February 26, 2015, Introduced by Reps. Price, Hughes, Victory, Schor, Crawford, Cox, Yonker, Potvin, Pettalia, McBroom, Brinks and Faris and referred to the Committee on Education.
A bill to amend 1966 PA 331, entitled
"Community college act of 1966,"
by amending sections 11, 21, 31, 34, 34a, 41, 51, 52, 54, 61, 82,
85, and 111 (MCL 389.11, 389.21, 389.31, 389.34, 389.34a, 389.41,
389.51, 389.52, 389.54, 389.61, 389.82, 389.85, and 389.111),
section 21 as amended by 2013 PA 53, sections 34, 34a, 51, 52, and
54 as amended by 2003 PA 306, section 41 as amended by 2004 PA 446,
section 61 as amended and section 85 as added by 2000 PA 488,
section 82 as amended by 1992 PA 20, and section 111 as amended by
1997 PA 135.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11. (1) One Subject to
subsection (2), 1 or more
contiguous
counties ,
excepting any portion previously included in
an
existing community college district, may
join to form a
community college district by a majority vote of the electors
thereof.
residing in the proposed
district. Before the election is
held, the board or joint boards of education of the intermediate
school districts of the counties affected must obtain the approval
of the formation of the proposed community college district and the
proposed
maximum annual tax rate shall be obtained from the state
board
of education by the board or joint boards of education of the
intermediate
school districts of the counties
affected.superintendent of public instruction.
(2)
For the purposes of this chapter, a county is eligible for
the
formation of may form a community college district even though
a
portion thereof of that
county is a part of an existing
community
college
district. Such That portion of
the county shall not be
included
in the area of the proposed community college district nor
shall
persons residing in such areas be and
the electors who reside
in that portion of the county are not eligible to vote at the
organizational election or at any succeeding community college
district elections.
Sec. 21. (1) By adoption of a resolution, the board of
trustees of a community college district organized under this
chapter may initiate annexation to the community college district,
in
the manner provided in this act, of
that portion of a contiguous
county,
contiguous township, contiguous intermediate school
district,
or contiguous local school district that is not already
included
within the area of a community college district. , subject
to
the following:
(a)
A community college district located in the Upper
Peninsula
may annex a county, township, intermediate school
district,
or local school district that is not contiguous.
(b)
A community college district that has been offering
classes
at a federal military installation located in a
noncontiguous
county for a period of at least 20 years may annex
that
noncontiguous county or that portion of the noncontiguous
county
that is not within another community college district.
(2) Before an annexation election described in subsection (3),
the board of trustees shall obtain approval of the proposed
annexation
from the superintendent of public instruction. Upon
receipt
of the If the board receives
that approval, the secretary
of the board of trustees shall file certified copies of the
annexation resolution and the approval with the clerk of the county
or township to be annexed, or the secretary of the board of the
intermediate school district or local school district and the
school district filing official of the school district to be
annexed, as applicable.
(3) After the resolution and approval are filed under
subsection (2), the county board of commissioners, the township
board, or the board of the intermediate or local school district,
as applicable, shall request that the school district filing
official call a special election for the purpose of voting on the
question of annexation to the community college district and of
approving the maximum tax rate existing in the community college
district. A special election called under this subsection shall be
held
on a the next regular election day that is not less than at
least 49 days after the special election is requested.
(4) An annexation is effective on the date of the election if
both propositions receive majority approval of the electors voting
on the propositions. The final results of the annexation election
shall be canvassed by the appropriate board of county canvassers as
provided in section 24a of the Michigan election law, MCL 168.24a.
(5) By virtue of annexation, unless otherwise provided in the
approved annexation propositions, territory annexed to a community
college district is subject to taxes levied for principal and
interest of outstanding bonded indebtedness of the community
college district.
(6) If a portion of a county, township, or intermediate or
local school district to be annexed lies within a community college
district at the time of the annexation election, then the electors
residing in that territory are not eligible to vote on the
propositions and that territory does not become a part of the
community college district.
Sec.
