HB-4828, As Passed Senate, December 11, 2003
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4828
A bill to amend 1966 PA 331, entitled
"Community college act of 1966,"
by amending sections 2, 12, 16, 17, 21, 32, 34, 34a, 36, 37, 38,
39, 42, 51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107,
122, 144, and 152 (MCL 389.2, 389.12, 389.16, 389.17, 389.21,
389.32, 389.34, 389.34a, 389.36, 389.37, 389.38, 389.39, 389.42,
389.51, 389.52, 389.54, 389.55, 389.56, 389.57, 389.58, 389.59,
389.62, 389.83, 389.84, 389.86, 389.105, 389.107, 389.122,
389.144, and 389.152), section 2 as added by 1998 PA 153,
sections 17, 21, 34, 37, 42, 54, 57, and 62 as amended and
section 86 as added by 2000 PA 488, section 34a as amended by
1982 PA 381, section 83 as amended by 1992 PA 20, section 122 as
amended by 2002 PA 72, section 144 as amended by 2002 PA 73, and
section 152 as amended by 1990 PA 11; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. A petition under section 83 or 152, including the
2 circulation and signing
of the petition, is subject to section
3 488 of the Michigan election law. , 1954 PA 116,
MCL 168.488.
4 A person who violates a
provision of the Michigan election law ,
5 1954 PA 116, MCL 168.1
to 168.992, applicable to a petition
6 described in this section is subject to the penalties prescribed
7 for that violation in the
Michigan election law. , 1954 PA 116,
8 MCL 168.1 to 168.992.
9 Sec. 12. (1) When
If approval of a proposed community
10 college district is filed
with the appropriate county clerks
11 school district filing official at least 75 77 days but not
12 more than 6 months prior
to before the next general state
13 election, the clerks school
district filing official shall
14 include the necessary community college propositions with the
15 proceedings for the general election.
16 (2) When If
approval of a proposed community college
17 district is filed with
the appropriate county clerks school
18 district filing official
more than 6 months prior to the holding
19 of before the next general state election, each
county clerk
20 the school district filing official shall call a special election
21 for the purpose of submitting to the electors the propositions
22 relating to the establishment of the community college district
23 to be held on the next regular election day that is not less than
24 77 days after the approval is filed.
25 Sec. 16. The general election laws, including the voting of
26 absent voters, and
all laws of the state relating to the days
1 on which elections are held, the hours for the opening and
2 closing of the polls at elections, and provisions for preserving
3 the purity of elections and for preventing fraud and corruption,
4 shall govern all elections under this act so far as the
same
5 are applicable and not
inconsistent with the provisions of this
6 act. All county County
and local election officials shall
7 perform their election
duties for all regular and special
8 elections held in
accordance with the provisions of this
9 chapter, including the proper giving of notices of registration
10 and election.
11 Sec. 17. Except
as otherwise provided in this chapter
12 Subject to section 24a of the Michigan election law, MCL 168.24a,
13 the county board of
canvassers shall conduct a the canvass of
14 the results of any an
organizational election or other election
15 of the a
community college district organized under this
16 chapter. If the
election area involves more than 1 county, the
17 county board of
canvassers of the county containing the highest
18 valuation of the
community college district or proposed community
19 college district shall
conduct the canvass.
20 Sec. 21. (1) The
By adoption of a resolution, the board
21 of trustees of a
community college district comprised of a
22 county or counties by
resolution may annex organized
under this
23 chapter may initiate annexation to the community college
24 district, in the
manner provided in this act, any of a
25 contiguous county, contiguous township, contiguous intermediate
26 school district, or contiguous local school district not already
27 included within the area of a community college district, subject
1 to the following:
2 (a) A community college district located in the Upper
3 Peninsula may annex a county, township, intermediate school
4 district, or local school district that is not contiguous.
5 (b) A community college district that has been offering
6 classes at a federal military installation located in a
7 noncontiguous county for a period of at least 20 years may annex
8 that noncontiguous county or that portion of the noncontiguous
9 county that is not within another community college district.
10 (2) Prior to the Before
an annexation election, the board
11 of trustees shall obtain approval of the proposed annexation from
12 the superintendent of public instruction. Upon receipt of the
13 approval, the secretary of the board of trustees shall file
14 certified copies of the annexation resolution and the approval
15 with the clerk of the county or township to be annexed, or the
16 secretary of the board of the intermediate school district or
17 local school district and the school district filing official of
18 the school district to be annexed, as applicable.
19 (3) If After
the resolution and approval are filed more
20 than 90 days before
the date of the next general state election,
21 then under subsection (2), the county board of
commissioners,
22 the township board, or the board of the intermediate or local
23 school district, as applicable, shall request that the school
24 district filing official call a special election for the purpose
25 of voting on the question of annexation to the community college
26 district and of approving the maximum tax rate existing in the
27 community college
district. If the resolution and approval are
1 filed less than 90
days but more than 20 days prior to the next
2 general state
election, then the propositions shall be presented
3 at that election. A special election called under this
4 subsection shall be held on a regular election day that is not
5 less than 49 days after the special election is requested.
6 (4) Annexation
becomes An annexation is effective on the
7 date of the election if both propositions receive majority
8 approval of the electors voting on the propositions. The final
9 results of the annexation
election shall be canvassed as
10 follows: by the appropriate board of canvassers as provided
in
11 section 24a or 30a of the Michigan election law, MCL 168.24a and
12 168.30a.
13 (a) If a county
is the subject of annexation, the county
14 board of canvassers
shall conduct the canvass as provided in
15 section 17.
16 (b) If a township
is the subject of annexation, the township
17 board of canvassers
shall conduct the canvass.
