HOUSE BILL No. 4628
April 19, 2001, Introduced by Reps. Raczkowski, Koetje, Kuipers, Tabor, DeVuyst, Gosselin, Julian, Ruth Johnson and Pappageorge and referred to the Committee on Redistricting and Elections. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 3, 5, 6, 11a, 613, 616, 617, 661, 701, 702, 703, 705, 856, 857, 858, 859, 860, 861, 932, 945, and 1361 (MCL 380.3, 380.5, 380.6, 380.11a, 380.613, 380.616, 380.617, 380.661, 380.701, 380.702, 380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.860, 380.861, 380.932, 380.945, and 380.1361), sections 3 and 6 as amended and section 11a as added by 1995 PA 289, section 5 as amended by 1999 PA 23, section 617 as amended by 1989 PA 268, section 703 as amended by 1981 PA 87, section 705 as amended by 1994 PA 258, sections 857 and 858 as amended by 1992 PA 263, and section 945 as added by 1984 PA 154, and by adding section 1206; and to repeal acts and parts of acts. 00129'01 TAV 2 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) "ANNUAL SCHOOL ELECTION" OR "ANNUAL ELECTION" 2 MEANS THE ELECTION HELD IN A SCHOOL DISTRICT, LOCAL ACT SCHOOL 3 DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT ON THE FIRST TUESDAY 4 FOLLOWING THE FIRST MONDAY OF NOVEMBER IN EVERY YEAR. 5 (2) (1) "Area" as used in the phrase "area 6 vocational-technical education program" means the geographical 7 territory, both within and without the boundaries of either a K 8 to 12 school district or a community college district, that is 9 designated by the state board SUPERINTENDENT OF PUBLIC 10 INSTRUCTION as the service area for the operation of an area 11 vocational-technical education program. 12 (3) (2) "Area vocational-technical education program" 13 means a program of organized, systematic instruction designed to 14 prepare the following persons for useful employment in recognized 15 occupations: 16 (a) Persons enrolled in high school. 17 (b) Persons who have completed or left high school and who 18 are available for full-time study in preparation for entering the 19 labor market. 20 (c) Persons who have entered the labor market and who need 21 training or retraining to achieve stability or advancement in 22 employment. 23 (4) (3) "Board" or "school board" means the governing body 24 of a local school district or a local act school district unless 25 clearly otherwise stated. 00129'01 3 1 (5) (4) "Boarding school" means a place accepting for 2 board, care, and instruction 5 or more children under 16 years of 3 age. 4 (6) (5) "Constituent district" means a local school dis- 5 trict or special LOCAL act school district the territory of 6 which is entirely within and is an integral part of an intermedi- 7 ate school district. 8 Sec. 5. (1) "Local act school district" or "special act 9 school district" means a district governed by a special or local 10 act or chapter of a local act. "Local school district" and 11 "local school district board" as used in article 3 include a 12 local act school district and a local act school district board. 13 (2) "Membership" means the number of full-time equivalent 14 pupils in a public school as determined by the number of pupils 15 registered for attendance plus pupils received by transfer and 16 minus pupils lost as defined by rules promulgated by the state 17 board SUPERINTENDENT OF PUBLIC INSTRUCTION. 18 (3) "MICHIGAN ELECTION LAW" MEANS THE MICHIGAN ELECTION LAW, 19 1956 PA 116, MCL 168.1 TO 168.992. 20 (4) (3) "Nonpublic school" means a private, denomination- 21 al, or parochial school. 22 (5) (4) "Objectives" means measurable pupil academic 23 skills and knowledge. 24 (6) (5) "Public school" means a public elementary or sec- 25 ondary educational entity or agency that is established under 26 this act, has as its primary mission the teaching and learning of 27 academic and vocational-technical skills and knowledge, and is 00129'01 4 1 operated by a school district, local act school district, special 2 act school district, intermediate school district, public school 3 academy corporation, strict discipline academy corporation, or by 4 the department or state board. Public school also includes a 5 laboratory school or other elementary or secondary school that is 6 controlled and operated by a state public university described in 7 section 4, 5, or 6 of article VIII of the state constitution of 8 1963. 9 (7) (6) "Public school academy" means a public school 10 academy established under part 6a and, except as used in part 6a, 11 also includes a strict discipline academy established under sec- 12 tions 1311b to 1311l. 13 (8) (7) "Pupil membership count day" of a school district 14 means that term as defined in section 6 of the state school aid 15 act of 1979, MCL 388.1606. 16 (9) (8) "Reorganized intermediate school district" means 17 an intermediate school district formed by consolidation or annex- 18 ation of 2 or more intermediate school districts under sections 19 701 and 702. 20 (10) (9) "Rule" means a rule promulgated pursuant to the 21 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 22 24.328. 23 Sec. 6. (1) "School district" or "local school district" 24 means a general powers school district organized under this act, 25 regardless of previous classification, or a school district of 26 the first class. 00129'01 5 1 (2) "School elector" means a person qualified as an elector 2 under section 492 of the Michigan election law, Act No. 116 of 3 the Public Acts of 1954, being section 168.492 of the Michigan 4 Compiled Laws, registered as provided in part 12 MCL 168.492, 5 and resident of the school district, local act school district, 6 or intermediate school district on or before the thirtieth day 7 before the next ensuing annual or special school election. 8 (3) "School month" means a 4-week period of 5 days each 9 unless otherwise specified in the teacher's contract. 10 (4) "Special education building and equipment" means a 11 structure or portion of a structure or personal property accept- 12 ed, leased, purchased, or otherwise acquired, prepared, or used 13 for special education programs and services. 14 (5) "Special education personnel" means persons engaged in 15 and having professional responsibility for the training, care, 16 and education of handicapped persons in special education pro- 17 grams and services including, but not limited to, teachers, 18 aides, school social workers, diagnostic personnel, physical 19 therapists, occupational therapists, audiologists, teachers of 20 speech and language, instructional media-curriculum specialists, 21 mobility specialists, teacher consultants, supervisors, and 22 directors. 