HOUSE BILL No. 4092 January 28, 1999, Introduced by Reps. Gosselin, Jansen, Tabor, Richner, Kuipers, Voorhees, Sanborn, Bishop, DeWeese, Pappageorge, Kukuk, Bisbee, Vander Roest and Bradstreet and referred to the Committee on Constitutional Law and Ethics. 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, 5, and 6 as amended and section 11a as added by 1995 PA 289, 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. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 01075'99 TAV 2 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 as the service area for the opera- 10 tion of an area vocational-technical education program. 11 (3)(2)"Area vocational-technical education program" 12 means a program of organized, systematic instruction designed to 13 prepare the following persons for useful employment in recognized 14 occupations: 15 (a) Persons enrolled in high school. 16 (b) Persons who have completed or left high school and who 17 are available for full-time study in preparation for entering the 18 labor market. 19 (c) Persons who have entered the labor market and who need 20 training or retraining to achieve stability or advancement in 21 employment. 22 (4)(3)"Board" or "school board" means the governing body 23 of a local school district or a local act school district unless 24 clearly otherwise stated. 25 (5)(4)"Boarding school" means a place accepting for 26 board, care, and instruction 5 or more children under 16 years of 27 age. 01075'99 3 1 (6)(5)"Constituent district" means alocalschool 2 district orspecialLOCAL act school district the territory of 3 which is entirely within and is an integral part of an intermedi- 4 ate school district. 5 Sec. 5. (1) "Local act school district" or "special act 6 school district" means a district governed by a special or local 7 act or chapter of a local act. "Local school district" and 8 "local school district board" as used in article 3 include local 9 act school district and a local act school district board. 10 (2) "Membership" means the number of full-time equivalent 11 pupils in a public school as determined by the number of pupils 12 registered for attendance plus pupils received by transfer and 13 minus pupils lost as defined by rules promulgated by the state 14 board. 15 (3) "MICHIGAN ELECTION LAW" MEANS THE MICHIGAN ELECTION LAW, 16 1954 PA 116, MCL 168.1 TO 168.992. 17 (4)(3)"Nonpublic school" means a private, denomination- 18 al, or parochial school. 19 (5)(4)"Objectives" means measurable pupil academic 20 skills and knowledge. 21 (6)(5)"Public school" means a public elementary or sec- 22 ondary educational entity or agency that is established under 23 this act, has as its primary mission the teaching and learning of 24 academic and vocational-technical skills and knowledge, and is 25 operated by a school district, local act school district, special 26 act school district, intermediate school district, public school 27 academy corporation, or by the department or state board. Public 01075'99 4 1 school also includes a laboratory school or other elementary or 2 secondary school that is controlled and operated by a state 3 public university described in section 4, 5, or 6 of article VIII 4 of the state constitution of 1963. 5 (7)(6)"Pupil membership count day" of a school district 6 means that term as defined in section 6 of the state school aid 7 act of 1979,being section 388.1606 of the Michigan Compiled8LawsMCL 388.1606. 9 (8)(7)"Reorganized intermediate school district" means 10 an intermediate school district formed by consolidation or annex- 11 ation of 2 or more intermediate school districts under sections 12 701 and 702. 13 (9)(8)"Rule" means a rule promulgated pursuant to the 14 administrative procedures act of 1969,Act No. 306 of the Public15Acts of 1969, being sections 24.201 to 24.328 of the Michigan16Compiled Laws1969 PA 306, MCL 24.201 TO 24.328. 17 Sec. 6. (1) "School district" or "local school district" 18 means a general powers school district organized under this act, 19 regardless of previous classification, or a school district of 20 the first class. 21 (2) "School elector" means a person qualified as an elector 22 under section 492 of the Michigan election law,Act No. 116 of23the Public Acts of 1954, being section 168.492 of the Michigan24Compiled Laws, registered as provided in part 12MCL 168.492, 25 and resident of the school district, local act school district, 26 or intermediate school district on or before the thirtieth day 27 before the next ensuing annual or special school election. 01075'99 5 1 (3) "School month" means a 4-week period of 5 days each 2 unless otherwise specified in the teacher's contract. 3 (4) "Special education building and equipment" means a 4 structure or portion of a structure or personal property accept- 5 ed, leased, purchased, or otherwise acquired, prepared, or used 6 for special education programs and services. 7 (5) "Special education personnel" means persons engaged in 8 and having professional responsibility for the training, care, 9 and education of handicapped persons in special education pro- 10 grams and services including, but not limited to, teachers, 11 aides, school social workers, diagnostic personnel, physical 12 therapists, occupational therapists, audiologists, teachers of 13 speech and language, instructional media-curriculum specialists, 14 mobility specialists, teacher consultants, supervisors, and 15 directors. 16 (6) "Special education programs and services" means educa- 17 tional and training services designed for handicappers and oper- 18 ated by local school districts, local act school districts, 19 intermediate school districts, the Michigan school for the blind, 20 the Michigan school for the deaf, the department of mental 21 health, the department of social services, or a combination 22 thereof, and ancillary professional services for handicappers 23 rendered by agencies approved by the state board. The programs 24 shall include vocational training, but need not include academic 25 programs of college or university level. 26 (7) "SPECIAL SCHOOL ELECTION" OR "SPECIAL ELECTION" MEANS AN 27 ELECTION HELD IN A SCHOOL DISTRICT AT A DATE OTHER THAN THE 01075'99 6 1 ANNUAL SCHOOL ELECTION, AS PROVIDED UNDER THE MICHIGAN ELECTION 2 LAW. 3 (8)(7)"State approved nonpublic school" means a nonpub- 4 lic school that complies withAct No. 302 of the Public Acts of51921, being sections 388.551 to 388.558 of the Michigan Compiled6Laws1921 PA 302, MCL 388.551 TO 388.558. 