April 26, 2005, Introduced by Senators CLARKE, CLARK-COLEMAN, SCOTT, BASHAM, BRATER and LELAND and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 431a (MCL 380.431a), as amended by 2004 PA 303.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
431a. (1) The Except
as otherwise provided in
subsection (4), the board of the first class school district may
take, use, hold, lease, sell, and convey real and personal
property, including property received by gift, devise, or bequest,
for the use of the public school within and without its corporate
limits. Proceeds from the sale of real property shall be credited
to accounts of the school district as provided in section 1262. The
first class school district board has the power to purchase, lease,
and take by the right of eminent domain all property; erect and
maintain or lease all buildings; employ and pay all persons; and do
all other things in its judgment necessary for the proper
establishment and management of the public schools. If the question
under section 410 is approved in the first class school district,
then the chief executive officer appointed under section 420 has
the powers and shall perform the duties of the board of the first
class school district under this subsection.
(2) The first class school district board may adopt and revise
as appropriate bylaws and regulations for conducting the business
of the board and, if the question under section 410 is not approved
in the first class school district, for the control and government
of all schools, school property, and pupils in the first class
school district.
(3) If property is sought to be taken by eminent domain,
proceedings may be brought under 1911 PA 149, MCL 213.21 to 213.25,
or the uniform condemnation procedures act, 1980 PA 87, MCL 213.51
to 213.75.
(4) For a school district that is a first class school
district as of the effective date of the amendatory act that added
this subsection, until January 1, 2006 the first class school
district shall not sell or convey, or enter into an agreement to
sell or convey, any real or personal property of the school
district.