23 (6) "Special education programs and services" means educa- 24 tional and training services designed for handicappers and oper- 25 ated by local school districts, local act school districts, 26 intermediate school districts, the Michigan school for the blind, 27 the Michigan school for the deaf, the department of mental 00129'01 6 1 health, the department of social services, or a combination 2 thereof, and ancillary professional services for handicappers 3 rendered by agencies approved by the state board. The programs 4 shall include vocational training, but need not include academic 5 programs of college or university level. 6 (7) "SPECIAL SCHOOL ELECTION" OR "SPECIAL ELECTION" MEANS AN 7 ELECTION HELD IN A SCHOOL DISTRICT AT A DATE OTHER THAN THE 8 ANNUAL SCHOOL ELECTION, AS PROVIDED UNDER THE MICHIGAN ELECTION 9 LAW. 10 (8) (7) "State approved nonpublic school" means a nonpub- 11 lic school that complies with Act No. 302 of the Public Acts of 12 1921, being sections 388.551 to 388.558 of the Michigan Compiled 13 Laws 1921 PA 302, MCL 388.551 TO 388.558. 14 (9) (8) "State board" means the state board of education 15 unless clearly otherwise stated. 16 (10) (9) "Department" means the department of education 17 created and operating under sections 300 to 305 of the executive 18 organization act of 1965, Act No. 380 of the Public Acts of 19 1965, being sections 16.400 to 16.405 of the Michigan Compiled 20 Laws 1965 PA 380, MCL 16.400 TO 16.405. 21 (11) (10) "State school aid" means allotments from the 22 general appropriating act for the purpose of aiding in the sup- 23 port of the public schools of the state. 24 (12) (11) "The state school aid act of 1979" means Act 25 No. 94 of the Public Acts of 1979, being sections 388.1601 to 26 388.1772 of the Michigan Compiled Laws THE STATE SCHOOL AID ACT 27 OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1772. 00129'01 7 1 Sec. 11a. (1) Beginning on the effective date of this 2 section JULY 1, 1996, each school district formerly organized as 3 a primary school district or as a school district of the fourth 4 class, third class, or second class shall be a general powers 5 school district under this act. 6 (2) Beginning on the effective date of this section 7 JULY 1, 1996, a school district operating under a special or 8 local act shall operate as a general powers school district under 9 this act except to the extent that the special or local act is 10 inconsistent with this act. Upon repeal of a special or local 11 act that governs a school district, that school district shall 12 become a general powers school district under this act. 13 (3) A general powers school district has all of the rights, 14 powers, and duties expressly stated in this act; may exercise a 15 power implied or incident to any power expressly stated in this 16 act; and, except as provided by law, may exercise a power inci- 17 dental or appropriate to the performance of any function related 18 to operation of the school district in the interests of public 19 elementary and secondary education in the school district, 20 including, but not limited to, all of the following: 21 (a) Educating pupils. In addition to educating pupils in 22 grades K-12, this function may include operation of preschool, 23 lifelong education, adult education, community education, train- 24 ing, enrichment, and recreation programs for other persons. 25 (b) Providing for the safety and welfare of pupils while at 26 school or a school sponsored activity or while en route to or 27 from school or a school sponsored activity. 00129'01 8 1 (c) Acquiring, constructing, maintaining, repairing, 2 renovating, disposing of, or conveying school property, facili- 3 ties, equipment, technology, or furnishings. 4 (d) Hiring, contracting for, scheduling, supervising, or 5 terminating employees, independent contractors, and others to 6 carry out school district powers. A school district may indem- 7 nify its employees. 8 (e) Receiving, accounting for, investing, or expending 9 school district money; borrowing money and pledging school dis- 10 trict funds for repayment; and qualifying for state school aid 11 and other public or private money from local, regional, state, or 12 federal sources. 13 (4) A general powers school district may enter into agree- 14 ments or cooperative arrangements with other entities, public or 15 private, or join organizations as part of performing the func- 16 tions of the school district. 17 (5) A general powers school district is a body corporate and 18 shall be governed by a school board. An act of a school board is 19 not valid unless approved, at a meeting of the school board, by a 20 majority vote of the members lawfully serving on the board. 21 (6) The board of a general powers school district shall 22 adopt bylaws. These bylaws may establish or change board proce- 23 dures, the number of board officers, titles and duties of board 24 officers, and any other matter related to effective and efficient 25 functioning of the board. Regular meetings of the board shall be 26 held at least once each month, at the time and place fixed by the 27 bylaws. Special meetings may be called and held in the manner 00129'01 9 1 and for the purposes specified in the bylaws. Board procedures, 2 bylaws, and policies in effect on the effective date of this sec- 3 tion shall continue in effect until changed by action of the 4 board. 5 (7) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT SHALL HOLD 6 ITS ANNUAL SCHOOL ELECTION ON THE FIRST TUESDAY AFTER THE FIRST 7 MONDAY OF NOVEMBER IN EVERY YEAR. 8 (8) (7) The board of a school district shall be elected as 9 provided under this act and the Michigan election law. , Act 10 No. 116 of the Public Acts of 1954, being sections 168.1 to 11 168.992 of the Michigan Compiled Laws. The number of members of 12 the board of a general powers school district and the term of 13 office for a board member of a general powers school district 14 shall remain the same as they were for that school district 15 before the effective date of this section unless either or both 16 are JULY 1, 1996 UNLESS changed by the school electors of the 17 school district at a regular AN ANNUAL or special election. A 18 proposition for changing the number of board members or term of 19 office may be placed on the ballot by action of the board or by 20 petition submitted by school electors as provided under this 21 act THE MICHIGAN ELECTION LAW. 22 (8) On the effective date of this section, the board of 23 each school district shall continue to be the board of the school 24 district and to function in that capacity. A person lawfully 25 serving on the effective date of this act as a member of the 26 board of a school district shall continue to be a member of the 00129'01 10 1 board and shall continue in office for the remainder of the term 2 for which the person was elected or appointed. 