7 (9)(8)"State board" means the state board of education 8 unless clearly otherwise stated. 9 (10)(9)"Department" means the department of education 10 created and operating under sections 300 to 305 of the executive 11 organization act of 1965,Act No. 380 of the Public Acts of121965, being sections 16.400 to 16.405 of the Michigan Compiled13Laws1965 PA 380, MCL 16.400 TO 16.405. 14 (11)(10)"State school aid" means allotments from the 15 general appropriating act for the purpose of aiding in the sup- 16 port of the public schools of the state. 17 (12)(11)"The state school aid act of 1979" meansAct18No. 94 of the Public Acts of 1979, being sections 388.1601 to19388.1772 of the Michigan Compiled LawsTHE STATE SCHOOL AID ACT 20 OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1772. 21 Sec. 11a. (1) Beginning on the effective date of this sec- 22 tion, each school district formerly organized as a primary school 23 district or as a school district of the fourth class, third 24 class, or second class shall be a general powers school district 25 under this act. 26 (2) Beginning on the effective date of this section, a 27 school district operating under a special or local act shall 01075'99 7 1 operate as a general powers school district under this act except 2 to the extent that the special or local act is inconsistent with 3 this act. Upon repeal of a special or local act that governs a 4 school district, that school district shall become a general 5 powers school district under this act. 6 (3) A general powers school district has all of the rights, 7 powers, and duties expressly stated in this act; may exercise a 8 power implied or incident to any power expressly stated in this 9 act; and, except as provided by law, may exercise a power inci- 10 dental or appropriate to the performance of any function related 11 to operation of the school district in the interests of public 12 elementary and secondary education in the school district, 13 including, but not limited to, all of the following: 14 (a) Educating pupils. In addition to educating pupils in 15 grades K-12, this function may include operation of preschool, 16 lifelong education, adult education, community education, train- 17 ing, enrichment, and recreation programs for other persons. 18 (b) Providing for the safety and welfare of pupils while at 19 school or a school sponsored activity or while en route to or 20 from school or a school sponsored activity. 21 (c) Acquiring, constructing, maintaining, repairing, reno- 22 vating, disposing of, or conveying school property, facilities, 23 equipment, technology, or furnishings. 24 (d) Hiring, contracting for, scheduling, supervising, or 25 terminating employees, independent contractors, and others to 26 carry out school district powers. A school district may 27 indemnify its employees. 01075'99 8 1 (e) Receiving, accounting for, investing, or expending 2 school district money; borrowing money and pledging school dis- 3 trict funds for repayment; and qualifying for state school aid 4 and other public or private money from local, regional, state, or 5 federal sources. 6 (4) A general powers school district may enter into agree- 7 ments or cooperative arrangements with other entities, public or 8 private, or join organizations as part of performing the func- 9 tions of the school district. 10 (5) A general powers school district is a body corporate and 11 shall be governed by a school board. An act of a school board is 12 not valid unless approved, at a meeting of the school board, by a 13 majority vote of the members lawfully serving on the board. 14 (6) The board of a general powers school district shall 15 adopt bylaws. These bylaws may establish or change board proce- 16 dures, the number of board officers, titles and duties of board 17 officers, and any other matter related to effective and efficient 18 functioning of the board. Regular meetings of the board shall be 19 held at least once each month, at the time and place fixed by the 20 bylaws. Special meetings may be called and held in the manner 21 and for the purposes specified in the bylaws. Board procedures, 22 bylaws, and policies in effect on the effective date of this sec- 23 tion shall continue in effect until changed by action of the 24 board. 25 (7) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT SHALL HOLD 26 ITS ANNUAL SCHOOL ELECTION ON THE FIRST TUESDAY AFTER THE FIRST 27 MONDAY OF NOVEMBER IN EVERY YEAR. 01075'99 9 1 (8)(7)The board of a school district shall be elected as 2 provided under this act and the Michigan election law., Act3No. 116 of the Public Acts of 1954, being sections 168.1 to4168.992 of the Michigan Compiled Laws.The number of members of 5 the board of a general powers school districtand the term of6office for a board member of a general powers school district7 shall remain the same asthey werefor that school district 8 beforethe effective date of this section unless either or both9areJULY 1, 1996 UNLESS changed by the school electors of the 10 school district ata regularAN ANNUAL or special election. A 11 proposition for changing the number of board membersor term of12officemay be placed on the ballot by action of the board or by 13 petition submitted by school electors as provided underthis14actTHE MICHIGAN ELECTION LAW. 15 (9)(8) On the effective date of this section, theTHE 16 board of each school district shall continue to be the board of 17 the school district and to function in that capacity. A person 18 lawfully serving onthe effective date of this actJULY 1, 1996 19 as a member of the board of a school district shall continue to 20 be a member of the board and shall continue in office for the 21 remainder of the term for which the person was elected or 22 appointed OR UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED. 23 (10) MEMBERS OF THE BOARD OF A GENERAL POWERS SCHOOL DIS- 24 TRICT SHALL BE ELECTED BY THE SCHOOL ELECTORS FOR TERMS OF 4 25 YEARS. AT EACH ANNUAL SCHOOL ELECTION HELD IN AN ODD-NUMBERED 26 YEAR, MEMBERS OF THE BOARD SHALL BE ELECTED TO FILL THE POSITIONS 27 OF THOSE WHOSE TERMS WILL EXPIRE. THE TERM OF OFFICE SHALL 01075'99 10 1 COMMENCE ON JANUARY 1 AND CONTINUE UNTIL A SUCCESSOR IS ELECTED 2 AND QUALIFIED. 