31. (1) A school district or 2 or more contiguous school
districts
which that operate grades kindergarten through 12 may
form
a community college district. When If resolutions of the
boards
of education of contiguous school districts requesting the
organization of the community college district are filed with the
secretary of the board of education of the intermediate school
district having the highest valuation in the proposed community
college district area, he or she shall refer the questions of
organizing the community college district and the proposed annual
tax
rate to the state board of education superintendent of public
instruction
for approval. When If the
board of education of a
single school district adopts a resolution requesting the
organization of a community college district, the secretary of the
board
of education of that district shall refer such those
questions
to the state board of education superintendent
of public
instruction for approval.
(2) For the purpose of this chapter, a school district
operating
grades kindergarten through 12 shall be eligible for the
formation
of may form a community college district even though a
part of the district is within an existing community college
district.
Except as provided in section 46, the that
part of the
school district shall not be included in the area of the community
college
district nor shall a person residing in the part be and an
elector who resides in that part of the school district is not
eligible to vote at the organizational election or at any community
college district election.
Sec. 34. (1) If the community college district consists of a
single school district, the community college district is directed
and governed by a board of trustees consisting of 7 members,
elected at large in the territory of the district or proposed
district on a nonpartisan basis. At the organizational election,
the electors shall elect 3 members for 6-year terms, 2 for 4-year
terms, and 2 for 2-year terms. After the initial terms, at the next
regular community college election immediately preceding the
expiration of a member's term of office, the electors shall elect
the member's successor for a term of 6 years.
(2) If an organizational election is held at the same time as
a
regular school election in May, November,
the term of office of
each
member elected shall commence on July January 1 following the
organizational
election. If the regular school election is held in
November,
the term of each member elected shall commence on the
January
1 following the organizational election.
(3) If an organizational election is held on a date other than
the date of a regular school election, each board member shall take
office on the fifteenth day following the date of the
organizational election. Regular terms of office shall commence on
July
1 following the next regular school election in May. If the
next
regular school election is held in November, the regular terms
of
office shall commence on the
January 1 following the annual
regular school election in November. If the organizational election
is held on a date other than the regular election date of the
component school district, the first year of the term of office of
each of the members elected to the first board of trustees shall
extend
for the period of time remaining until July 1 or January 1 ,
whichever
is applicable under this subsection, following
the date
of the regular election of the component district held not less
than 1 year nor more than 2 years after the date of the
organizational election.
Sec. 34a. (1) If the community college district organized
under this chapter consists of 2 or more school districts, the
community college district shall be directed and governed by a
board
of trustees consisting that
consists of 7 members, elected at
large in the proposed community college district on a nonpartisan
basis.
At the organizational election, there shall be elected 3
members shall be elected for 6-year terms, 2 members for 4-year
terms, and 2 members for 2-year terms. Thereafter, at the next
regular community college election immediately preceding the
expiration of their terms of office, their successors shall be
elected for terms of 6 years.
(2) If the organizational election is held at the same time as
the
regular school election in May, the term of office of each
member
elected shall commence on July 1 following the
organizational
election. If the regular school election is held in
November, the term of each member elected shall commence on the
January 1 following the organizational election.
(3) If the organizational election is held on a date other
than the date of the regular school election, each board member
shall take office on the fifteenth day following the date of the
organizational election. Regular terms of office shall commence on
July
January 1 following the next regular school election in May.
If
the next regular school election is held in November, the
regular
terms of office shall commence on the January 1 following
the
regular school election. November.
If the organizational
election is held on a date other than the regular school election,
the first year of the term of office of each of the members elected
to the first board of trustees shall extend for the period of time
remaining
until July 1 or January 1, whichever is applicable under
this
subsection, following the date of
the regular school election.
Sec.
41. (1) The By adoption of
a resolution, the board of
trustees
by resolution may annex to a community college district
any
contiguous of a community
college district organized under this
chapter may initiate annexation to the community college district,
in the manner provided in this act, of that portion of a local
school
district, contiguous intermediate school district, or
contiguous
county, or township that is not already included within
in a community college district.
(2)
The Before an annexation
election described in subsection
(3), the board of trustees shall obtain the approval of the
proposed annexation from the superintendent of public instruction.