3 (9) MEMBERS OF THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT 4 SHALL BE ELECTED BY THE SCHOOL ELECTORS FOR TERMS OF 4 YEARS. AT 5 EACH ANNUAL SCHOOL ELECTION HELD IN AN ODD-NUMBERED YEAR, MEMBERS 6 OF THE BOARD SHALL BE ELECTED TO FILL THE POSITIONS OF THOSE 7 WHOSE TERMS WILL EXPIRE. THE TERM OF OFFICE SHALL COMMENCE ON 8 JANUARY 1 AND CONTINUE UNTIL A SUCCESSOR IS ELECTED AND 9 QUALIFIED. 10 (10) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT MAY 11 SUBMIT TO THE SCHOOL ELECTORS OF THE SCHOOL DISTRICT A MEASURE, 12 PROPOSITION, OR QUESTION THAT IS WITHIN THE SCOPE OF THE POWERS 13 OF THE SCHOOL ELECTORS AND THAT THE BOARD CONSIDERS JUST AND 14 PROPER FOR THE PROPER MANAGEMENT OR CONDUCT OF THE SCHOOL SYSTEM 15 OR THE ADVANCEMENT OF EDUCATION IN THE SCHOOLS OF THE SCHOOL 16 DISTRICT. UPON THE ADOPTION OF A MEASURE OR QUESTION BY THE 17 BOARD, THE BOARD SHALL SUBMIT THE MEASURE OR QUESTION TO THE 18 SCHOOL ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT ENSUING ANNUAL 19 SCHOOL ELECTION OR AT A SPECIAL ELECTION. 20 (11) A SPECIAL ELECTION MAY BE CALLED BY THE BOARD AS PRO- 21 VIDED IN THIS ACT AND THE MICHIGAN ELECTION LAW. 22 (12) (9) Unless expressly provided in the amendatory act 23 that added this section 1995 PA 289, the powers of a school 24 board or school district are not diminished by this section or by 25 the amendatory act that added this section 1995 PA 289. 26 (13) (10) A school district operating a public library, 27 public museum, or community recreational facility as of the 00129'01 11 1 effective date of the amendatory act that added this section 2 JULY 1, 1996 may continue to operate the public library, public 3 museum, or community recreational facility. 4 Sec. 613. The intermediate school board shall meet annually 5 on or before the fourth Monday of July JANUARY and shall orga- 6 nize by electing a president, a vice-president, a secretary, and 7 a treasurer. The president and vice-president shall be members 8 of the intermediate school board, but the secretary and treasurer 9 need not be. The officers shall perform duties provided by law 10 and prescribed by the policies and regulations of the intermedi- 11 ate school board not inconsistent with this part or other laws of 12 the state. The treasurer shall post with the secretary a bond in 13 an amount approved by the intermediate school board, conditioned 14 upon the faithful performance of the treasurer's duties. 15 Sec. 616. (1) An intermediate school board may submit to 16 the school electors of the constituent districts comprising the 17 intermediate school district the question of adoption of sections 18 615 to 617. The question shall be in substantially the following 19 form: 20 "Shall sections 615 to 617 of the REVISED school code, of 21 1976, as amended, providing for the popular election of members 22 of the intermediate school board be effective within the constit- 23 uent districts of __________ (name of intermediate school 24 district)? 25 Yes ( ) 26 No ( )" 00129'01 12 1 (2) The intermediate school board shall submit the question 2 upon receipt of resolutions adopted by a majority of the boards 3 of constituent districts and representing more than 1/2 of the 4 combined memberships of the constituent districts of the interme- 5 diate school district as of the latest pupil membership count 6 day. The resolutions of the constituent district boards shall be 7 adopted between December MARCH 1 and the next succeeding 8 March JULY 1. The question shall be presented to the school 9 electors of the constituent districts at the next annual election 10 after resolutions of constituent district boards meeting the 11 requirements of this section have been filed with the secretary 12 of the intermediate school board. 13 (3) If a majority of the school electors votes in favor of 14 popular election, members of the intermediate school board shall 15 be elected at the next annual election HELD IN AN ODD-NUMBERED 16 YEAR and biennially thereafter at the annual school elections of 17 the constituent districts. If a constituent district holds its 18 annual election on a date other than the second Monday in June, 19 an election for the purpose of choosing members of the intermedi- 20 ate school board shall be held in that district on the second 21 Monday in June. 22 (4) An intermediate school district which THAT adopts sec- 23 tions 615 to 617 may in the same manner terminate the popular 24 election of members of the intermediate school board IN THE SAME 25 MANNER. 26 Sec. 617. (1) In an intermediate school district in which 27 sections 615 to 617 are effective, a candidate for the office of 00129'01 13 1 member of the intermediate school board shall be nominated, by 2 filing nominating petitions and an affidavit AND MEMBERS SHALL 3 BE ELECTED, as provided in section 558 of the Michigan election 4 law. , Act No. 116 of the Public Acts of 1954, being section 5 168.558 of the Michigan Compiled Laws, with the secretary of the 6 board of the intermediate school district before 4 p.m. of the 7 ninth Monday before the election. 8 (2) The nominating petitions shall be in the form provided 9 in section 1066. Nominating petitions shall contain signatures 10 of school electors who are registered to vote in the city or 11 township in which they reside equal in number to not less than 12 1.5% of the combined pupil memberships of the constituent dis- 13 tricts on the latest pupil membership count day. A candidate is 14 not required to file signatures of more than 5,000 voters. Each 15 sheet of the petition shall be circulated in 1 city or township 16 only. 17 (3) Within 14 days after the last date for filing, the sec- 18 retary of the intermediate school board shall certify the names 19 and addresses of those candidates whose petitions are found to be 20 sufficient to the secretaries of the boards of the constituent 21 districts. The secretary of the intermediate school board shall 22 certify the number to be elected. The secretary of the interme- 23 diate school board shall notify the county clerk of the names and 24 addresses of the candidates not later than 3 days after the last 25 day for candidate withdrawal. However, if the third day is a 26 Saturday, Sunday, or legal holiday, the notice may be sent on the 27 next day that is not a Saturday, Sunday, or legal holiday. 00129'01 14 1 (4) The intermediate school board shall provide ballots for 2 the election of members of the intermediate school board and dis- 3 tribute the ballots to the secretaries of each of the constituent 4 districts not less than 20 days before the annual school 5 elections. 