3 (11) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT MAY 4 SUBMIT TO THE SCHOOL ELECTORS OF THE SCHOOL DISTRICT A MEASURE, 5 PROPOSITION, OR QUESTION THAT IS WITHIN THE SCOPE OF THE POWERS 6 OF THE SCHOOL ELECTORS AND THAT THE BOARD CONSIDERS JUST AND 7 PROPER FOR THE PROPER MANAGEMENT OR CONDUCT OF THE SCHOOL SYSTEM 8 OR THE ADVANCEMENT OF EDUCATION IN THE SCHOOLS OF THE SCHOOL 9 DISTRICT. UPON THE ADOPTION OF A MEASURE OR QUESTION BY THE 10 BOARD, THE BOARD SHALL SUBMIT THE MEASURE OR QUESTION TO THE 11 SCHOOL ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT ENSUING ANNUAL 12 SCHOOL ELECTION OR AT A SPECIAL ELECTION. 13 (12) A SPECIAL ELECTION MAY BE CALLED BY THE BOARD AS PRO- 14 VIDED IN THIS ACT AND THE MICHIGAN ELECTION LAW. 15 (13)(9)Unless expressly provided inthe amendatory act16that added this section1995 PA 289, the powers of a school 17 board or school district are not diminished by this section or by 18the amendatory act that added this section1995 PA 289. 19 (14)(10)A school district operating a public library, 20 public museum, or community recreational facility as ofthe21effective date of the amendatory act that added this section22 JULY 1, 1996 may continue to operate the public library, public 23 museum, or community recreational facility. 24 Sec. 613. The intermediate school board shall meet annually 25 on or before the fourth Monday ofJulyJANUARY and shall orga- 26 nize by electing a president, a vice-president, a secretary, and 27 a treasurer. The president and vice-president shall be members 01075'99 11 1 of the intermediate school board, but the secretary and treasurer 2 need not be. The officers shall perform duties provided by law 3 and prescribed by the policies and regulations of the intermedi- 4 ate school board not inconsistent with this part or other laws of 5 the state. The treasurer shall post with the secretary a bond in 6 an amount approved by the intermediate school board, conditioned 7 upon the faithful performance of the treasurer's duties. 8 Sec. 616. (1) An intermediate school board may submit to 9 the school electors of the constituent districts comprising the 10 intermediate school district the question of adoption of sections 11 615 to 617. The question shall be in substantially the following 12 form: 13 14 "Shall sections 615 to 617 of the REVISED school code,of151976, as amended,providing for the popular election of members 16 of the intermediate school board be effective within the constit- 17 uent districts of __________ (name of intermediate school 18 district)? 19 Yes ( ) 20 No ( )" 21 (2) The intermediate school board shall submit the question 22 upon receipt of resolutions adopted by a majority of the boards 23 of constituent districts and representing more than 1/2 of the 24 combined memberships of the constituent districts of the interme- 25 diate school district as of the latest pupil membership count 26 day. The resolutions of the constituent district boards shall be 27 adopted betweenDecemberMARCH 1 and the next succeeding 01075'99 12 1MarchJULY 1. The question shall be presented to the school 2 electors of the constituent districts at the next annual election 3 after resolutions of constituent district boards meeting the 4 requirements of this section have been filed with the secretary 5 of the intermediate school board. 6 (3) If a majority of the school electors votes in favor of 7 popular election, members of the intermediate school board shall 8 be elected at the next annual election HELD IN AN ODD-NUMBERED 9 YEAR and biennially thereafter at the annual school elections of 10 the constituent districts.If a constituent district holds its11annual election on a date other than the second Monday in June,12an election for the purpose of choosing members of the intermedi-13ate school board shall be held in that district on the second14Monday in June.15 (4) An intermediate school districtwhichTHAT adopts sec- 16 tions 615 to 617 mayin the same mannerterminate the popular 17 election of members of the intermediate school board IN THE SAME 18 MANNER. 19 Sec. 617.(1)In an intermediate school district in which 20 sections 615 to 617 are effective, a candidate for the office of 21 member of the intermediate school board shall be nominated,by22filing nominating petitions and an affidavitAND MEMBERS SHALL 23 BE ELECTED, as provided insection 558 ofthe Michigan election 24 law., Act No. 116 of the Public Acts of 1954, being section25168.558 of the Michigan Compiled Laws, with the secretary of the26board of the intermediate school district before 4 p.m. of the27ninth Monday before the election.01075'99 13 1(2) The nominating petitions shall be in the form provided2in section 1066. Nominating petitions shall contain signatures3of school electors who are registered to vote in the city or4township in which they reside equal in number to not less than51.5% of the combined pupil memberships of the constituent dis-6tricts on the latest pupil membership count day. A candidate is7not required to file signatures of more than 5,000 voters. Each8sheet of the petition shall be circulated in 1 city or township9only.10(3) Within 14 days after the last date for filing, the sec-11retary of the intermediate school board shall certify the names12and addresses of those candidates whose petitions are found to be13sufficient to the secretaries of the boards of the constituent14districts. The secretary of the intermediate school board shall15certify the number to be elected. The secretary of the interme-16diate school board shall notify the county clerk of the names and17addresses of the candidates not later than 3 days after the last18day for candidate withdrawal. However, if the third day is a19Saturday, Sunday, or legal holiday, the notice may be sent on the20next day that is not a Saturday, Sunday, or legal holiday.21(4) The intermediate school board shall provide ballots for22the election of members of the intermediate school board and dis-23tribute the ballots to the secretaries of each of the constituent24districts not less than 20 days before the annual school25elections.26(5) At the first election, 3 members of an intermediate27school board shall be elected for a term of 6 years, 2 for a term01075'99 14 1of 4 years, and 2 for a term of 2 years. After the first2election, their successors shall be elected biennially for terms3of 6 years.4(6) The intermediate school board of an intermediate school5district adopting sections 615 to 617 shall fill a vacancy in the6board's membership by appointing a member to serve until the next7biennial election, at which time a member shall be elected for8the balance of the unexpired term.9 Sec. 661. (1) The intermediate school board may submit 10 questions to the INTERMEDIATE school electors of the intermediate 11 school district at an annual or special SCHOOL election held in 12 each of the constituent districts. A question shall not be sub- 13 mitted to the intermediate school electors unless the question is 14 within the lawful authority of the INTERMEDIATE SCHOOL electors 15of the intermediate school districtto decide. 