Upon
receipt of the If the board
receives that approval, the
secretary of the board of trustees shall file certified copies of
the annexation resolution and the approval with the secretary of
the board of education and school district filing official of the
local school district to be annexed, the secretary and school
district filing official of the intermediate school board of the
intermediate
school district to be annexed, and the county clerk of
the county to be annexed, or the township clerk of the township to
be annexed, as applicable.
(3) After the resolution and approval are filed under
subsection (2), the county board of commissioners, the township
board, or the board of the intermediate or local school district,
as applicable, shall request that the school district filing
official call a special election for the purpose of voting on the
question of annexation to the community college district and of
approving the maximum tax rate existing in the community college
district. A special election called under this subsection shall be
held on the next regular election day that is at least 49 days
after the special election is requested.
(4) An annexation is effective on the date of the election if
both propositions receive majority approval of the electors voting
on the propositions. The final results of the annexation election
shall be canvassed by the appropriate board of county canvassers as
provided in section 24a of the Michigan election law, MCL 168.24a.
(5) By virtue of annexation, unless otherwise provided in the
approved annexation propositions, territory annexed to a community
college district is subject to taxes levied for principal and
interest of outstanding bonded indebtedness of the community
college district.
(6) If a portion of a county, township, or intermediate or
local school district to be annexed lies within a community college
district at the time of the annexation election, then the electors
residing in that territory are not eligible to vote on the
propositions and that territory does not become a part of the
community college district.
(7) (3)
If a school district that operates
grades kindergarten
through 12 is annexed to a community college district before July
1, 2004, the school district is entitled to elect a member to the
board of trustees of the community college district for a term of 6
years. The first member shall be elected at the first regular
community
college election next succeeding after the annexation
election.
Sec. 51. The board of an intermediate school district or the
boards
of 2 or more contiguous intermediate school districts acting
as a single board may form a community college district under this
chapter. The board of the intermediate school district or joint
board
of the contiguous intermediate school districts shall
designate the territory of the proposed community college district
and refer the questions of organizing the community college
district and the proposed annual tax rate to the superintendent of
public instruction for approval. If the superintendent of public
instruction approves, he or she shall notify the board of the
intermediate school district or joint board, which shall request
that the school district filing official include the necessary
propositions for forming the community college district to the
electors in the designated territory at the regular school election
or at a special election called for that purpose.
Sec. 52. (1) The secretary of the board of the intermediate
school district, or the secretary of the board of the intermediate
school
district having that has the highest valuation in the
proposed community college district for a community college formed
by
2 or more contiguous intermediate school districts, shall file a
copy
of the approval of the superintendent of public instruction ,
specified
described in section 51 together with the propositions to
be
submitted to the electors , described
in section 51 with the
secretary of the board of education of each component local school
district and the school district filing official.
(2) If the secretary of a local school board receives the
filing described in subsection (1) at least 60 days but not more
than 6 months before the next regular school election, that
secretary shall request that the school district filing official
include the necessary community college propositions for forming
the community college district with the proceedings for the regular
school election.
(3) If the secretary of a component local school district
receives the filing described in subsection (1) more than 6 months
or less than 60 days before the date of the regular school
election, the board of that district shall request that the school
district filing official call a special election. At the special
election, the propositions relating to the establishment of the
community college district shall be submitted to the electors.
Sec. 54. (1) A community college district is directed and
governed
by a board of trustees, consisting of that consists of 7
members except as provided in subsection (4), elected at large in
the territory of the district or proposed district on a nonpartisan
basis. At the organizational election, the electors shall elect 3
members for 6-year terms, 2 for 4-year terms, and 2 for 2-year
terms. After the initial terms, the electors shall elect members
for 6-year terms.
(2) If an organizational election is held at the same time as
a
regular school election in May, November,
the term of office of
each
member elected shall commence on July January 1 following the
organizational election.