6 (5) At the first election, 3 members of an intermediate 7 school board shall be elected for a term of 6 years, 2 for a term 8 of 4 years, and 2 for a term of 2 years. After the first elec- 9 tion, their successors shall be elected biennially for terms of 6 10 years. 11 (6) The intermediate school board of an intermediate school 12 district adopting sections 615 to 617 shall fill a vacancy in the 13 board's membership by appointing a member to serve until the next 14 biennial election, at which time a member shall be elected for 15 the balance of the unexpired term. 16 Sec. 661. (1) The intermediate school board may submit 17 questions to the INTERMEDIATE school electors of the intermediate 18 school district at an annual or special SCHOOL election held in 19 each of the constituent districts. A question shall not be sub- 20 mitted to the intermediate school electors unless the question is 21 within the lawful authority of the INTERMEDIATE SCHOOL electors 22 of the intermediate school district to decide. 23 (2) A person who is a school elector of a constituent dis- 24 trict of an intermediate school district and who is registered in 25 the city or township in which that person resides is an 26 INTERMEDIATE SCHOOL elector of that intermediate school 27 district. 00129'01 15 1 (3) If a question is submitted to intermediate school 2 electors at an annual school election, and a constituent district 3 does not hold its annual election on the second Monday of June, 4 the intermediate school board shall call a special election in 5 that constituent district to be held on the same date as the 6 annual school election. 7 (4) The secretary shall be the chief election officer of 8 the intermediate school district with authority to delegate elec- 9 tion duties to a member of the administrative staff. 10 Sec. 701. (1) Two or more adjoining intermediate school 11 districts may combine to form a single intermediate school dis- 12 trict when the reorganization is approved by a majority of the 13 electors of each intermediate school district voting on the ques- 14 tion in the annual elections of the constituent districts. 15 (2) The question of combining intermediate school districts 16 may be submitted by a resolution of the intermediate school 17 boards meeting in joint session. 18 (3) The question shall be submitted when IF petitions 19 signed by a number of school electors of each intermediate school 20 district equal to not less than 5% of the number of pupil member- 21 ships on the latest pupil membership count day of the combined 22 constituent districts of the intermediate school district are 23 filed with the secretary of 1 of the intermediate school boards. 24 Within 30 days after receiving sufficient petitions, the secre- 25 tary shall apply for approval to the state board SUPERINTENDENT 26 OF PUBLIC INSTRUCTION. The secretary shall cause the question to 00129'01 16 1 be submitted at the next annual school election after the state 2 board SUPERINTENDENT OF PUBLIC INSTRUCTION approves the merger. 3 (4) The ballots shall be furnished by each intermediate 4 school board for its constituent districts and shall be in sub- 5 stantially the following form: 6 "Shall the following intermediate school districts be orga- 7 nized as a single intermediate school district? 8 (List names of intermediate school districts) 9 Yes ( ) 10 No ( )". 11 (5) If the consolidation is approved by a majority of the 12 school electors voting on the question in each of the participat- 13 ing intermediate school districts, the reorganization shall 14 become IS effective in the combined intermediate school dis- 15 tricts 30 days after the annual election at which the question is 16 submitted. The reorganized intermediate school district shall 17 be IS a single intermediate school district subject to this 18 part. 19 (6) The members of the intermediate school boards of the 20 original intermediate school districts shall act as an interim 21 board until a board of the combined intermediate school district 22 is elected. The interim board shall possess HAS all the powers 23 and duties of an intermediate school board under this part. The 24 person chosen by the interim intermediate school board as inter- 25 mediate superintendent shall serve only until a successor is 26 chosen by the elected intermediate school board. The secretary 27 of the intermediate school board having the largest number of 00129'01 17 1 pupils in membership in its combined constituent districts at the 2 time of reorganization shall call a meeting of the members of the 3 interim intermediate school board for the purpose of organization 4 within 15 days after the effective date of the reorganization. 5 The secretary of the interim intermediate school board shall pro- 6 vide for the election of a board of the reorganized intermediate 7 school district under section 617 THE MICHIGAN ELECTION LAW. 8 At the first election there shall be elected 3 members of a 9 board for 6 years, 2 for 4 years, and 2 for 2 years. Their suc- 10 cessors shall be elected biennially on the first Monday of June 11 for terms of 6 years. The time from the date of election to the 12 next July 1 shall be considered 1 year. 13 (7) The reorganized intermediate school district shall oper- 14 ate as a single intermediate school district from the effective 15 date of the reorganization. Within 10 days after the reorganiza- 16 tion, all accounts of the reorganized intermediate school dis- 17 tricts shall be audited in the manner established by the interim 18 intermediate school board. The contracts of the intermediate 19 superintendents in force on the effective date of reorganization 20 shall continue in effect to UNTIL THE time of their termina- 21 tion except as to position as intermediate superintendents. 22 (8) If, prior to BEFORE reorganization of the intermediate 23 school districts each of the combining intermediate school dis- 24 tricts adopted special education programs by referendum pursuant 25 to part 30 and approved the same annual property tax rates for 26 the education of handicapped persons, the special education 00129'01 18 1 programs and the annual property tax rates shall continue in 2 effect in the reorganized intermediate school district. 3 Sec. 702. (1) An intermediate school district may be 4 annexed to another intermediate school district if the intermedi- 5 ate school board of the annexing intermediate school district 6 approves the annexation by resolution, and a majority of the 7 school electors of the intermediate school district to be annexed 8 voting on the question at an annual or special election in the 9 intermediate school district approve the annexation. If prior to 10 annexation the annexing intermediate school district adopts a 11 special education program by referendum pursuant to part 30, the 12 intermediate school electors of the intermediate school district 13 to be annexed must vote to adopt that special education program 14 and annual tax rate. The vote on the question shall be by ballot 15 furnished by the intermediate school board of the intermediate 16 school district to be annexed. Before the election is held, the 17 annexing intermediate school board shall obtain the approval of 18 the state board SUPERINTENDENT OF PUBLIC INSTRUCTION of the 19 proposed annexation. 