16 (2) A person who is a school elector of a constituent dis- 17 trict of an intermediate school district and who is registered in 18 the city or township in which that person resides is an 19 INTERMEDIATE SCHOOL elector of that intermediate school 20 district. 21(3) If a question is submitted to intermediate school elec-22tors at an annual school election, and a constituent district23does not hold its annual election on the second Monday of June,24the intermediate school board shall call a special election in25that constituent district to be held on the same date as the26annual school election.01075'99 15 1(4) The secretary shall be the chief election officer of2the intermediate school district with authority to delegate3election duties to a member of the administrative staff.4 Sec. 701. (1) Two or more adjoining intermediate school 5 districts may combine to form a single intermediate school dis- 6 trict when the reorganization is approved by a majority of the 7 electors of each intermediate school district voting on the ques- 8 tion in the annual elections of the constituent districts. 9 (2) The question of combining intermediate school districts 10 may be submitted by a resolution of the intermediate school 11 boards meeting in joint session. 12 (3) The question shall be submittedwhenIF petitions 13 signed by a number of school electors of each intermediate school 14 district equal to not less than 5% of the number of pupil member- 15 ships on the latest pupil membership count day of the combined 16 constituent districts of the intermediate school district are 17 filed with the secretary of 1 of the intermediate school boards. 18 Within 30 days after receiving sufficient petitions, the secre- 19 tary shall apply for approval to the state board. The secretary 20 shall cause the question to be submitted at the next annual 21 school election after the state board approves the merger. 22 (4) The ballots shall be furnished by each intermediate 23 school board for its constituent districts and shall be in sub- 24 stantially the following form: 25 26 "Shall the following intermediate school districts be 27 organized as a single intermediate school district? 01075'99 16 1 (List names of intermediate school districts) 2 Yes ( ) 3 No ( )". 4 (5) If the consolidation is approved by a majority of the 5 school electors voting on the question in each of the participat- 6 ing intermediate school districts, the reorganizationshall7becomeIS effective in the combined intermediate school dis- 8 tricts 30 days after the annual election at which the question is 9 submitted. The reorganized intermediate school districtshall10beIS a single intermediate school district subject to this 11 part. 12 (6) The members of the intermediate school boards of the 13 original intermediate school districts shall act as an interim 14 board until a board of the combined intermediate school district 15 is elected. The interim boardshall possessHAS all the powers 16 and duties of an intermediate school board under this part. The 17 person chosen by the interim intermediate school board as inter- 18 mediate superintendent shall serve only until a successor is 19 chosen by the elected intermediate school board. The secretary 20 of the intermediate school board having the largest number of 21 pupils in membership in its combined constituent districts at the 22 time of reorganization shall call a meeting of the members of the 23 interim intermediate school board for the purpose of organization 24 within 15 days after the effective date of the reorganization. 25 The secretary of the interim intermediate school board shall pro- 26 vide for the election of a board of the reorganized intermediate 27 school district undersection 617THE MICHIGAN ELECTION LAW. 01075'99 17 1At the first election there shall be elected 3 members of a2board for 6 years, 2 for 4 years, and 2 for 2 years. Their suc-3cessors shall be elected biennially on the first Monday of June4for terms of 6 years. The time from the date of election to the5next July 1 shall be considered 1 year.6 (7) The reorganized intermediate school district shall oper- 7 ate as a single intermediate school district from the effective 8 date of the reorganization. Within 10 days after the reorganiza- 9 tion, all accounts of the reorganized intermediate school dis- 10 tricts shall be audited in the manner established by the interim 11 intermediate school board. The contracts of the intermediate 12 superintendents in force on the effective date of reorganization 13shallcontinue in effecttoUNTIL THE time of their termina- 14 tion except as to position as intermediate superintendents. 15 (8) If,prior toBEFORE reorganization of the intermediate 16 school districts each of the combining intermediate school dis- 17 tricts adopted special education programs by referendum pursuant 18 to part 30 and approved the same annual property tax rates for 19 the education of handicapped persons, the special education pro- 20 grams and the annual property tax rates shall continue in effect 21 in the reorganized intermediate school district. 22 Sec. 702. (1) An intermediate school district may be 23 annexed to another intermediate school district if the intermedi- 24 ate school board of the annexing intermediate school district 25 approves the annexation by resolution, and a majority of the 26 school electors of the intermediate school district to be annexed 27 voting on the question at an annual or special election in the 01075'99 18 1 intermediate school district approve the annexation. If prior to 2 annexation the annexing intermediate school district adopts a 3 special education program by referendum pursuant to part 30, the 4 intermediate school electors of the intermediate school district 5 to be annexed must vote to adopt that special education program 6 and annual tax rate. The vote on the question shall be by ballot 7 furnished by the intermediate school board of the intermediate 8 school district to be annexed. Before the election is held, the 9 annexing intermediate school board shall obtain the approval of 10 the state board of the proposed annexation. 