SB-0249, As Passed House, June 20, 2017

SB-0249, As Passed Senate, May 23, 2017

SUBSTITUTE FOR

SENATE BILL NO. 249

     A bill to create the educational instruction access act; to

limit the powers of local governmental bodies regarding the

selling, transferring, leasing, or renting of property; and to

provide remedies and penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"educational instruction access act".

     Sec. 3. As used in this act:

     (a) "Educational institution" means any of the following:

     (i) A school district, an intermediate school district, or a

public school academy as those terms are defined in sections 4 to 6

of the revised school code, 1976 PA 451, MCL 380.4 to 380.6.

     (ii) A community college established under the community

college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under

part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to

380.1607.

     (b) "Local governmental body" means any local government or

its subdivision, including, but not limited to, a city, village,

township, county, or educational institution; a local public

authority, agency, board, commission, or other local governmental,

quasi-governmental, or quasi-public body; or a public body that

acts or purports to act in a commercial, business, economic

development, or similar capacity for a local government or its

subdivision.

     (c) "Private school" means a private, denominational, or

parochial school as described in section 2 of 1921 PA 302, MCL

388.552.

     Sec. 5. (1) Except as otherwise provided in this subsection, a

local governmental body shall not adopt, enforce, or administer an

ordinance, local policy, or local resolution that prohibits

property sold, leased, or transferred by the local governmental

body from being used for any lawful educational purpose by an

educational institution or private school. This subsection does not

apply to either of the following:

     (a) A zoning ordinance adopted by the local governmental body

under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101

to 125.3702.

     (b) The administrative review of a site plan as provided in

section 1263(4) of the revised school code, 1976 PA 451, MCL

380.1263.

Senate Bill No. 249 as amended May 18, 2017

     (2) A local governmental body shall not impose any deed

restriction that prohibits property sold, leased, or transferred by

the local governmental body from being used for any lawful

educational purpose by an educational institution or private

school. Any such deed restriction in effect on the effective date

of this subsection is void.

     (3) If a local governmental body offers property of the local

governmental body for sale, lease, or rent, the local governmental

body shall not refuse to sell, lease, or rent the property to an

educational institution or private school solely because the

educational institution or private school intends to use the

property for an educational purpose, if the intent of the

educational institution or private school is to use the property

for a lawful educational purpose. If a local governmental body

offers property of the local governmental body for sale, lease, or

rent, the local governmental body is not required to sell, lease,

or rent the property to an educational institution or private

school solely because the educational institution or private school

intends to use the property for an educational purpose. This

subsection does not require a local governmental body to do either

of the following:

     (a) Provide special notice of property offers to an

educational institution or a private school.

     (b) Provide a right of first refusal to an educational

institution or a private school.

     Sec. 7. (1) If a local governmental body is <<allegedly>> not

complying with

this act, <<the attorney general, prosecuting attorney of the county in

which the local governmental body serves, or educational institution or private school aggrieved by the local governmental body may provide written notice of noncompliance to the local governmental body. If the local governmental body fails to cure the noncompliance within 30 days after receiving the written notice of noncompliance,>> the attorney general, prosecuting attorney of the county

in which the local governmental body serves, or educational

institution or private school aggrieved by the local governmental

body may commence a civil action to compel compliance or to enjoin

further noncompliance with this act.

     (2) An action for injunctive relief against a local

governmental body must be commenced in the circuit court, and venue

is proper in any county in which the local governmental body

serves. If an educational institution or private school commences

an action for injunctive relief, that educational institution or

private school is not required to post security as a condition for

obtaining a preliminary injunction or a temporary restraining

order.

     (3) If a local governmental body is not complying with this

act, and an educational institution or private school commences a

civil action against the local governmental body for injunctive

relief to compel compliance or to enjoin further noncompliance with

the act and succeeds in obtaining relief in the action, the

educational institution or private school may recover court costs

and reasonable attorney fees for the action.