18 (c) If a local or
intermediate school district is the subject
19 of annexation, the
board of canvassers of the local or
20 intermediate school
district shall conduct the canvass.
21 (5) By virtue of annexation, unless otherwise provided in the
22 approved annexation
propositions, any territory annexed to a
23 community college district is subject to taxes levied for
24 principal and interest of outstanding bonded indebtedness of the
25 community college district.
26 (6) If any a
portion of a county, township, or intermediate
27 or local school district to be annexed lies within a community
1 college district at the time of the annexation election, then the
2 electors residing in that territory are not eligible to vote on
3 the propositions and that territory does not become a part of the
4 community college district.
5 Sec. 32. (1) In
the case of If 2 or more school districts
6 file resolutions to organize a community college district, the
7 secretary of the board of education of the intermediate school
8 district shall file a copy of the approval specified in section
9 31 with the secretary of the board of education of each component
10 school district and
the school district filing official. When
11 If the filing with each component school district and the school
12 district filing official, or receipt of approval from the state
13 board of education by the secretary of the board of education of
14 a single school district, occurs at least 60 days but not more
15 than 6 months prior
to before the next annual school election,
16 the secretaries school
district filing official shall include
17 the necessary community college propositions in the proceedings
18 for the annual election.
19 (2) When If
the approval is filed with the secretaries
20 school district filing official of the component school districts
21 or approval is received by the secretary of the board of
22 education of a single
school district more than 6 months prior
23 to before the date of the annual next
school election, each
24 board of education shall
call a special election to be held on a
25 date designated by the
secretary of the intermediate board of
26 education of the
school district having the highest valuation
27 within the proposed
community college district, for the purpose
1 of submitting the
propositions relating to the establishment of a
2 community college
district, or in the case of a single school
3 district the board of
education shall call a special election on
4 a date it determines in not less than 60 days on a regular
5 election day. A majority of the electors of the school district
6 voting thereon on
the propositions shall approve the
7 organization of the community college district.
8 Sec. 34. (1) If the community college district consists of
9 a single school district, the community college district is
10 directed and governed by a board of trustees consisting of 7
11 members, elected at large in the territory of the district or
12 proposed district on a nonpartisan basis. At the organizational
13 election, the electors shall elect 3 members for 6-year terms, 2
14 for 4-year terms, and 2 for 2-year terms. After the initial
15 terms, at the next regular community college election immediately
16 preceding the expiration of a member's term of office, the
17 electors shall elect the member's successor for a term of 6
18 years.
19 (2) If an organizational election is held at the same time as
20 an annual a regular school election in May, the
term of office
21 of each member elected shall commence on July 1 following the
22 organizational election.
However, if If the annual regular
23 school election is held in November, the term of each member
24 elected shall commence on the January 1 following the
25 organizational election.
26 (3) When If
an organizational election is held on a date
27 other than the date of an
annual a regular school election,
1 each board member shall take office on the fifteenth day
2 following the date of the organizational election. Regular terms
3 of office shall commence
on July 1 following the next annual
4 regular school election in
May. However, if If the next
5 annual regular school election is held in November,
the regular
6 terms of office shall commence on the January 1 following the
7 annual school election. If the organizational election is held
8 on a date other than the annual
regular election date of the
9 component school district, the first year of the term of office
10 of each of the members elected to the first board of trustees
11 shall extend for the period of time remaining until July 1 or
12 January 1, whichever is applicable under this subsection,
13 following the date of the
annual regular election of the
14 component district held not less than 1 year nor more than 2
15 years after the date of the organizational election.
16 Sec. 34a. (1) If the community college district consists of
17 2 or more school districts, the community college district shall
18 be directed and governed by a board of trustees consisting of 7
19 members, elected at large in the proposed community college
20 district on a nonpartisan basis. At the organizational election,
21 there shall be elected 3 members for 6-year terms, 2 members for
22 4-year terms, and 2 members for 2-year terms. Thereafter, at the
23 next regular community college election immediately preceding the
24 expiration of their terms of office, their successors shall be
25 elected for terms of 6 years.
26 (2) When If
the organizational election is held at the same
27 time as the annual regular
school election in May, the term of
1 office of each member elected shall commence on July 1 following
2 the organizational
election. However, if If the annual
3 regular school election is held in November, the term of each
4 member elected shall commence on the January 1 following the
5 organizational election.
6 (3) When If
the organizational election is held on a date
7 other than the date of
the annual regular school election, each
8 board member shall take office on the fifteenth day following the
9 date of the organizational election. Regular terms of office
10 shall commence on July 1
following the next annual regular
11 school election in May.
However, if If the next annual
12 regular school election is held in November, the regular terms of
13 office shall commence on
the January 1 following the annual
14 regular school election.
When If the organizational election
15 is held on a date other
than the annual regular school
16 election, the first year of the term of office of each of the
17 members elected to the first board of trustees shall extend for
18 the period of time remaining until July 1 or January 1, whichever
19 is applicable under this subsection, following the date of the
20 annual regular school election.
21 (4) In the case
of an existing community college district
22 consisting of 2 or
more school districts, the board of trustees
23 as presently
constituted shall continue to serve until the next
24 regular community
college election which occurs after April 5,
25 1978. At that time,
additional members shall be elected in
26 numbers and for terms
so that, together with existing board
27 members whose terms
are not expiring, there will be 2 members
1 whose terms expire 2
years after the election, 3 members whose
2 terms expire 4 years
after the election, and 2 members whose
3 terms expire 6 years
after the election.
4 (5) The term of
any member serving on the effective date of
5 this subsection, in a
district which elects members in November,
6 shall terminate on
January 1 of the calendar year in which the
7 member's term
otherwise would have expired, but for this
8 subsection.