11 (2) Within 10 days after the election, each constituent dis- 12 trict secretary shall file the result with the secretary of the 13 intermediate schooldistrictBOARD, and 5 days later the inter- 14 mediate school board secretary shall file the election result 15 with the secretary of the INTERMEDIATE SCHOOL board of the annex- 16 ing intermediate school district. Within 15 days after the 17 annexation election the intermediate school board of the annexed 18 intermediate school district shall account to the intermediate 19 school board of the annexing intermediate school district for the 20 funds and property in its hands and shall turn over thesame21 FUNDS AND PROPERTY to that INTERMEDIATE SCHOOL board. Property 22 and money belonging to the annexed intermediate school district 23 shall become the property of the annexing intermediate school 24 district. The outstanding indebtedness of the annexed intermedi- 25 ate school district shall become the liability of the annexing 26 intermediate school district. Upon receipt of the funds and 27 property, the members of the annexed intermediate school board 01075'99 19 1 shall be released from liabilitythereforFOR THE FUNDS AND 2 PROPERTY and their offices terminated. 3 (3) The annexation is effective on the latest date on which 4 the election was held in a constituent district of the annexed 5 intermediate school district. The secretary of the intermediate 6 school board of the annexing intermediate school district shall 7 give written notice of the annexation to the state board within 8 15 days after the annexation election. Within 30 days after 9 annexation, the board of the annexing intermediate school dis- 10 trict shall appoint 2 school electors of the annexed intermediate 11 school district to membership on the intermediate school board of 12 the reorganized intermediate school district, who shall serve 13 untilJulyJANUARY 1 after the nextbiennialINTERMEDIATE 14 SCHOOL DISTRICT election. Notification of the appointments shall 15 be filed with the state board. If the appointments are not made 16 within the 30 days, the state board shall make the appointments. 17 At the nextbiennialINTERMEDIATE SCHOOL DISTRICT election, 18 members of the intermediate school board shall be elected in the 19 number and for the terms required in section 701. The terms of 20 the members of the intermediate school board whose terms have not 21 expired shall determine the terms of the additional members to be 22 elected. 23 Sec. 703. (1) An intermediate school district comprised of 24 less than 5 constituent districts and having no bonded indebted- 25 ness may be disorganized and its constituent districts attached 26 to contiguous intermediate school districts under this section. 01075'99 20 1 (2) The board of each constituent district may request the 2 intermediate school board to prescribe a plan for disorganization 3 of the intermediate school district. Each request shall desig- 4 nate another intermediate school district to which the constitu- 5 ent district desires to be attached. The intermediate school 6 board shall prescribe, by resolution, a plan under which each of 7 the constituent districts will be attached in whole to contiguous 8 intermediate school districts designated in the requests. If the 9 designated intermediate school district is not contiguous, the 10 intermediate school board's plan may prescribe attachment to a 11 contiguous intermediate school district. 12 (3) The intermediate superintendent of the intermediate 13 school districtwhichTHAT is to be disorganized shall give 30 14 days' notice of the time and place of the meeting of the interme- 15 diate school board and of the proposed plan for disorganization 16 by publication of the notice in a newspaper of general circula- 17 tion in the intermediate school district. The intermediate 18 school board shall present the adopted plan for dissolution to 19 the board of each of its constituent districts and to the inter- 20 mediate school board of each intermediate school district whose 21 boundaries would be enlarged by the proposal. 22 (4) The intermediate superintendent of each intermediate 23 school district whose boundaries would be enlarged by the disso- 24 lution shall give 30 days' notice of the time and place of the 25 meeting of the intermediate school board and of the recommended 26 plan for enlargement of the intermediate school district by 01075'99 21 1 publication of the notice in a newspaper of general circulation 2 in the intermediate school district. 3 (5) If the intermediate school board of each affected inter- 4 mediate school district approves the plan for disorganization, 5 the intermediate school board of the intermediate school district 6 to be dissolved shall refer the matter to the state board for 7 approval. The action of the state board declaring the intermedi- 8 ate school district dissolved shall be final. Disorganization of 9 the intermediate school district and attachment of its constitu- 10 ent districts to contiguous intermediate school districtsshall11be effectiveTAKES EFFECT on July 1 after the date of the 12 approval of the state board. 13 (6) The intermediate school boards of the intermediate 14 school districts to which territory is attached by dissolution 15 shall meet jointly, sitting as a single board, and make an equi- 16 table distribution of the money, property, and other assets 17 belonging to the disorganized INTERMEDIATE SCHOOL district among 18 the intermediate school districts affected. The territory of 19 constituent districts transferred to other intermediate school 20 districts by dissolution shall be subject to all taxes levied for 21 purposes of the intermediate school district to which trans- 22 ferred, including taxes for the retirement of bonded indebted- 23 ness, special education programs, and area vocational-technical 24 education programs. 25 (7) Within 30 days after a district attaches to a contiguous 26 intermediate school district under this section, the board of the 27 intermediate school district whose boundaries have been enlarged 01075'99 22 1 by the dissolution may appoint 2 school electors of constituent 2 districts, 1 of whom shall be an elector of the attached dis- 3 trict, to membership on the intermediate school board. 