      BY THE CONTRACTOR ON THE PROJECT.

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           (iii) INFORMATION CONCERNING ANY PROBLEMS ENCOUNTERED WITH

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      THE CONTRACTOR ON THE PROJECT, SUCH AS NONCOMPLIANCE WITH CON-

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      TRACT, DELAYS, OR POOR WORKMANSHIP.

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           (D) RECOMMENDATIONS OF CONTRACTORS, EITHER OVERALL OR FOR

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      PARTICULAR TYPES OF WORK OR PROJECTS.

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           (3) THE DEPARTMENT SHALL NOTIFY SCHOOL DISTRICTS, INTERMEDI-

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      ATE SCHOOL DISTRICTS, AND PUBLIC SCHOOL ACADEMIES OF THE OPPORTU-

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      NITY TO SUBMIT INFORMATION UNDER THIS SECTION AND SHALL DEVELOP

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      AND MAKE AVAILABLE TO THEM A FORM FOR REPORTING INFORMATION UNDER

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      THIS SECTION.  THE FORM SHALL INCLUDE INSTRUCTIONS FOR COMPLETION

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      OF THE FORM, INCLUDING AT LEAST A RATING SYSTEM FOR RATING A

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      CONTRACTOR'S PERFORMANCE.  AFTER THE LIST HAS BEEN ESTABLISHED,

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      THE DEPARTMENT SHALL NOTIFY SCHOOL DISTRICTS, INTERMEDIATE SCHOOL

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      DISTRICTS, AND PUBLIC SCHOOL ACADEMIES OF THE AVAILABILITY OF THE

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      LIST.

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           (4) AS USED IN THIS SECTION, "CONTRACTOR" INCLUDES A GENERAL

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      CONTRACTOR OR SUBCONTRACTOR.



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