20 (2) Within 10 days after the election, each constituent dis- 21 trict secretary shall file the result with the secretary of the 22 intermediate school district BOARD, and 5 days later the inter- 23 mediate school board secretary shall file the election result 24 with the secretary of the INTERMEDIATE SCHOOL board of the annex- 25 ing intermediate school district. Within 15 days after the 26 annexation election the intermediate school board of the annexed 27 intermediate school district shall account to the intermediate 00129'01 19 1 school board of the annexing intermediate school district for the 2 funds and property in its hands and shall turn over the same 3 FUNDS AND PROPERTY to that INTERMEDIATE SCHOOL board. Property 4 and money belonging to the annexed intermediate school district 5 shall become the property of the annexing intermediate school 6 district. The outstanding indebtedness of the annexed intermedi- 7 ate school district shall become the liability of the annexing 8 intermediate school district. Upon receipt of the funds and 9 property, the members of the annexed intermediate school board 10 shall be released from liability therefor FOR THE FUNDS AND 11 PROPERTY and their offices terminated. 12 (3) The annexation is effective on the latest date on which 13 the election was held in a constituent district of the annexed 14 intermediate school district. The secretary of the intermediate 15 school board of the annexing intermediate school district shall 16 give written notice of the annexation to the state board 17 SUPERINTENDENT OF PUBLIC INSTRUCTION within 15 days after the 18 annexation election. Within 30 days after annexation, the board 19 of the annexing intermediate school district shall appoint 2 20 school electors of the annexed intermediate school district to 21 membership on the intermediate school board of the reorganized 22 intermediate school district, who shall serve until July 23 JANUARY 1 after the next biennial INTERMEDIATE SCHOOL DISTRICT 24 election. Notification of the appointments shall be filed with 25 the state board SUPERINTENDENT OF PUBLIC INSTRUCTION. If the 26 appointments are not made within the 30 days, the state board 27 SUPERINTENDENT OF PUBLIC INSTRUCTION shall make the 00129'01 20 1 appointments. At the next biennial INTERMEDIATE SCHOOL 2 DISTRICT election, members of the intermediate school board shall 3 be elected in the number and for the terms required in section 4 701. The terms of the members of the intermediate school board 5 whose terms have not expired shall determine the terms of the 6 additional members to be elected. 7 Sec. 703. (1) An intermediate school district comprised of 8 less than 5 constituent districts and having no bonded indebted- 9 ness may be disorganized and its constituent districts attached 10 to contiguous intermediate school districts under this section. 11 (2) The board of each constituent district may request the 12 intermediate school board to prescribe a plan for disorganization 13 of the intermediate school district. Each request shall desig- 14 nate another intermediate school district to which the constitu- 15 ent district desires to be attached. The intermediate school 16 board shall prescribe, by resolution, a plan under which each of 17 the constituent districts will be attached in whole to contiguous 18 intermediate school districts designated in the requests. If the 19 designated intermediate school district is not contiguous, the 20 intermediate school board's plan may prescribe attachment to a 21 contiguous intermediate school district. 22 (3) The intermediate superintendent of the intermediate 23 school district which THAT is to be disorganized shall give 30 24 days' notice of the time and place of the meeting of the interme- 25 diate school board and of the proposed plan for disorganization 26 by publication of the notice in a newspaper of general 27 circulation in the intermediate school district. The 00129'01 21 1 intermediate school board shall present the adopted plan for 2 dissolution to the board of each of its constituent districts and 3 to the intermediate school board of each intermediate school dis- 4 trict whose boundaries would be enlarged by the proposal. 5 (4) The intermediate superintendent of each intermediate 6 school district whose boundaries would be enlarged by the disso- 7 lution shall give 30 days' notice of the time and place of the 8 meeting of the intermediate school board and of the recommended 9 plan for enlargement of the intermediate school district by pub- 10 lication of the notice in a newspaper of general circulation in 11 the intermediate school district. 12 (5) If the intermediate school board of each affected inter- 13 mediate school district approves the plan for disorganization, 14 the intermediate school board of the intermediate school district 15 to be dissolved shall refer the matter to the state board 16 SUPERINTENDENT OF PUBLIC INSTRUCTION for approval. The action of 17 the state board SUPERINTENDENT OF PUBLIC INSTRUCTION declaring 18 the intermediate school district dissolved shall be final. 19 Disorganization of the intermediate school district and attach- 20 ment of its constituent districts to contiguous intermediate 21 school districts shall be effective TAKES EFFECT on July 1 22 after the date of the approval of the state board 23 SUPERINTENDENT OF PUBLIC INSTRUCTION. 24 (6) The intermediate school boards of the intermediate 25 school districts to which territory is attached by dissolution 26 shall meet jointly, sitting as a single board, and make an 27 equitable distribution of the money, property, and other assets 00129'01 22 1 belonging to the disorganized INTERMEDIATE SCHOOL district among 2 the intermediate school districts affected. The territory of 3 constituent districts transferred to other intermediate school 4 districts by dissolution shall be subject to all taxes levied for 5 purposes of the intermediate school district to which trans- 6 ferred, including taxes for the retirement of bonded indebted- 7 ness, special education programs, and area vocational-technical 8 education programs. 