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