4 Intermediate school board members appointed pursuant to this sub- 5 section shall serve untilJulyJANUARY 1 after the next 6biennialINTERMEDIATE SCHOOL DISTRICT election. The intermedi- 7 ate school board may determine 1 initial term of less than64 8 years for 1 of the additional members to be elected at the 9biennialINTERMEDIATE SCHOOL DISTRICT election. Notification 10 of an appointment shall be filed with the state board. 11 Sec. 705. (1) Beginning in 1997, and IN each year after 12 1997, a regional enhancement property tax may be levied by an 13 intermediate school district at a rate not to exceed 3 mills to 14 enhance other state and local funding for local school district 15 operations if approved by a majority of the intermediate school 16 electors voting on the question. 17 (2) If a resolution requesting that the question of a 18 regional enhancement property tax be submitted to the voters is 19 adopted within a 180-day period and transmitted to the intermedi- 20 ate school board by 1 or more boards of its constituent school 21 districts representing a majority of the combined membership of 22 the constituent school districts as of the most recent pupil mem- 23 bership count day and if those resolutions all contain an identi- 24 cal specified number of mills to be levied under this section and 25 an identical specified number of years for which the tax shall be 26 levied, the question of levying a regional enhancement property 27 tax by the intermediate school district shall be placed on the 01075'99 23 1 ballot by the intermediate school district at the next annual 2 school election held in each of the constituent districts. 3However, if the question is to be submitted at an annual school4election and a constituent district does not hold its annual5election on the second Monday in June, the intermediate school6board shall call a special election in that constituent district7to be held on the same day as the annual school election.If the 8 question is to be submitted to the intermediate school electors 9 of an intermediate school district having a population of more 10 than 1,400,000, the intermediate school board shall call a spe- 11 cial election to be held at the next state primary or general 12 election. However, if the resolution requirement is met more 13 than 180 days before the next annual school district elections, 14to be held on the second Monday in June,and if requested in 15 the resolutions, the intermediate school board shall submit the 16 question of levying a regional enhancement property tax within 17 the intermediate school district on the ballot at a special elec- 18 tionunder section 662called by the intermediate school board 19 for that purpose not earlier than 90 daysor later than 12020daysafter the resolution requirements are met. 21 (3) Not later than 10 days after receipt by the intermediate 22 school district of the revenue from the regional enhancement 23 property tax, the intermediate school district shall calculate 24 and pay to each of its constituent school districts an amount of 25 the revenue calculated by dividing the total amount of the reve- 26 nue by the combined membership of the constituent school 27 districts within the intermediate district, as of the most recent 01075'99 24 1 pupil membership count day, and multiplying that quotient by the 2 constituent school district's membership, as of the most recent 3 pupil membership count day for which a final department-audited 4 pupil count is available. 5 (4) Regional enhancement property tax under this section may 6 be levied for a term not to exceed 20 years, as specified in the 7 ballot question, and may be renewed for the same term with the 8 approval of a majority of the intermediate school electors voting 9 on the question. 10 (5) The question of levying a regional enhancement property 11 tax under this section shall be presented to the intermediate 12 school electors as a separate question. 13 Sec. 856. (1) If the intermediate superintendent of schools 14 is presented with petitions signed by school electors in each 15 SCHOOL district to the number of not less than 50% of the number 16 ofregistered generalSCHOOL electors residing in each primary 17 school district as of the date the intermediate superintendent 18 releases petitions, and by school electors of not less than 5% of 19 the number ofregistered generalSCHOOL electors residing in 20 other school districts, the intermediate superintendent shall 21 cause the question of consolidation to be submitted to the vote 22 of the school electors of the school districts at THE NEXT ANNUAL 23 SCHOOL ELECTION OR a special election.called to be held within2490 days after the receipt of the petitions.25(2) The special election shall be held on a date approved by26the county election scheduling committee under section 639 of Act01075'99 25 1No. 116 of the Public Acts of 1954, as amended, being section2168.639 of the Michigan Compiled Laws.3 (2)(3)PetitionsshallARE notberequired in a 4 school district operating 12 grades if a resolution adopted by 5 the board of the SCHOOL district requesting consolidation of 6 school districts has been filed with the intermediate 7 superintendent. 8(4) Each city and township clerk shall certify to the9intermediate superintendent the number of registered general10electors residing in a school district upon request of the inter-11mediate superintendent.12 Sec. 857. (1) The question of establishing a consolidated 13 school district shall be submitted to the school electors at AN 14 ANNUAL SCHOOL ELECTION OR AT a special election held for that 15 purpose. In voting to form the consolidated school district, a 16 school district operating 12 grades shall vote separately as a 17 unit. The remaining school districts to be included in the con- 18 solidation shall vote together as a unit. 19(2) The local board shall conduct the election in each20school district operating 12 grades. The intermediate school21board, the intermediate superintendent of which called the elec-22tion, shall conduct the election for the other school districts23voting together as a unit.24 (2)(3)The elections shall be held on the same day and 25 during the same hours.Each school district shall vote as pro-26vided in part 12.01075'99 26 1 Sec. 858.