9 (7) Within 30 days after a district attaches to a contiguous 10 intermediate school district under this section, the board of the 11 intermediate school district whose boundaries have been enlarged 12 by the dissolution may appoint 2 school electors of constituent 13 districts, 1 of whom shall be an elector of the attached dis- 14 trict, to membership on the intermediate school board. 15 Intermediate school board members appointed pursuant to this sub- 16 section shall serve until July JANUARY 1 after the next 17 biennial INTERMEDIATE SCHOOL DISTRICT election. The intermedi- 18 ate school board may determine 1 initial term of less than 6 4 19 years for 1 of the additional members to be elected at the 20 biennial INTERMEDIATE SCHOOL DISTRICT election. Notification 21 of an appointment shall be filed with the state board 22 SUPERINTENDENT OF PUBLIC INSTRUCTION. 23 Sec. 705. (1) Beginning in 1997, and IN each year after 24 1997, a regional enhancement property tax may be levied by an 25 intermediate school district at a rate not to exceed 3 mills to 26 enhance other state and local funding for local school district 00129'01 23 1 operations if approved by a majority of the intermediate school 2 electors voting on the question. 3 (2) If a resolution requesting that the question of a 4 regional enhancement property tax be submitted to the voters is 5 adopted within a 180-day period and transmitted to the intermedi- 6 ate school board by 1 or more boards of its constituent school 7 districts representing a majority of the combined membership of 8 the constituent school districts as of the most recent pupil mem- 9 bership count day and if those resolutions all contain an identi- 10 cal specified number of mills to be levied under this section and 11 an identical specified number of years for which the tax shall be 12 levied, the question of levying a regional enhancement property 13 tax by the intermediate school district shall be placed on the 14 ballot by the intermediate school district at the next annual 15 school election held in each of the constituent districts. 16 However, if the question is to be submitted at an annual school 17 election and a constituent district does not hold its annual 18 election on the second Monday in June, the intermediate school 19 board shall call a special election in that constituent district 20 to be held on the same day as the annual school election. If the 21 question is to be submitted to the intermediate school electors 22 of an intermediate school district having a population of more 23 than 1,400,000, the intermediate school board shall call a spe- 24 cial election to be held at the next state primary or general 25 election. However, if the resolution requirement is met more 26 than 180 days before the next annual school district elections, 27 to be held on the second Monday in June, and if requested in 00129'01 24 1 the resolutions, the intermediate school board shall submit the 2 question of levying a regional enhancement property tax within 3 the intermediate school district on the ballot at a special elec- 4 tion under section 662 called by the intermediate school board 5 for that purpose not earlier than 90 days or later than 120 6 days after the resolution requirements are met. 7 (3) Not later than 10 days after receipt by the intermediate 8 school district of the revenue from the regional enhancement 9 property tax, the intermediate school district shall calculate 10 and pay to each of its constituent school districts an amount of 11 the revenue calculated by dividing the total amount of the reve- 12 nue by the combined membership of the constituent school dis- 13 tricts within the intermediate district, as of the most recent 14 pupil membership count day, and multiplying that quotient by the 15 constituent school district's membership, as of the most recent 16 pupil membership count day for which a final department-audited 17 pupil count is available. 18 (4) Regional enhancement property tax under this section may 19 be levied for a term not to exceed 20 years, as specified in the 20 ballot question, and may be renewed for the same term with the 21 approval of a majority of the intermediate school electors voting 22 on the question. 23 (5) The question of levying a regional enhancement property 24 tax under this section shall be presented to the intermediate 25 school electors as a separate question. 26 Sec. 856. (1) If the intermediate superintendent of schools 27 is presented with petitions signed by school electors in each 00129'01 25 1 SCHOOL district to the number of not less than 50% of the number 2 of registered general SCHOOL electors residing in each primary 3 school district as of the date the intermediate superintendent 4 releases petitions, and by school electors of not less than 5% of 5 the number of registered general SCHOOL electors residing in 6 other school districts, the intermediate superintendent shall 7 cause the question of consolidation to be submitted to the vote 8 of the school electors of the school districts at THE NEXT ANNUAL 9 SCHOOL ELECTION OR a special election. called to be held within 10 90 days after the receipt of the petitions. 11 (2) The special election shall be held on a date approved by 12 the county election scheduling committee under section 639 of Act 13 No. 116 of the Public Acts of 1954, as amended, being section 14 168.639 of the Michigan Compiled Laws. 15 (2) (3) Petitions shall ARE not be required in a 16 school district operating 12 grades if a resolution adopted by 17 the board of the SCHOOL district requesting consolidation of 18 school districts has been filed with the intermediate 19 superintendent. 20 (4) Each city and township clerk shall certify to the 21 intermediate superintendent the number of registered general 22 electors residing in a school district upon request of the inter- 23 mediate superintendent. 24 Sec. 857. (1) The question of establishing a consolidated 25 school district shall be submitted to the school electors at AN 26 ANNUAL SCHOOL ELECTION OR AT a special election held for that 27 purpose. In voting to form the consolidated school district, a 00129'01 26 1 school district operating 12 grades shall vote separately as a 2 unit. The remaining school districts to be included in the con- 3 solidation shall vote together as a unit. 4 (2) The local board shall conduct the election in each 5 school district operating 12 grades. The intermediate school 6 board, the intermediate superintendent of which called the elec- 7 tion, shall conduct the election for the other school districts 8 voting together as a unit. 9 (2) (3) The elections shall be held on the same day and 10 during the same hours. Each school district shall vote as pro- 11 vided in part 12. 