9 Sec. 36. (1) The
provisions of sections 531 to 540 of Act
10 No. 269 of the Public
Acts of 1955, as amended, being sections
11 340.531 to 340.540 of
the Compiled Laws of 1948, shall govern the
12 conduct and procedures
of the community college election
13 conducted by local
school boards under this chapter. (2) Where
14 If part of a local school district is in another community
15 college district, only
those electors residing in the remainder
16 that part of the school
district shall be not in the other
17 community college district are eligible to vote in the
18 organizational election or in subsequent community college
19 elections.
20 Sec. 37. The appropriate
board of canvassers of the local
21 or intermediate school
districts whose electors are eligible to
22 vote in an election under section 24a or 30a of the Michigan
23 election law, MCL 168.24a and 168.30a, shall conduct a canvass of
24 the results of the an
election under this chapter. The board
25 of canvassers shall conduct the canvass within 3 days of the
26 election. For an
organizational election, the board of
27 canvassers appointed
by the secretaries of the boards of the
1 component school
districts meeting jointly shall conduct the
2 final canvass. For a
community college district election, other
3 than an organizational
election, except as otherwise provided in
4 this chapter, the
board of canvassers appointed by the board of
5 trustees of the
community college district shall conduct the
6 final canvass. In the
case of a community college district
7 consisting entirely of
1 school district, the board of canvassers
8 for elections in that
school district shall conduct the final
9 canvass.
10 Sec. 38. (1) The regular community college election shall
11 be held at the same time
as the annual regular school elections
12 of the constituent school
districts held in the odd numbered
13 years on the date
prescribed for annual school elections in
14 sections 34, 72 and
108 of Act No. 269 of the Public Acts of
15 1955, as amended on the day determined under section 642 of the
16 Michigan election law, MCL 168.642. If any component school
17 district holds its annual school election on a different date,
18 the board of such district shall call a special election to be
19 held on the same day as
that above prescribed. The election
20 shall be conducted in
the same manner provided by sections 531 to
21 540 of Act No. 269 of
the Public Acts of 1955, as amended.
22 prescribed by this subsection.
23 (2) At the regular elections separate propositions may be
24 submitted to the electors in addition to the election of trustees
25 of the community college district when authorized by the board of
26 trustees.
27 Sec. 39. (1) Special
elections of the community college
1 district may be called
by the The board of trustees of
a
2 community college district organized under this chapter may
3 request that the school district filing official call a special
4 election. The secretary of the board shall file a copy of the
5 resolution of the board calling
the requesting the call of a
6 special election with the
secretaries of the each component
7 local and intermediate
school districts district, the school
8 district filing official, and the clerk of each component county,
9 as applicable, at least
60 days prior to before the date of the
10 election. The request to the school district filing official and
11 the resolution of the board shall contain a statement of the
12 propositions to be submitted to the electors.
13 (2) The board of education of each component local and
14 intermediate school district and the clerk of each component
15 county, as applicable, shall request that the school district
16 filing official call the
special election on the date regular
17 election day specified in the resolution of the board of
18 trustees.
19 Sec. 42. (1) In the annexation of a local school district,
20 if the resolution and approval are filed with the secretary more
21 than 90 or less than
21 days before the date of the annual a
22 regular school election,
of the district to be annexed, the
23 board of education of the district shall request that the school
24 district filing official call a special school election for
25 voting on the annexation
on a date the regular election day
26 specified by the secretary of the board of trustees of the
27 community college district. If the resolution and approval are
1 filed more than 20 days
but less than 90 91 days prior to
2 before the date of the annual
regular school election, of the
3 district to be
annexed, the board of education of
the local
4 school district shall request that the school district filing
5 official submit the annexation proposition to the electors at the
6 annual regular school election.
7 (2) In the annexation of an intermediate school district, the
8 secretary of the intermediate school board of the intermediate
9 school district in writing shall direct the board of education of
10 each component local school district to submit the annexation
11 propositions to the electors of the school district. Each school
12 district shall request that the school district filing official
13 hold the election at the
time of the annual school elections
14 regular school election if notification is given more than 20 but
15 less than 90 91
days before the annual date of the regular
16 school election. date.
Otherwise, each board of education shall
17 request that the school district filing official call a special
18 election , to
consider the annexation propositions. , on a
19 date specified by the
secretary of the intermediate school
20 board.
21 (3) In the annexation of a county, if the resolution and
22 approval are filed more
than 90 days or more, or 20 days or
23 less , than
21 days before the date of the next general
24 election, then the
county board of commissioners school
25 district filing official shall call a special election within the
26 county to consider the annexation propositions. If the
27 resolution and approval
are filed less than 90 91 days but more
1 than 20 days before the next general election, then the
2 annexation propositions shall be submitted to the electors of the
3 county at that election.
4 Sec. 51. (1) The
board of education of an intermediate
5 school district or the
boards of 2 or more adjoining intermediate
6 school districts
acting as a single board may direct that the
7 question of coming
under the provisions of this act be submitted
8 to the school electors
of the territory affected at the annual
9 school elections or at
special school elections held in the local
10 school districts of
such territory. If any school district holds
11 its annual election on
a different date, it shall call a special
12 election to be held on
the same day of the annual elections.
