HB-6376, As Passed House, September 7, 2006

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6376

 

August 30, 2006, Introduced by Reps. Emmons, Farhat, Nitz, Mortimer and Moore and referred to the Committee on Higher Education and Career Preparation.

 

     A bill to amend 1966 PA 331, entitled

 

"Community college act of 1966,"

 

by amending sections 105, 123, 124, and 143 (MCL 389.105, 389.123,

 

389.124, and 389.143), section 105 as amended by 2003 PA 306,

 

section 123 as amended by 1980 PA 5, and section 124 as amended by

 

1997 PA 135.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 105. As used in this act:

 

     (a) "Area", in the term "area vocational-technical education

 

program", means the geographical territory of the district, and any

 

territory outside of the district that is designated as the service

 

area of the district by the superintendent of public instruction. A

 


community college is eligible to receive state aid and assistance

 

appropriated by the legislature for the aid and support of junior

 

colleges or community colleges.

 

     (b) "Area vocational-education program" means a program of

 

organized systematic instruction designed to prepare the following

 

individuals for useful employment in recognized occupations:

 

     (i) An individual who has completed or left high school and who

 

is available for full-time study in preparation for entering the

 

labor market.

 

     (ii) An individual who has already entered the labor market and

 

who needs training to achieve stability or advancement in

 

employment.

 

     (iii) An individual enrolled in high school. If a program or

 

course is provided for an individual enrolled in high school, the

 

superintendent of the school district in which the individual is

 

enrolled or his or her designated representative shall request that

 

the program or course be provided to the individual.

 

     (c) "Community college" means an educational institution

 

providing collegiate and noncollegiate level education primarily to

 

individuals above the twelfth grade age level within commuting

 

distance. The term includes an area vocational-technical education

 

program that may result in the granting of an associate degree or

 

other diploma or certificate, but not an educational institution or

 

program granting baccalaureate or higher degrees.

 

     (d) "General election" or "general state election" means the

 

term general election as defined in section 2 of the Michigan

 

election law, MCL 168.2.

 


     (e) "Michigan election law" means the Michigan election law,

 

1954 PA 116, MCL 168.1 to 168.992.

 

     (f) "Regular election" means that term as defined in section 3

 

of the Michigan election law, MCL 168.3.

 

     (g) "School district" means a school district, a local act

 

school district, or an intermediate school district, as those terms

 

are defined in the revised school code, 1976 PA 451, MCL 380.1 to

 

380.1852, or a community college district under this act.

 

     (h) "School district filing official" means the school

 

district election coordinator as defined in section 4 of the

 

Michigan election law, MCL 168.4, or an authorized agent of the

 

school district election coordinator.

 

     (i) "Special election" means that term as defined in section 4

 

of the Michigan election law, MCL 168.4.

 

     Sec. 123. The board of trustees of a community college

 

district may do any of the following:

 

     (a)  Have the care and custody  Manage the property of the

 

community college  property  and provide suitable facilities,

 

sanitary conditions, and medical inspection for the community

 

college of the district.

 

     (b) Establish and collect tuition and fees for resident and

 

nonresident students. A waiver of tuition shall not be granted by

 

the board  , except  unless 1 of the following applies:

 

     (i) The board of trustees may waive tuition for a student

 

participating in a reciprocal agreement for exchange of educational

 

services, if the agreement is approved by the  state board  

 

department of education.

 


     (ii) The board of trustees may waive tuition for a student who

 

meets the admission requirements of the board and is 60 years of

 

age or older.

 

     (c) Establish and maintain or continue a library or museum,

 

which may be separately operated if desired, for the community

 

college, if the board of trustees considers it advisable to

 

establish and maintain or continue a library or museum and to

 

provide for its care and management.

 

     Sec. 124. The board of trustees of a community college

 

district may do  all  any of the following:

 

     (a) Contract with, appoint, and employ a suitable person as

 

chief executive officer of the community college. The person

 

employed as chief executive officer shall not be a member of the

 

board of trustees and shall possess at least an earned bachelor's

 

degree from an accredited college or university. The chief

 

executive officer shall hold office for a term fixed by the board

 

of trustees, not to exceed 5 years, shall perform duties as the

 

board of trustees may determine, and shall make reports in writing

 

to the board of trustees and to the department of education

 

annually, or more often if required, in regard to all matters

 

pertaining to the educational interests of the community college

 

district.

 

     (b) Delegate to the chief executive officer of the community

 

college the board's authority to do any of the following:

 

     (i) Select and employ personnel of the community college.

 

     (ii) Pay claims and demands against the community college.

 

     (iii) Purchase, lease, or otherwise acquire personal property

 


for the community college.

 

     (iv) Invest community college funds.

 

     (v) Subject to terms and conditions established by the board

 

of directors, accept contributions, capital grants, gifts,

 

donations, services, or other financial assistance from any public

 

or private entity.

 

     (c) Appoint and employ a business manager responsible to the

 

chief executive officer of the community college for the community

 

college district and fix his or her term of office.

 

     (d) Select and employ other administrative officers, teachers,

 

and other employees and engage services as necessary to effectuate

 

its purposes.

 

     Sec. 143. The board of trustees of a community college

 

district shall provide for a system of accounting  meeting  that

 

meets the approval of the  state board of education  superintendent

 

of public instruction. All accounts of the community college

 

district shall be audited once each year by a certified public

 

accountant and a summary of the audit shall be published in a

 

newspaper of general circulation in the community college district.

 

The fiscal and accounting year of a community college district

 

shall commence with July 1 in each year. Copies of the reports of

 

audits shall be filed as required by the  state board of education  

 

superintendent of public instruction and shall be available at all

 

reasonable times for public inspection, as a condition of receiving

 

any state aid for the subsequent fiscal year.

 

     Enacting section 1. This amendatory act is intended to

 

transfer back to the department of education and the superintendent

 


of public instruction certain powers, duties, and functions that

 

were transferred to the former department of career development by

 

Executive Reorganization Order No. 1999-7, MCL 388.995.