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Mackinac Center for Public Policy
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2003 House Bill 4338: Authorize ISD recalls

Public Act 234 of 2004

  1. Introduced by Rep. Ruth Johnson (R) on March 12, 2003, to place all intermediate school districts (ISDs) under popularly elected intermediate school boards consisting of seven members, to be elected during regular school elections. An ISD board member could not hold any other elective public office including member of the board of a constituent ISD district. This is one of a number of bills which have been introduced to reform ISDs.
    • Referred to the House Education Committee on March 12, 2003.
      • Reported in the House on March 16, 2004, with the recommendation that the substitute (H-7) be adopted and that the bill then pass.
    • Substitute offered in the House on March 16, 2004, to replace the previous version of the bill with one that does not automatically require ISD board members to be elected in popular elections. Instead, if 25 percent of the registered voters in an ISD signed petitions requesting that the board be elected, the measure would be placed on the ballot. The substitute would impose 12 year term limits on ISD board members, authorize citizen-initiated recalls of ISD board members, and authorize the governor to dismiss board members guilty of gross neglect of duty, corruption, or any other misfeasance. The substitute passed by voice vote in the House on March 16, 2004.
    • Amendment offered by Rep. Ken Daniels (D) on March 17, 2004, prohibit the Detroit schools chief executive officer from entering into a contract that obligated the district for more than $100,000 unless the school reform board approved the contract. The amendment passed by voice vote in the House on March 17, 2004.
    • Amendment offered by Rep. Bruce Caswell (R) on March 17, 2004, to strip out the provision imposing 12-year term limits on ISD board members. The amendment passed 72 to 35 in the House on March 17, 2004.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Rep. Mike Pumford (R) on March 17, 2004, to strip out the popular election provisions of the bill, the term limits on ISD board members provision, and a provision that ISDs which have popular elections be divided in to geographic voting districts that would each select its own board member.
    • The amendment passed 63 to 44 in the House on March 17, 2004.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Rep. Sandy Caul (R) on March 17, 2004, to require ISDs to place on the ballot in the next regular school elections a question on whether to impose 12-year term limits on ISD board members. The amendment passed by voice vote in the House on March 17, 2004.
  2. Passed 102 to 2 in the House on March 17, 2004, to authorize citizen-initiated recalls of intermediate school district (ISD) board members, and authorize the governor to dismiss board members guilty of gross neglect of duty, corruption, or any other misfeasance. ISDs would be required to place a measure on the next school election ballot giving votes the option to impose 12-year term limits on ISD board members. The bill would also prohibit the Detroit schools chief executive officer from entering into a contract that obligated the district for more than $100,000 unless the school reform board approved the contract.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on March 18, 2004.
    • Referred to the Senate Education Committee on March 18, 2004.
      • Reported in the Senate on June 29, 2004, with the recommendation that the substitute (S-2) be adopted and that the bill then pass.
    • Substitute offered in the Senate on June 30, 2004, to replace the House-passed version of the bill with one that strips out the ISD board member term limit provision, requires the governor to show some evidence of wrongdoing before removing an ISD board member, eliminates the provision related to Detroit school district contracts, requires constituent districts to review ISD budgets (but gives them no authority over the budgets), and postpones the effective date to July 1, 2005. The substitute passed by voice vote in the Senate on June 30, 2004.
    • Amendment offered by Sen. Deborah Cherry (D) and Sen. Gilda Jacobs (D) on July 1, 2004, to require ISD boards to approve any out-of-state travel by ISD board members or employees that is paid for with taxpayer dollars. The amendment passed by voice vote in the Senate on July 1, 2004.
  4. Passed 35 to 0 in the Senate on July 1, 2004, to authorize citizen-initiated recalls of intermediate school district (ISD) board members; authorize the governor to dismiss board members if there is evidence gross neglect of duty, corruption, or any other misfeasance; require ISD boards to approve any out-of-state travel by ISD board members or employees that is paid for with taxpayer dollars; require constituent school district boards to review annual ISD budgets, and require ISDs to "consider" any of their objections.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on July 6, 2004.
  6. Passed 101 to 1 in the House on July 6, 2004, to concur with the Senate-passed version of the bill, which strips out the ISD term limits provision; requires constituent districts to review ISD budgets, but gives them no authority over the budgets; requires ISD boards to approve any tax-funded out-of-state travel by ISD board members or employees; and eliminates the provision related to Detroit school district contracts.
    Who Voted "Yes" and Who Voted "No"

  7. Signed by Gov. Jennifer Granholm on July 21, 2004.

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