(1) The intermediate superintendent shall give2notice of the last day of registration and notice of the date,3place, the propositions to be submitted, and the hours the polls4will be open for the special election to the school electors of5the districts operating less than 12 grades in the manner and at6the times prescribed by sections 1002 and 1058. (2)The inter- 7 mediate superintendent shall give written notice to the secretary 8 of the board of each affected school districtoperating 129grades of the day and hours for holding the special election.10Each secretary shall give the statutory notice of the day, place11or places, and the hours for holding the election and of the last12day of registration. The intermediate superintendent shall13notify the secretary of the board of each school districtof the 14 date of the consolidation election at least 60 days before the 15 election. 16 Sec. 859. (1) The proposition shall be in substantially the 17 following form: 18 "Shall the territory of the following school districts be 19 united to form 1 school district? 20 (Names of school districts to be consolidated to be listed 21 here) 22 Yes ( ) 23 No ( )". 24(2) Printed ballots, voting machines, or other voting25devices shall be used. The intermediate superintendent shall26supply printed ballots, poll books, and other necessary election01075'99 27 1supplies to each board of election inspectors of the election2unit of the school districts operating less than 12 grades.3(3) The secretary of the board of each school district oper-4ating 12 grades shall provide printed ballots for the election5and supply all election materials necessary for the election.6The board of each school district shall appoint the necessary7school electors to the board of election inspectors.8(4) The members of the intermediate school board shall act9as the board of election inspectors for the election held in10school districts operating less than 12 grades. The intermediate11board may appoint additional persons to a board of election12inspectors. If more than 1 place for holding the election is13designated by the intermediate superintendent, the members of the14intermediate school board shall be apportioned by the intermedi-15ate superintendent to the boards of election inspectors. If a16member of the intermediate school board or other person appointed17to a board of election inspectors is unable to be present at the18election or is required to leave during the hours the polls are19open, the remaining members of the board of election inspectors20may appoint another person to fill the vacancy.21(5) Each member of a board of election inspectors shall take22the constitutional oath of office before entering on the duties23of an election inspector.24 (2)(6)The affirmative vote of a majority of the school 25 electors voting on the question in each of the election units 26shall beIS necessary to effect the consolidation of the school 01075'99 28 1 districts. The consolidation shall become effective as of the 2 date of the official canvass. 3 (3)(7) The members of the intermediate school board and4other inspectors of election acting in the election unit of a5school district operating less than 12 grades shall receive the6same compensation for conducting the election as is authorized7for election inspectors in a general state election.If the con- 8 solidation becomes effective, expenses incurred for the election 9 in each election unit shall be certified to the board of the con- 10 solidated school district. The school board OF THE CONSOLIDATED 11 SCHOOL DISTRICT shall pay electioncostsREIMBURSEMENTS from 12 the funds of the consolidated school district. If the proposi- 13 tion to consolidate is not approved, the intermediate school 14 board shall determine the expenses of the election held in the 15 election unit operating less than 12 grades and apportion the 16expensesREQUIRED REIMBURSEMENTS equally among the school dis- 17 tricts of the election unit. Each school board of the election 18 unit shall pay the apportionment to theintermediate school19boardLOCAL UNIT OF GOVERNMENT THAT CONDUCTED THE ELECTION. 20 Sec. 860. (1) If the petitions filed with an intermediate 21 superintendent under section 853 request submission of the ques- 22 tion of assuming the bonded indebtedness of 1 or more of the 23 school districts proposing consolidation, or the question of 24 increasing the constitutional limitation on taxes of the consoli- 25 dated school district for operating purposes to the school elec- 26 tors at the consolidation election, the intermediate 27 superintendent shall include the question or questions in the 01075'99 29 1 notice of the election propositions filed with each of the 2 election units.under section 857.3 (2) A request for including assumption by the consolidated 4 school district of the bonded indebtedness of 1 or more of the 5 districts proposing consolidation shall be stated on the petition 6 after the names of the school districts to be consolidated in 7 substantially the following form: 8 "We petition that the question of assumption and payment by 9 the proposed consolidated school district of the bonded indebted- 10 ness of ______________________________ be submitted to the 11 (name of school district or districts) 12 electors at the same election in which the proposed consolidation 13 is submitted", and if applicable, 14 "We petition that the question of increasing the constitu- 15 tional limitation on taxes which may be assessed against all 16 property in the proposed consolidated school district by _____ 17 mills for a period of _____ years,19___ to19___, inclu- 18 sive, for operating purposes, be submitted to the electors at the 19 same election with the question of consolidating the above listed 20 districts". 21 (3) If the school electors approve the consolidation of 22 school districts and the assumption of the bonded indebtedness of 23 an original district, the consolidated school district shall 24 assume the obligation of the bonded indebtedness. The consoli- 25 dated school district shall pay the bonded indebtedness by 26 spreading debt retirement taxes uniformly over the territory of 27 the consolidated district. Section 864shall applyAPPLIES to 01075'99 30 1 the debt retirement tax levies, the continuing obligations of the 2 original school districts, and the rights and remedies of a 3 bondholder. 4 Sec. 861.