(3)
When If an organizational election is held on a date other
than the date of a regular school election, each board member shall
take office on the fifteenth day following the date of the
organizational election. Regular terms of office shall commence on
July
January 1 following the next regular school election. If the
organizational election is held on a date other than the regular
election date of the component school districts, the first year of
the term of office of each of the members elected to the first
board of trustees shall extend for the period of time remaining
until
July January 1 following the date of the regular election of
the component districts held not less than 1 year nor more than 2
years from the date of the organizational election.
(4)
If a contiguous county is annexed to a community college
district under this chapter, the electors of the annexed county
shall elect 2 additional members to the board of trustees of the
community college district, elected at large in the annexed county
on a nonpartisan basis for a term of 6 years. The term of office of
an additional member shall commence 15 days after the date of
certification of his or her election, at either a general election
or a special election of the annexed county held within 6 months
after the election approving of the annexation. Each additional
member, and his or her replacement if a vacancy occurs during the
6-year term, shall be an elector of the annexed county. After the
initial 6-year term, the 2 additional board positions are
abolished, and the board of trustees shall consist of 7 members,
elected as provided in subsection (1).
Sec.
61. (1) The board of trustees by resolution may propose
annexation
and annex to a community college district any of the
following
if not By adoption of a
resolution, the board of trustees
of a community college district organized under this chapter may
initiate annexation to the community college district, in the
manner provided in this act, of that portion of an intermediate
school district, local school district, county, or township that is
not
already included within a community
college district. :
(a)
A contiguous intermediate school district, contiguous
local
school district, or contiguous county.
(b)
A contiguous intermediate school district and 1 or more
local
school districts contiguous to that intermediate school
district,
subject to the following:
(i) If a majority of the electors of that intermediate
school
district
do not approve of both propositions of annexation of that
intermediate
school district described in section 63, then the
annexation
of that intermediate school district and the annexation
of
any of the local school districts are ineffective, and that
intermediate
school district and the local school districts do not
become
part of the community college district.
(ii) If a majority of the electors of that intermediate
school
district
approve of both propositions of annexation of that
intermediate
school district described in section 63, that
intermediate
school district and each of the local school districts
in
which a majority of the electors approve of both propositions of
annexation
of that local school district become part of the
community
college district.
(2)
The Before an annexation
election described in subsection
(3), the board of trustees shall obtain the approval of the
proposed annexation from the superintendent of public instruction.
Upon
receipt of the If it receives
that approval, the secretary of
the board of trustees shall file certified copies of the annexation
resolution
and the approval as follows:
(a)
For an annexation described in subsection (1)(a), with the
secretary of the intermediate school board and the school district
filing official of the intermediate school district to be annexed,
with the secretary of the board of education and the school
district filing official of the local school district to be
annexed,
and with the county clerk of the county to be annexed, or
with the township clerk of the township to be annexed, as
applicable.
(b)
For an annexation described in subsection (1)(b), with the
secretary
of the intermediate school board of the intermediate
school
district to be annexed and the secretary of the board of
education
of each local school district to be annexed.
(3) After the resolution and approval are filed under
subsection (2), the county board of commissioners, the township
board, or the board of the intermediate or local school district,
as applicable, shall request that the school district filing
official call a special election for the purpose of voting on the
question of annexation to the community college district and of
approving the maximum tax rate existing in the community college
district. A special election called under this subsection shall be
held on the next regular election day that is at least 49 days
after the special election is requested.
(4) An annexation is effective on the date of the election if
both propositions receive majority approval of the electors voting
on the propositions. The final results of the annexation election
shall be canvassed by the appropriate board of county canvassers as
provided in section 24a of the Michigan election law, MCL 168.24a.
(5) By virtue of annexation, unless otherwise provided in the
approved annexation propositions, territory annexed to a community
college district is subject to taxes levied for principal and
interest of outstanding bonded indebtedness of the community
college district.
(6) If a portion of a county, township, or intermediate or
local school district to be annexed lies within a community college
district at the time of the annexation election, then the electors
residing in that territory are not eligible to vote on the
propositions and that territory does not become a part of the
community college district.
Sec. 82. (1) A community college district established under
this chapter shall have a board of trustees composed of 9 members
determined and elected or appointed to fill a vacancy as provided
in section 83. Until January 1, 1993, each member shall represent a
trustee district established under former section 82A. Beginning
January 1, 1993, each member shall represent a trustee district
established under subsection (2) or (3).