13 (2) The board of
education of the intermediate school
14 district or the joint
board of 2 or more intermediate school
15 districts shall
designate the territory to be included in the
16 proposed community
college district and a uniform property tax
17 question for the
support of the community college, both
18 propositions being
subject to the approval of the state board of
19 education. The board of an intermediate school district or
the
20 boards of 2 or more contiguous intermediate school districts
21 acting as a single board may form a community college district
22 under this chapter. The board of the intermediate school
23 district or joint board of the contiguous intermediate school
24 districts shall designate the territory of the proposed community
25 college district and refer the questions of organizing the
26 community college district and the proposed annual tax rate to
27 the superintendent of public instruction for approval. If the
1 superintendent of public instruction approves, he or she shall
2 notify the board of the intermediate school district or joint
3 board, which shall request that the school district filing
4 official include the necessary propositions for forming the
5 community college district to the electors in the designated
6 territory at the regular school election or at a special election
7 called for that purpose.
8 Sec. 52. (1) The
secretary of the board of education of
9 the intermediate school district, or the secretary of the board
10 of the intermediate school district having the highest valuation
11 in the proposed community college district for a community
12 college formed by 2 or more contiguous intermediate school
13 districts, shall file a copy of the approval of the
14 superintendent of public instruction, specified in section 51
15 together with the propositions to be submitted to the electors,
16 with the secretary of the board of education of each component
17 local school district and the school district filing official.
18 When
19 (2) If the secretary of a local school board receives the
20 filing is made described
in subsection (1) at least 60 days but
21 not more than 6 months prior
to before the next annual
22 regular school election, each
that secretary shall request that
23 the school district filing official include the necessary
24 community college propositions for forming the community college
25 district with the
proceedings for the annual regular school
26 election.
27 (3) (2)
When the approval is filed with If the secretary of
1 each a component district local school
district receives the
2 filing described in subsection (1) more than 6 months prior to
3 or less than 60 days before
the date of the annual regular
4 school election, each
board of education the board of that
5 district shall request that the school district filing official
6 call a special election.
, to be held on a date designated by
7 the secretary of the
intermediate board of education of the
8 school district having
the highest valuation within the proposed
9 community college
district for the purpose of submitting At
the
10 special election, the propositions relating to the establishment
11 of the community college district shall be submitted to the
12 electors.
13 Sec. 54. (1) A community college district is directed and
14 governed by a board of trustees, consisting of 7 members except
15 as provided in subsection (4), elected at large in the territory
16 of the district or proposed district on a nonpartisan basis. At
17 the organizational election, the electors shall elect 3 members
18 for 6-year terms, 2 for 4-year terms, and 2 for 2-year terms.
19 after the initial terms, the electors shall elect members for
20 6-year terms.
21 (2) If an organizational election is held at the same time as
22 an annual a regular school election in May, the
term of office
23 of each member elected shall commence on July 1 following the
24 organizational election.
25 (3) When an organizational election is held on a date other
26 than the date of an
annual a regular school election, each
27 board member shall take office on the fifteenth day following the
1 date of the organizational election. Regular terms of office
2 shall commence on July 1
following the next annual regular
3 school election. If the organizational election is held on a
4 date other than the annual
regular election date of the
5 component school districts, the first year of the term of office
6 of each of the members elected to the first board of trustees
7 shall extend for the period of time remaining until July 1
8 following the date of the
annual regular election of the
9 component districts held not less than 1 year nor more than 2
10 years from the date of the organizational election.
11 (4) If a contiguous county is annexed to a community college
12 district under this chapter, the electors of the annexed county
13 shall elect 2 additional members to the board of trustees of the
14 community college district, elected at large in the annexed
15 county on a nonpartisan basis for a term of 6 years. The term of
16 office of an additional member shall commence 15 days after the
17 date of certification of his or her election, at either a general
18 election or a special election of the annexed county held within
19 6 months of after
the election approving of the annexation.
20 Each additional member, and his or her replacement if a vacancy
21 occurs during the 6-year term, shall be an elector of the annexed
22 county. After the initial 6-year term, the 2 additional board
23 positions are abolished, and the board of trustees shall consist
24 of 7 members, elected as provided in subsection (1).
25 Sec. 55. (1) A
community college district shall be
26 established if a is established under this chapter only if both
27 of the following occur:
1 (a) A majority of the electors voting in the proposed
2 community college district area approve the organization of the
3 district. and
elect a
4 (b) A board of trustees in the proper number is elected by a
5 majority of the voting electors.
6 (2) A majority of the
electors of voting in the community
7 college district shall
approve the establishment of the
8 proposition establishing the maximum annual tax rate for the
9 community college district. If the proposition to establish the
10 maximum annual tax rate fails
to does not receive approval of
11 a proper majority of
the electors voting in the proposed
12 community college
district area and a community college district
13 is established under
the provisions of this section the
required
14 vote of the electors, the proposition to establish the maximum
15 annual tax rate may be resubmitted at a regular election or at a
16 special election called by the school district filing official at
17 the request of the board
of trustees. for that purpose. If the
18 proposition to establish the maximum annual tax rate fails after
19 being submitted 3 times, the community college district is
20 dissolved.
21 Sec. 56. (1) The
provisions of sections 531 to 540 of Act
22 No. 269 of the Public
Acts of 1955, as amended, shall govern the
23 conduct and procedures
of the community college election
24 conducted by local
school boards under this chapter. (2) In
25 those instances where If part of a local school district is in
26 another community college district, only those electors residing
27 in the remainder that
part of the school district shall be
1 not in the other community college district are eligible to vote
2 in the organizational election and in subsequent elections of the
3 community college district.
4 Sec. 57. The boards
of canvassers of the school districts
5 whose electors are
eligible to vote in an election appropriate
6 board of canvassers prescribed in section 24a or 30a of the
7 Michigan election law, MCL 168.24a and 168.30a, shall conduct a
8 canvass of the results of
the election within 3 days of the
9 after an election under
this chapter. For an organizational
10 election, the board of
canvassers of the intermediate school
11 district having the
highest valuation within the proposed
12 community college
district shall conduct the final canvass. For
13 a community college
district election other than an
14 organizational
election, except as otherwise provided in this
15 chapter, the board of
canvassers appointed by the board of
16 trustees of the
community college shall conduct the final
17 canvass.
