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S.B. 197: FIRST ANALYSIS BRANCH ISD CONVEYANCE
Senate Bill 197 (as enrolled) Sponsor: Senator Philip E. Hoffman
Committee: Local, Urban, and State Affairs Date Completed: 3-7-95
Public Act 44 of 1978 authorized the State Administrative Board to convey to the Branch Intermediate School District (ISD) about 178 acres adjacent to the Branch Area Career Center. The Center, which is adjacent to the now-closed Coldwater Regional Mental Health Center that was operated by the Department of Mental Health (DMH), reportedly offers a variety of vocational education programs to students who do not wish to pursue college educations but who want to develop marketable skills and crafts through hands-on training. Further, the Center apparently also offered special education programs to clients of the DMH facility. The conveyance of the property was designed to allow the Career Center to expand its agriculture training program to include on-the-job farm management experience, agriculture mechanics, livestock management, soil testing, and plant science. Public Act 44 includes a restriction, however, that requires that the property and any buildings or structures on it be used solely for special and vocational education programs or services. If the property or the buildings or structures are not used for these purposes for more than two consecutive years, the property is to revert to the State. Lately, however, it has been suggested that the restriction on the use of the property be removed so that Kellogg Community College, which currently is leasing office space on the 30-acre Career Center property, and the local school districts could use the property to expand their educational programs for the general public and provide for a multi- agency job training and placement service.
conveyance by that Act. The instruments releasing the restriction and possibility of reverter would have to provide instead that the property would have to be used for public educational purposes and that upon termination of that use, or upon use for any other purpose, title to the property would revert immediately to the State, which would assume no liability for improvements made at the expense of any other party. The instruments necessary to implement the bill would have to be approved by the Attorney General.
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Removing the restriction and reverter clause would enable Kellogg Community College to expand its off-campus services and courses. In addition, there reportedly are plans to erect a building to house various agencies, including the community college, local school districts, the Career Center, and job placement agencies, which would work together to develop broader, more comprehensive career and job-training services and programs at the site to address the needs of the general public. For example, it has been suggested that the property could be used to establish a one-step, school-to-work transition program to train workers for a competitive future. The bill, thus, would enable Branch County educational facilities to share scarce resources and use the property even more efficiently and effectively than it is used currently.
The bill would amend Public Act 44 of 1978 to require the State Administrative Board to release to the Branch ISD the restriction and possibility of reverter on the property that was authorized for
Legislative Analyst: L. Arasim
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: R. Abent
A9394\S197A
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.