12 Sec. 858. (1) The intermediate superintendent shall give 13 notice of the last day of registration and notice of the date, 14 place, the propositions to be submitted, and the hours the polls 15 will be open for the special election to the school electors of 16 the districts operating less than 12 grades in the manner and at 17 the times prescribed by sections 1002 and 1058. (2) The inter- 18 mediate superintendent shall give written notice to the secretary 19 of the board of each affected school district operating 12 20 grades of the day and hours for holding the special election. 21 Each secretary shall give the statutory notice of the day, place 22 or places, and the hours for holding the election and of the last 23 day of registration. The intermediate superintendent shall 24 notify the secretary of the board of each school district of the 25 date of the consolidation election at least 60 days before the 26 election. 00129'01 27 1 Sec. 859. (1) The proposition shall be in substantially the 2 following form: 3 "Shall the territory of the following school districts be 4 united to form 1 school district? 5 (Names of school districts to be consolidated to be listed 6 here) 7 Yes ( ) 8 No ( )". 9 (2) Printed ballots, voting machines, or other voting 10 devices shall be used. The intermediate superintendent shall 11 supply printed ballots, poll books, and other necessary election 12 supplies to each board of election inspectors of the election 13 unit of the school districts operating less than 12 grades. 14 (3) The secretary of the board of each school district oper- 15 ating 12 grades shall provide printed ballots for the election 16 and supply all election materials necessary for the election. 17 The board of each school district shall appoint the necessary 18 school electors to the board of election inspectors. 19 (4) The members of the intermediate school board shall act 20 as the board of election inspectors for the election held in 21 school districts operating less than 12 grades. The intermediate 22 board may appoint additional persons to a board of election 23 inspectors. If more than 1 place for holding the election is 24 designated by the intermediate superintendent, the members of the 25 intermediate school board shall be apportioned by the intermedi- 26 ate superintendent to the boards of election inspectors. If a 27 member of the intermediate school board or other person appointed 00129'01 28 1 to a board of election inspectors is unable to be present at the 2 election or is required to leave during the hours the polls are 3 open, the remaining members of the board of election inspectors 4 may appoint another person to fill the vacancy. 5 (5) Each member of a board of election inspectors shall take 6 the constitutional oath of office before entering on the duties 7 of an election inspector. 8 (2) (6) The affirmative vote of a majority of the school 9 electors voting on the question in each of the election units 10 shall be IS necessary to effect the consolidation of the school 11 districts. The consolidation shall become effective as of the 12 date of the official canvass. 13 (3) (7) The members of the intermediate school board and 14 other inspectors of election acting in the election unit of a 15 school district operating less than 12 grades shall receive the 16 same compensation for conducting the election as is authorized 17 for election inspectors in a general state election. If the con- 18 solidation becomes effective, expenses incurred for the election 19 in each election unit shall be certified to the board of the con- 20 solidated school district. The school board OF THE CONSOLIDATED 21 SCHOOL DISTRICT shall pay election costs REIMBURSEMENTS from 22 the funds of the consolidated school district. If the proposi- 23 tion to consolidate is not approved, the intermediate school 24 board shall determine the expenses of the election held in the 25 election unit operating less than 12 grades and apportion the 26 expenses REQUIRED REIMBURSEMENTS equally among the school 27 districts of the election unit. Each school board of the 00129'01 29 1 election unit shall pay the apportionment to the intermediate 2 school board LOCAL UNIT OF GOVERNMENT THAT CONDUCTED THE 3 ELECTION. 4 Sec. 860. (1) If the petitions filed with an intermediate 5 superintendent under section 853 request submission of the ques- 6 tion of assuming the bonded indebtedness of 1 or more of the 7 school districts proposing consolidation, or the question of 8 increasing the constitutional limitation on taxes of the consoli- 9 dated school district for operating purposes to the school elec- 10 tors at the consolidation election, the intermediate superinten- 11 dent shall include the question or questions in the notice of the 12 election propositions filed with each of the election units. 13 under section 857. 14 (2) A request for including assumption by the consolidated 15 school district of the bonded indebtedness of 1 or more of the 16 districts proposing consolidation shall be stated on the petition 17 after the names of the school districts to be consolidated in 18 substantially the following form: 19 "We petition that the question of assumption and payment by 20 the proposed consolidated school district of the bonded indebted- 21 ness of ______________________________ be submitted to the 22 (name of school district or districts) 23 electors at the same election in which the proposed consolidation 24 is submitted", and if applicable, 25 "We petition that the question of increasing the constitu- 26 tional limitation on taxes which may be assessed against all 27 property in the proposed consolidated school district by _____ 00129'01 30 1 mills for a period of _____ years, 19___ to 19___ ___ TO ___, 2 inclusive, for operating purposes, be submitted to the electors 3 at the same election with the question of consolidating the above 4 listed districts". 5 (3) If the school electors approve the consolidation of 6 school districts and the assumption of the bonded indebtedness of 7 an original district, the consolidated school district shall 8 assume the obligation of the bonded indebtedness. The consoli- 9 dated school district shall pay the bonded indebtedness by 10 spreading debt retirement taxes uniformly over the territory of 11 the consolidated district. Section 864 shall apply APPLIES to 12 the debt retirement tax levies, the continuing obligations of the 13 original school districts, and the rights and remedies of a 14 bondholder. 