18 Sec. 58. (1) The
first regular election of a community
19 college district shall
be held at the time of the annual
20 elections of the
component school districts held not less than 2
21 years nor more than 3
years from the date of the organizational
22 election. The date of
the annual school elections referred to in
23 this chapter is the
date prescribed for annual school elections
24 in sections 34, 72 and
108 of Act No. 269 of the Public Acts of
25 1955, as amended. If
any school district holds its annual
26 election on a
different date, the board of this district shall
27 call a special
election for the community college district to be
1 held on the same day
as prescribed in this chapter. The period
2 of time between the
annual election dates shall be construed as
3 being 1 year. A regular community college election is held at
4 the same time as the regular school election. A constituent
5 county shall call a special election to be held on the date of
6 the regular school election.
7 (2) Subsequent
regular elections of the community college
8 district shall be held
biennially thereafter on the annual school
9 election dates, unless
the board of trustees determines to hold
10 its election at the
same time and in conjunction with a city
11 election as provided
in section 644k of Act No. 116 of the Public
12 Acts of 1954, as
added, being section 168.644k of the Compiled
13 Laws of 1948.
14 (2) (3) At
the regular elections a regular election, in
15 addition to the election of trustees, special propositions may be
16 submitted to the electors
in addition to the election of
17 trustees when authorized by the board of trustees.
18 Sec. 59. (1)
Special elections of the community college
19 district may be called
by the The board of trustees of
a
20 community college district organized under this chapter may
21 request that the school district filing official call a special
22 election. The secretary of the board shall file a copy of the
23 resolution of the board
calling the a special election with the
24 secretary of each of
the component local and intermediate
25 school districts district
and the clerk of each component
26 county, as applicable, at
least 60 days prior to before the
27 date of the election. The resolution shall contain a statement
1 of the proposition to be
submitted to the electors. (2) The
2 board of education of each component local and intermediate
3 school district and the clerk of each component county, as
4 applicable, shall request that the school district filing
5 official call the special
election. on the date specified in the
6 resolution.
7 Sec. 62. (1) In an annexation of 1 or more local school
8 districts, if the resolution and approval are filed with each
9 secretary more than 90 or less than 21 days before the date of
10 the annual regular
school election, of the districts to be
11 annexed, the board of education of each district shall request
12 that the school district filing official call a special election
13 for voting on the propositions of annexation. If the resolution
14 and approval are filed
more than 20 days but less than 90 91
15 days prior to before
the date of the annual regular school
16 election, of
each district to be annexed, the board of
17 education of each district shall request that the school district
18 filing official submit
annexation propositions to its the
19 electors at the annual
regular school election.
20 (2) In an annexation of an intermediate school district, the
21 secretary of the intermediate school board of the intermediate
22 school district in writing shall direct the board of education of
23 each component local school district to submit the annexation
24 propositions to the electors of that component school district.
25 Each school district shall request that the school district
26 filing official call and
hold the election at the time of its
27 annual school
elections the regular school
election if
1 notification is given to each school district more than 20 but
2 less than 90 91
days before the annual election date of the
3 regular school election. Otherwise, each board of education
4 shall request that the school district filing official call a
5 special election , to
consider the annexation propositions. ,
6 on a date specified by
the secretary of the intermediate school
7 board.
8 (3) In an annexation of a county, if the resolution and
9 approval are filed more
than 90 days or more, or 20 days or
10 less , than
21 days before the date of the next general
11 election, then the
county board of commissioners clerk shall
12 call a special election within the county to consider the
13 annexation propositions. If the resolution and approval are
14 filed less than 90 91
days but more than 20 days before the
15 next general election, then the annexation propositions shall be
16 submitted to the electors of the county at that election.
17 Sec. 83. (1) In
the November, 1984 general election and
18 every 4 years after
that election until the November, 1992
19 general election, 9
members of the board of trustees of a
20 community college
district established under this chapter shall
21 be elected for a term
of 4 years. Each member shall represent a
22 trustee district
described in section 82. (2) For the members A
23 member of the board of trustees of a community college
24 established under this
chapter elected in the November, 1992
25 general election, the
members receiving the 3 highest number of
26 votes in the election
each shall be elected for a term of 6
27 years, the members
receiving the 3 next highest number of votes
1 in the election each
shall be elected for a term of 4 years, and
2 the members receiving
the 3 lowest number of votes each shall be
3 elected for a 2-year
term. A member elected after the November,
4 1992 term shall be elected for a term of 6 years unless he or
5 she is elected to fill a vacancy for the unexpired term under
6 subsection (6) (5).
7 (2) (3)
Each A candidate for trustee shall be nominated at
8 a nonpartisan primary
election conducted pursuant to under the
9 Michigan election law.
, Act No. 116 of the Public Acts of 1954,
10 being sections 168.1
to 168.992 of the Michigan Compiled Laws.
11 The nominating petitions
shall contain not less than 250 , or
12 more than 500 signatures of registered school electors of the
13 appropriate trustee
district ; shall meet the requirements of
14 section 544c of Act
No. 116 of the Public Acts of 1954, being
15 section 168.544c of
the Michigan Compiled Laws; and
shall be
16 filed with the clerk
of the county in which school district
17 filing official for the
community college district is located
18 on or before 4 p.m. of the twelfth Tuesday before the primary
19 election. A signature on
a nominating petition shall is not
20 be valid unless the petitioner is a registered school
elector
21 of the trustee district in which the candidate is running for
22 election. The county
clerk school district filing official may
23 compare the signatures on the petitions with the signatures
24 appearing on the registration records or in some other proper
25 manner determine whether the signatures appearing on the petition
26 are genuine and comply with the requirements of this section.
