March 16, 2017, Introduced by Senator SHIRKEY and referred to the Committee on Education.
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.
(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.
Sec. 7. (1) If a local governmental body is 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 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.