15 Sec. 861. (1) Within 10 days after the date of the offi- 16 cial canvass of the consolidation election, the intermediate 17 school board of the intermediate school district containing the 18 territory of the consolidated school district shall appoint 19 school electors of the SCHOOL district in the number required by 20 the classification of the school district to act as a board for 21 the SCHOOL district. If a consolidated school district includes 22 territory in more than 1 intermediate school district, the 23 appointment shall be made by the intermediate school board of 24 each intermediate school district acting jointly as a single 25 board. Within 7 days after appointment, each member shall file 26 with the intermediate superintendent an acceptance of the office, 27 accompanied by a written affidavit setting forth the fact of 00129'01 31 1 eligibility as provided in section 1102 FOR OFFICE. Except as 2 otherwise provided in subsection (2), each EACH appointed board 3 member shall hold office until June thirtieth DECEMBER 31 next 4 following appointment. A new board shall be elected at the first 5 annual election held after the effective date of consolidation IN 6 AN ODD-NUMBERED YEAR in the manner prescribed in part 3 or part 7 4 BY LAW for the election of a first board. 8 (2) If the effective date of the consolidation is between 9 the thirtieth day prior to the annual election and December 31, 10 the board appointed by the intermediate school board at its first 11 meeting shall call a district election to be held within 45 days 12 after the day of the meeting. At the election, a board of the 13 requisite number of members shall be elected for terms required 14 for the election of a first board in section 111 or section 211. 15 The election shall be in lieu of the first annual election, and 16 the first year of each term of office shall extend until July 1 17 following the next succeeding annual election. The board shall 18 hold its first meeting and elect officers as provided in section 19 114 or section 231. 20 Sec. 932. (1) The secretary of the board of the school 21 district to be divided shall call an election at which the ques- 22 tion of the division of the school district shall be submitted to 23 the school electors. Vote on the proposition shall be by ballot 24 in the form determined by the intermediate school board and shall 25 clearly describe the division. Before an election is held, the 26 state board SUPERINTENDENT OF PUBLIC INSTRUCTION shall approve 27 the proposed division and the attachment of the parts to existing 00129'01 32 1 operating school districts. The election in the school district 2 to be divided shall be held not later than 60 days THE NEXT 3 AVAILABLE DATE FOR AN ANNUAL SCHOOL ELECTION OR SPECIAL SCHOOL 4 ELECTION following the date of approval by the state board 5 SUPERINTENDENT OF PUBLIC INSTRUCTION. 6 (2) The affirmative vote of a majority of the school elec- 7 tors voting on the question shall be IS necessary to ratify the 8 action of the intermediate school board. 9 (3) Territory attached to an existing operating school dis- 10 trict shall be a part of that SCHOOL district for all purposes, 11 including the levy of all taxes which the SCHOOL district to 12 which the territory is attached has the authority IS AUTHORIZED 13 to levy. 14 (4) Within 5 days after the election the secretary of the 15 board of the school district in which the election is held shall 16 file a certified statement of the vote for division with the 17 intermediate superintendent. 18 (5) Within 30 days after the filing of the certified state- 19 ment of the vote approving the division, the intermediate school 20 board, by resolution, shall declare the school district divided, 21 attach the territory thereof to the specified operating school 22 districts, and make an equitable distribution of the money, prop- 23 erty, and other material belonging to the SCHOOL district among 24 the SCHOOL districts to which the territory is attached. 25 (6) If the effective date is determined by the resolution of 26 the board or by the petition of the school electors under section 00129'01 33 1 931, the intermediate school board shall declare the school 2 district divided on that date. 3 Sec. 945. Upon receipt of an order transmitted pursuant to 4 section 944 and approving the division of the school district, 5 the board of the school district to be annexed, divided, and 6 transferred shall provide by resolution for the election on the 7 question of annexing, dividing, and transferring the school 8 district. , which THE election shall be conducted and canvassed 9 in the dividing district pursuant to parts 12 and 13 AS PRO- 10 VIDED IN THE MICHIGAN ELECTION LAW. The question to be submitted 11 to the electors shall be whether the territory of the dividing 12 school district shall be annexed and transferred in the manner 13 specified in the resolution of the dividing school district. 14 SEC. 1206. A SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR 15 INTERMEDIATE SCHOOL DISTRICT ANNUAL SCHOOL ELECTION OR SPECIAL 16 ELECTION SHALL BE ADMINISTERED AND CONDUCTED AS PROVIDED IN THE 17 MICHIGAN ELECTION LAW. A SCHOOL DISTRICT, LOCAL ACT SCHOOL DIS- 18 TRICT, OR INTERMEDIATE SCHOOL DISTRICT MAY USE GENERAL OPERATING 19 FUNDS TO REIMBURSE UNITS OF LOCAL GOVERNMENT INVOLVED IN ADMINIS- 20 TERING AND CONDUCTING AN ANNUAL SCHOOL ELECTION OR SPECIAL SCHOOL 21 ELECTION FOR THE SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR 22 INTERMEDIATE SCHOOL DISTRICT, AS REQUIRED UNDER THE MICHIGAN 23 ELECTION LAW. 24 Sec. 1361. (1) School district elections upon the issuance 25 of bonds shall be held and conducted as elections in registra- 26 tion districts in accordance with part 13 THIS ACT AND THE 00129'01 34 1 MICHIGAN ELECTION LAW. Members of the SCHOOL board of education 2 shall not serve on a board of election inspectors. 3 (2) The question shall be submitted by ballot in substan- 4 tially the following form: 5 "Shall .................................................., 6 (here state the legal name of the school district) 7 county/or counties of .................... and state of 8 Michigan, borrow the sum of not to exceed .................... 9 dollars ($....................) and issue its bonds therefor, 10 for the purpose of ....................? 11 Yes ( ) 12 No ( )". 13 (3) Anything contained in the ballot not specified in this 14 section shall be considered surplusage and of no legal effect. 15 Enacting section 1. The following sections and parts of the 16 revised school code, 1976 PA 451, MCL 380.1 to 380.1852, are 17 repealed effective January 1, 2002: 18 (a) Section 662, MCL 380.662. 19 (b) Part 12, MCL 380.1001 to 380.1071. 20 (c) Part 14, MCL 380.1101 to 380.1106. 21 Enacting section 2. This amendatory act shall take effect 22 January 1, 2002. 23 Enacting section 3. This amendatory act does not take 24 effect unless Senate Bill No. ______ or House Bill No. 4629 25 (request no. 00129'01 a) of the 91st Legislature is enacted into 26 law. 00129'01 Final page. TAV