27 Not more than 2 candidates shall be nominated at the primary
1 election for each trustee district.
2 (3) (4) Each
of the 9 trustees shall commence his or her
3 term of office on January 1 following his or her election.
4 (4) (5) A
candidate for the office of board member
5 representing a trustee district or a person elected or appointed
6 to fill a vacancy pursuant
to under subsection (6) (5) shall
7 be 18 years of age or older at the time of his or her election or
8 appointment and shall be a
registered school an elector
9 residing in the trustee district in which the person becomes a
10 candidate or which the person is appointed to represent. If a
11 member representing a trustee district ceases to reside in the
12 trustee district during
the trustee's term of office, it shall
13 constitute is a vacating of office.
14 (5) (6) If
a vacancy occurs on the board of trustees, the
15 vacancy shall be filled
from among registered school electors
16 of the trustee district by majority vote of the remaining board
17 members. If a person is appointed to fill a vacancy in a trustee
18 district for which the unexpired term is more than 1 year and 8
19 months, that person shall serve until January 1 following the
20 next general election. At that next general election the vacancy
21 shall be filled for the unexpired term. A vacancy shall not be
22 filled later than 60 days before a primary election at which
23 voting district board members are to be nominated.
24 (6) (7) Special
elections may be called by the board of
25 trustees pursuant to in the same manner as in chapters 1 and 2.
26 , except that the
county or the constituent school districts
27 shall pay for the cost
of those elections until such time as the
1 authorization to levy
a tax is established.
2 Sec. 84. The board of trustees of a community college
3 district formed under this chapter shall submit to the electors
4 of the community college district the proposition to establish
5 the maximum annual tax rate. If the proposition to establish the
6 maximum annual tax rate fails to receive a proper majority of the
7 electors voting in the community college district at the first
8 election held for that purpose, the proposition to establish the
9 maximum annual tax rate may be resubmitted at a regular election
10 or at a special election called by the school district filing
11 official at the request of the board of trustees for that
12 purpose. In no event
shall such an election be called by the
13 The board of trustees shall not request that the school district
14 filing official call an election for that purpose more often than
15 once in any 9-month period.
16 Sec. 86. (1) In the annexation of a local school district,
17 if the resolution and approval are filed with the secretary more
18 than 90 or less than
21 days before the date of the annual
19 regular school election,
of the district to be annexed, the
20 board of education of the district shall request that the school
21 district filing official call a special election for voting on
22 the propositions of annexation. If the resolution and approval
23 are filed more than 20
days but less than 90 91 days prior to
24 before the date of the annual
regular school election, of the
25 district to be
annexed, the board of education of
the district
26 shall request that the school district filing official submit the
27 annexation propositions
to the electors at the annual regular
1 school election.
2 (2) In the annexation of an intermediate school district, the
3 secretary of the intermediate school board of the intermediate
4 school district in writing shall direct the board of education of
5 each component local school district to submit the annexation
6 propositions to the
electors of the that component school
7 district. Each school district shall request that the school
8 district filing official call and hold the election at the time
9 of the annual school
elections regular school election if
10 notification is given
more than 20 but less than 90 91 days
11 before the annual
election date of the regular school
12 election. Otherwise, each board of education shall request that
13 the school district filing official call a special election ,
14 to consider the
annexation propositions. , on a date specified
15 by the secretary of
the intermediate school board.
16 Sec. 105. (1) A
community college means an educational
17 institution providing,
primarily for all persons above the
18 twelfth grade age
level and primarily for those within commuting
19 distance, collegiate
and noncollegiate level education including
20 area
vocational-technical education programs which may result in
21 the granting of
diplomas and certificates including those known
22 as associate degrees
but not including baccalaureate or higher
23 degrees.
24 (2) An area
vocational-education program means a program of
25 organized systematic
instruction designed to prepare the
26 following individuals
for useful employment in recognized
27 occupations:
1 (a) Persons who
have completed or left high school and who
2 are available for
full-time study in preparation for entering the
3 labor market.
4 (b) Persons who
have already entered the labor market and
5 who need training to
achieve stability or advancement in
6 employment.
7 (c) Persons
enrolled in high school.
8 (3) When programs
or courses are provided for persons
9 enrolled in high school,
the provision of the programs or courses
10 shall be requested for
each of the individuals by the
11 superintendent or his
designated representative of the school
12 district in which the
person is enrolled.
13 (4) The word
"area" As used in this
act:
14 (a)
"Area", in the phrase term "area
vocational-technical
15 education program", refers
to means the geographical territory
16 of the district, and whatever
any territory without outside
17 of the district as that
is designated as the service area of
18 the district by the state
board of education superintendent of
19 public instruction. A community college is eligible to receive
20 such state aid and assistance as may be appropriated
by the
21 legislature for the aid and support of junior colleges or
22 community colleges.
23 (b) "Area vocational-education program" means a program of
24 organized systematic instruction designed to prepare the
25 following individuals for useful employment in recognized
26 occupations:
27 (i) An individual who has completed or left high school and
House Bill 4828 as amended December 11, 2003
1 who is available for full-time study in preparation for entering
2 the labor market.
3 (ii) An individual who has already entered the labor market
4 and who needs training to achieve stability or advancement in
5 employment.