(2) Before April 1, 1992, the board of trustees of a community
college established under this chapter shall reapportion the
territory of the community college district to determine the
boundary lines of the 9 trustee districts, using the 1990 federal
decennial census. The trustee districts shall be compact,
contiguous, and as equal as possible in population and shall be
drawn to adjust for malapportionment by commencing redistricting
from existing districts. The trustee districts established under
this subsection shall be in effect until reapportionment of the
trustee districts under subsection (3). All costs for the
reapportionment under this subsection shall be paid by the state
until a tax levy is authorized under section 84.
(3) Beginning with the 2000 federal decennial census, after
each federal decennial census the board of trustees of a community
college established under this chapter shall reapportion the
territory of the community college district to determine the
boundary lines of the 9 trustee districts. The trustee districts
shall
be compact , contiguous, and as equal as possible in
population and shall be drawn to adjust for malapportionment by
commencing redistricting from existing districts.
Sec.
85. (1) The board of trustees by resolution may annex to
a
community college district any contiguous intermediate school
district
or contiguous local school district By adoption of a
resolution, the board of trustees of a community college district
organized under this chapter may initiate annexation to the
community college district, in the manner provided in this act, of
that portion of an intermediate school district, local school
district, county, or township that is not already included within a
community college district.
(2)
The Before an annexation
election described in subsection
(3), the board of trustees shall obtain the approval of the
proposed annexation from the superintendent of public instruction.
Upon
receipt of the If it receives
that approval, the secretary of
the board of trustees shall file certified copies of the annexation
resolution and the approval with the secretary of the intermediate
school board and the school district filing official of the
intermediate
school district to be annexed, or with the secretary
of the board of education and the school district filing official
of the local school district to be annexed, with the county clerk
of the county to be annexed, or with the township clerk of the
township to be annexed, as applicable.
(3) After the resolution and approval are filed under
subsection (2), the county board of commissioners, the township
board, or the board of the intermediate or local school district,
as applicable, shall request that the school district filing
official call a special election for the purpose of voting on the
question of annexation to the community college district and of
approving the maximum tax rate existing in the community college
district. A special election called under this subsection shall be
held on the next regular election day that is at least 49 days
after the special election is requested.
(4) An annexation is effective on the date of the election if
both propositions receive majority approval of the electors voting
on the propositions. The final results of the annexation election
shall be canvassed by the appropriate board of county canvassers as
provided in section 24a of the Michigan election law, MCL 168.24a.
(5) By virtue of annexation, unless otherwise provided in the
approved annexation propositions, territory annexed to a community
college district is subject to taxes levied for principal and
interest of outstanding bonded indebtedness of the community
college district.
(6) If a portion of a county, township, or intermediate or
local school district to be annexed lies within a community college
district at the time of the annexation election, then the electors
residing in that territory are not eligible to vote on the
propositions and that territory does not become a part of the
community college district.
Sec. 111. (1) The first meeting of the board of trustees
following the organizational election of a community college
district shall be called by the secretary of the intermediate board
of
education of the county having that
has the highest valuation
within the community college district. The meeting shall be held
within
15 days following the statutory date upon on which the newly
elected members take office, at a time and place designated by the
secretary. Public notice of the time, date, and place of the
meeting shall be given in the manner required by the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
(2) The organizational board meeting of a community college
district operating under chapter 1, 2, or 3 shall be held at the
first meeting of the board of trustees in January following the
date
of the regular community college election. The organizational
board
meeting of a community college district operating under
chapters
2 or 3 shall be held at the first board of trustees
meeting
in July following the date of the regular community college
district
election.
(3) At the first meeting of a first or succeeding board of
trustees, the board shall elect a chairperson and a vice
chairperson, who shall be members of the board of trustees, and a
secretary and a treasurer, who need not be members of the board of
trustees. The officers shall be elected for a term of 2 years,
subject to change of officers by resolution of the board.
(4)
The board shall conduct its business which the board may
perform
shall be conducted in compliance
with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.