(1)Within 10 days after the date of the offi- 5 cial canvass of the consolidation election, the intermediate 6 school board of the intermediate school district containing the 7 territory of the consolidated school district shall appoint 8 school electors of the SCHOOL district in the number required by 9 the classification of the school district to act as a board for 10 the SCHOOL district. If a consolidated school district includes 11 territory in more than 1 intermediate school district, the 12 appointment shall be made by the intermediate school board of 13 each intermediate school district acting jointly as a single 14 board. Within 7 days after appointment, each member shall file 15 with the intermediate superintendent an acceptance of the office, 16 accompanied by a written affidavit setting forth the fact of eli- 17 gibilityas provided in section 1102FOR OFFICE.Except as18otherwise provided in subsection (2), eachEACH appointed board 19 member shall hold office untilJune thirtiethDECEMBER 31 next 20 following appointment. A new board shall be elected at the first 21 annual election held after the effective date of consolidation IN 22 AN ODD-NUMBERED YEAR in the manner prescribedin part 3 or part234BY LAW for the election of a first board. 24(2) If the effective date of the consolidation is between25the thirtieth day prior to the annual election and December 31,26the board appointed by the intermediate school board at its first27meeting shall call a district election to be held within 45 days01075'99 31 1after the day of the meeting. At the election, a board of the2requisite number of members shall be elected for terms required3for the election of a first board in section 111 or section 211.4The election shall be in lieu of the first annual election, and5the first year of each term of office shall extend until July 16following the next succeeding annual election. The board shall7hold its first meeting and elect officers as provided in section8114 or section 231.9 Sec. 932. (1) Thesecretary of theboard of the school 10 district to be divided shall call an election at which the ques- 11 tion of the division of the school district shall be submitted to 12 the school electors. Vote on the proposition shall be by ballot 13 in the form determined by the intermediate school board and shall 14 clearly describe the division. Before an election is held, the 15 state board shall approve the proposed division and the attach- 16 ment of the parts to existing operating school districts. The 17 election in the school district to be divided shall be held not 18 later than60 daysTHE NEXT AVAILABLE DATE FOR AN ANNUAL SCHOOL 19 ELECTION OR SPECIAL SCHOOL ELECTION following the date of 20 approval by the state board. 21 (2) The affirmative vote of a majority of the school elec- 22 tors voting on the questionshall beIS necessary to ratify the 23 action of the intermediate school board. 24 (3) Territory attached to an existing operating school dis- 25 trict shall be a part of that SCHOOL district for all purposes, 26 including the levy of all taxeswhichthe SCHOOL district to 01075'99 32 1 which the territory is attachedhas the authorityIS AUTHORIZED 2 to levy. 3 (4) Within 5 days after the election the secretary of the 4 board of the school district in which the election is held shall 5 file a certified statement of the vote for division with the 6 intermediate superintendent. 7 (5) Within 30 days after the filing of the certified state- 8 ment of the vote approving the division, the intermediate school 9 board, by resolution, shall declare the school district divided, 10 attach the territorythereofto the specified operating school 11 districts, and make an equitable distribution of the money, prop- 12 erty, and other material belonging to the SCHOOL district among 13 the SCHOOL districts to which the territory is attached. 14 (6) If the effective date is determined by the resolution of 15 the board or by the petition of the school electors under section 16 931, the intermediate school board shall declare the school dis- 17 trict divided on that date. 18 Sec. 945. Upon receipt of an order transmitted pursuant to 19 section 944 and approving the division of the school district, 20 the board of the school district to be annexed, divided, and 21 transferred shall provide by resolution for the election on the 22 question of annexing, dividing, and transferring the school 23 district., whichTHE election shall be conducted and canvassed 24 in the dividing districtpursuant to parts 12 and 13AS PRO- 25 VIDED IN THE MICHIGAN ELECTION LAW. The question to be submitted 26 to the electors shall be whether the territory of the dividing 01075'99 33 1 school district shall be annexed and transferred in the manner 2 specified in the resolution of the dividing school district. 3 SEC. 1206. A SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR 4 INTERMEDIATE SCHOOL DISTRICT ANNUAL SCHOOL ELECTION OR SPECIAL 5 ELECTION SHALL BE ADMINISTERED AND CONDUCTED AS PROVIDED IN THE 6 MICHIGAN ELECTION LAW. A SCHOOL DISTRICT, LOCAL ACT SCHOOL DIS- 7 TRICT, OR INTERMEDIATE SCHOOL DISTRICT MAY USE GENERAL OPERATING 8 FUNDS TO REIMBURSE UNITS OF LOCAL GOVERNMENT INVOLVED IN ADMINIS- 9 TERING AND CONDUCTING AN ANNUAL SCHOOL ELECTION OR SPECIAL SCHOOL 10 ELECTION FOR THE SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR 11 INTERMEDIATE SCHOOL DISTRICT, AS REQUIRED UNDER THE MICHIGAN 12 ELECTION LAW. 13 Sec. 1361. (1) School district elections upon the issuance 14 of bonds shall be held and conductedas elections in registra-15tion districtsin accordance withpart 13THIS ACT AND THE 16 MICHIGAN ELECTION LAW. Members of the SCHOOL boardof education17 shall not serve on a board of election inspectors. 18 (2) The question shall be submitted by ballot in substan- 19 tially the following form: 20 "Shall .................................................., 21 (here state the legal name of the school district) 22 county/or counties of .................... and state of 23 Michigan, borrow the sum of not to exceed .................... 24 dollars ($....................) and issue its bonds therefor, 25 for the purpose of ....................? 26 Yes ( ) 01075'99 34 1 No ( )". 2 (3) Anything contained in the ballot not specified in this 3 section shall be considered surplusage and of no legal effect. 4 Enacting section 1. The following sections and parts of the 5 revised school code, 1976 PA 451, MCL 380.1 to 380.1852, are 6 repealed effective January 1, 2002: 7 (a) Section 662, MCL 380.662. 8 (b) Part 12, MCL 380.1001 to 380.1071. 9 (c) Part 14, MCL 380.1101 to 380.1106. 10 Enacting section 2. This amendatory act takes effect 11 January 1, 2002. 12 Enacting section 3. This amendatory act does not take 13 effect unless Senate Bill No. __________ or House Bill 14 No. __________ (request no. 01075'99 a) of the 90th Legislature 15 is enacted into law. 01075'99 Final page. TAV