6 (iii) An individual enrolled in high school. If a program or
7 course is provided for an individual enrolled in high school, the
8 superintendent of the school district in which the individual is
9 enrolled or his or her designated representative shall request
10 that the program or course be provided to the individual.
11 (c) "Community college" means an educational institution
12 providing collegiate and noncollegiate level education primarily
13 to individuals above the twelfth grade age level within commuting
14 distance. The term includes an area vocational-technical
15 education program that may result in the granting of an associate
16 degree or other diploma or certificate, but not an educational
17 institution or program granting baccalaureate or higher degrees.
18 (d) "General election" or "general state election" means the
19 term general election as defined in section 2 of the Michigan
20 election law, MCL 168.2.
21 (e) "Michigan election law" means the Michigan election law,
22 1954 PA 116, MCL 168.1 to 168.992.
23 (f) "Regular election" means that term as defined in section
24 3 of the Michigan election law, MCL 168.3.
<<(g) "School district" means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, or a community college district under this act.>>
25 <<(h) (g)>>
"School district filing official" means the school
26 district election coordinator as defined in section 4 of the
27 Michigan election law, MCL 168.4, or an authorized agent of the
House Bill No. 4828 as amended December 11, 2003
1 school district election coordinator.
2 <<(i) (h)>>
"Special election" means that term as defined in section
3 4 of the Michigan election law, MCL 168.4.
4 Sec. 107. (1)
An elector of a community college district
5 shall possess the
qualifications provided for in article 2 of the
6 state constitution election under this act shall be called,
7 administered, conducted, and canvassed as provided in this act
8 and the Michigan election law.
9 (2) A special election under this act shall be held on a
10 regular election day established under section 641 of the
11 Michigan election law, MCL 168.641.
12 Sec. 122. The board of trustees may do all of the
13 following:
14 (a) Borrow, subject to the provisions of the revised
15 municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, for
16 community college purposes, including capital expenditures, money
17 on the terms it considers desirable and give notes of the
18 district for those purposes. If a newly organized community
19 college district borrows in anticipation of the collection of the
20 first tax levy of the district, the loan shall not exceed 50% of
21 the estimated amount of the first tax levy.
22 (b) Borrow, subject to the revised municipal finance act,
23 2001 PA 34, MCL 141.2101 to 141.2821, money as it considers
24 necessary and issue bonds of the community college district, to
25 purchase sites for buildings, playgrounds, athletic fields, or
26 agricultural farms; to purchase or erect and equip any building
27 or buildings that it is authorized to purchase and erect; or to
1 make any permanent improvement that it is authorized to make. A
2 loan shall not be made and bonds shall not be issued for any sum
3 that, together with the total outstanding bonded indebtedness of
4 the district, including bonds voted but not issued, exceeds the
5 total of 1-1/2% of the first $250,000,000.00 plus 1% of the
6 excess over $250,000,000.00 of the last confirmed state equalized
7 valuation of all taxable property in the district unless the
8 proposition of making the loan or of issuing bonds has been
9 submitted first to a vote of the qualified electors of the
10 district, at a general
regular or special election, and
11 approved by the majority of the electors voting at the election,
12 in which event loans may be made or bonds may be issued in an
13 amount not to exceed 15% of the total state equalized valuation
14 of the district.
15 (c) Provide for energy conservation improvements to be made
16 to community college
facilities and may pay for the
17 improvements from operating funds of the district or from the
18 savings that result from the energy conservation improvements.
19 Energy conservation improvements may include, but are not limited
20 to, heating system improvements, fenestration improvements, roof
21 improvements, the installation of any insulation, the
22 installation or repair of heating or air conditioning controls,
23 and entrance or exit way closures. The board of trustees may
24 acquire 1 or more energy conservation improvements by installment
25 contract or may borrow money and issue notes for the purpose of
26 securing funds for the improvements or may enter into contracts
27 in which the cost of the energy conservation improvements is paid
1 from a portion of the savings that result from the energy
2 conservation improvements. These contractual agreements may
3 provide that the cost of the energy conservation improvements are
4 paid only if the energy savings are sufficient to cover their
5 cost. An installment contract or notes issued pursuant to this
6 subdivision shall extend for a period of time not to exceed 10
7 years. Notes issued pursuant to this subdivision shall be full
8 faith and credit, tax limited obligations of the community
9 college district, payable from tax levies and the general fund as
10 pledged by the board of trustees. The notes are subject to the
11 revised municipal finance act, 2001 PA 34, MCL 141.2101 to
12 141.2821. This subdivision does not limit in any manner the
13 borrowing or bonding authority of a community college as provided
14 by law.
15 Sec. 144. (1) The board of trustees of each community
16 college district may levy for the purposes specified as within
17 the power of the board a tax that does not exceed the rate
18 previously or subsequently authorized by the qualified electors
19 of the district or the rate derived through the previous adoption
20 by the electors of the district of former 1955 PA 188, or the
21 rate that is allocated to the community college district in
22 accordance with the property tax limitation act, 1933 PA 62,
23 MCL 211.201 to 211.217a. The funds may be used for all purposes
24 authorized, except that to the extent permitted under the revised
25 municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821,
26 taxes imposed for the payment of principal and interest on bonds
27 or other evidences of indebtedness or for the payment of
1 assessments or contract obligations in anticipation of which
2 bonds are issued may be imposed without limitation as to rate or
3 amount. This limitation may be increased to not more than 5
4 mills if approved by a majority of the qualified electors voting
5 on the question at any
general a regular or special election of
6 the community college district.
7 (2) Except as provided in subsection (3), the board of
8 trustees shall determine the total taxes required for any year
9 and shall certify the approved tax rate to be levied and the
10 amount of taxes to be raised to the proper assessing officer of
11 each city and township in which the territory of the community
12 college district is situated on or before September 1 of each
13 year, except that the board of trustees may provide by resolution
14 that taxes to be raised against property within any city or
15 township, any portion of which lies within the community college
16 district boundaries, may be levied and collected in the same
17 manner and at the same time as the city or township taxes or in
18 the same manner and at the same time as school district or
19 intermediate school district taxes are being collected by the
20 city or township under part 26 of the revised school code, 1976
21 PA 451, MCL 380.1611 to 380.1615.
22 (3) By resolution of its board on or before May 15 of the
23 year in which it is established, a community college district
24 established under this act between January 1 and May 1 of any
25 calendar year may impose a summer property tax levy of either the
26 total or 1/2 of the community college district property taxes for
27 that tax year. The board resolution shall also determine the
1 total taxes required for that tax year and certify the approved
2 tax rate to be levied and the amount of taxes to be raised to the
3 proper assessing officer of each city or township in which the
4 territory of the community college district is situated. Upon
5 receipt of that board resolution, each city and township in which
6 the community college district is situated that collects a summer
7 property tax levy pursuant
to under section 1613 of the revised
8 school code, 1976 PA 451, MCL 380.1613, shall collect the summer
9 levy for that year. The reasonable and actual expenses incurred
10 by a city or township in collecting the community college
11 district property taxes under this subsection, to the extent
12 these expenses are in addition to the expense of collecting and
13 assessing any other taxes at the same time and exceed the amount
14 of any fees imposed for the collection of the community college
15 property taxes, shall be billed to and paid by the community
16 college district. For the purposes of this subsection,
17 reasonable and actual expenses shall not exceed the current
18 collection agreements negotiated with the largest intermediate
19 school district within the community college district. This
20 subsection applies until December 31, 1992.
21 (4) All money
collected by any a tax collecting officer
22 from the tax levied pursuant
to under this section shall be
23 returned to the community
college district pursuant to as
24 provided by section 43 of the general property tax act, 1893
25 PA 206, MCL 211.43, or to the county treasurer who shall pay the
26 taxes so returned immediately to the community college district.
27 (5) The subjects of taxation for the community college
1 district purposes shall be the same as for state, county, and
2 other school purposes as provided under the general property tax
3 act, 1893 PA 206, MCL 211.1 to 211.157.
4 Sec. 152. (1) Candidates for members of the first and
5 succeeding boards shall be nominated by petition signed by not
6 less than 50 or more than 200 qualified and registered electors
7 residing within the geographic area of the community college
8 district. All nominating petitions in community college
9 districts organized under chapter 1 shall be filed not later than
10 4 p.m. on the one
hundred-tenth day prior to before the date of
11 any election. All nominating petitions in community college
12 districts organized under chapters 2 and 3 shall be filed not
13 later than 4 p.m. on the
ninth Monday prior to before the date
14 of any election. If the last day for filing nominating petitions
15 falls on a Saturday, Sunday, or legal holiday, the nominating
16 petitions shall be filed not later than 4 p.m. on the next day
17 that is not a Saturday, Sunday, or legal holiday.
18 (2) Nominating
petitions for the first board and succeeding
19 boards of trustees of a community college district organized
20 under chapter 1 shall be
filed with the county clerk or clerks
21 school district filing official. Nominating petitions for the
22 first board and
succeeding boards of trustees organized under
23 chapters 2 and 3 shall be
filed with the secretary of the board
24 of education of the
intermediate school district of the county
25 having the highest
valuation within the community college
26 district school district filing official. Nominating
petitions
27 for succeeding boards
of trustees shall be filed with the
1 secretary of the board
of trustees of the community college
2 district, except that
when candidates are elected from separate
3 school districts
within the college district as provided in
4 chapter 2, nominees
from school district areas shall file
5 nominating petitions
with the secretaries of school districts for
6 the first and
succeeding boards of trustees. In a community
7 college district
organized under chapter 1, the names of all
8 candidates and the
terms of office shall be certified to the
9 county clerk or clerks
by the secretary of the board of trustees
10 of the community
college district within 5 days after the last
11 day for filing petitions.
12 (3) Upon the filing of nominating petitions with the
13 appropriate school district filing official, he or she
shall
14 canvass them to ascertain if they have been signed by the
15 requisite number of
qualified and registered electors and for
16 the purpose of
determining the validity thereof may cause may
17 check any doubtful
signatures to be checked against the
18 registration records of the clerk of any political subdivision in
19 which the petitions were circulated, or may use any other method
20 he or she deems proper for determining the validity of the
21 doubtful signatures. If he or she determines that the nominating
22 petitions of any candidate do not comply with the requirements or
23 if the candidate does not possess the qualifications as required
24 by the provisions of this act for membership on the board of
25 trustees, the school district filing official shall notify the
26 candidate of that fact and of the reasons.
27 (4) This section does not apply to nominating petitions for a
1 candidate for a board of trustees organized under chapter 5.
2 Enacting section 1. Sections 20, 40, and 60 of the
3 community college act of 1966, 1966 PA 331, MCL 389.20, 389.40,
4 and 389.60, are repealed.
5 Enacting section 2. This amendatory act takes effect
6 January 1, 2005.
7 Enacting section 3. This amendatory act does not take
8 effect unless all of the following bills of the 92nd Legislature
9 are enacted into law:
10 (a) Senate Bill No. 877.
11 (b) House Bill No. 4820.
12 (c) House Bill No. 4822.
13 (d) House Bill No. 4823.
14 (e) House Bill No. 4824.
15 (f) House Bill No. 4825.
16 (g) House Bill No. 4826.
17 (h) House Bill No. 4827.