June 10, 2003, Introduced by Reps. Drolet, Hummel, Farhat, Brandenburg, Garfield, Hoogendyk, Amos, Casperson, Emmons, Wenke, Tabor, Palsrok, Sheen, Stahl, Vander Veen, Acciavatti, LaJoy, Steil, Walker, Pastor, Stakoe, Meyer, Voorhees, Taub, Ward, Ruth Johnson, Rocca, Kooiman, Robertson, Moolenaar and Richardville and referred to the Committee on Local Government and Urban Policy.
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 at
11 least 75 77
days but not more than 6 months prior to before
12 the next general state election, the clerks shall include the
13 necessary community college propositions with the proceedings for
14 the general election.
15 (2) When If
approval of a proposed community college
16 district is filed with the appropriate county clerks more than 6
17 months prior to the
holding of before the next general state
18 election, each county clerk shall call a special election for the
19 purpose of submitting to the electors the propositions relating
20 to the establishment of the community college district to be held
21 on the next regular election day that is not less than 77 days
22 after the approval is filed.
23 Sec. 16. The general election laws, including the voting of
24 absent voters, and
all laws of the state relating to the days
25 on which elections are held, the hours for the opening and
26 closing of the polls at elections, and provisions for preserving
1 the purity of elections and for preventing fraud and corruption,
2 shall govern all elections under this act so far as the
same
3 are applicable and not
inconsistent with the provisions of this
4 act. All county County
and local election officials shall
5 perform their election
duties for all regular and special
6 elections held in
accordance with the provisions of this
7 chapter, including the proper giving of notices of registration
8 and election.
9 Sec. 17. Except
as otherwise provided in this chapter
10 Subject to section 24a of the Michigan election law, MCL 168.24a,
11 the county board of
canvassers shall conduct a the canvass of
12 the results of any an
organizational election or other election
13 of the a
community college district organized under this
14 chapter. If the
election area involves more than 1 county, the
15 county board of
canvassers of the county containing the highest
16 valuation of the
community college district or proposed community
17 college district shall
conduct the canvass.
18 Sec. 21. (1) The
By adoption of a resolution, the board
19 of trustees of a
community college district comprised of a
20 county or counties by
resolution may annex organized
under this
21 chapter may initiate annexation to the community college
22 district, in the
manner provided in this act, any of a
23 contiguous county, contiguous township, contiguous intermediate
24 school district, or contiguous local school district not already
25 included within the area of a community college district, subject
26 to the following:
27 (a) A community college district located in the Upper
1 Peninsula may annex a county, township, intermediate school
2 district, or local school district that is not contiguous.
3 (b) A community college district that has been offering
4 classes at a federal military installation located in a
5 noncontiguous county for a period of at least 20 years may annex
6 that noncontiguous county or that portion of the noncontiguous
7 county that is not within another community college district.
8 (2) Prior to the Before
an annexation election, the board
9 of trustees shall obtain approval of the proposed annexation from
10 the superintendent of public instruction. Upon receipt of the
11 approval, the secretary of the board of trustees shall file
12 certified copies of the annexation resolution and the approval
13 with the clerk of the county or township to be annexed, or the
14 secretary of the board of the intermediate school district or
15 local school district to be annexed, as applicable.
16 (3) If After
the resolution and approval are filed more
17 than 90 days before
the date of the next general state election,
18 then under subsection (2), the county board of
commissioners,
19 the township board, or the board of the intermediate or local
20 school district, as applicable, shall call a special election for
21 the purpose of voting on the question of annexation to the
22 community college district and of approving the maximum tax rate
23 existing in the community
college district. If the resolution
24 and approval are filed
less than 90 days but more than 20 days
25 prior to the next
general state election, then the propositions
26 shall be presented at
that election. A special election
called
27 under this subsection shall be held on a regular election day
1 that is not less than 49 days after the special election is
2 requested.
3 (4) Annexation
becomes An annexation is effective on the
4 date of the election if both propositions receive majority
5 approval of the electors voting on the propositions. The final
6 results of the annexation
election shall be canvassed as
7 follows: by the appropriate board of canvassers as provided
in
8 section 24a or 30a of the Michigan election law, MCL 168.24a and
9 168.30a.
10 (a) If a county
is the subject of annexation, the county
11 board of canvassers
shall conduct the canvass as provided in
12 section 17.
13 (b) If a township
is the subject of annexation, the township
14 board of canvassers
shall conduct the canvass.
15 (c) If a local or
intermediate school district is the subject
16 of annexation, the
board of canvassers of the local or
17 intermediate school
district shall conduct the canvass.
18 (5) By virtue of annexation, unless otherwise provided in the
19 approved annexation
propositions, any territory annexed to a
20 community college district is subject to taxes levied for
21 principal and interest of outstanding bonded indebtedness of the
22 community college district.
23 (6) If any a
portion of a county, township, or intermediate
24 or local school district to be annexed lies within a community
25 college district at the time of the annexation election, then the
26 electors residing in that territory are not eligible to vote on
27 the propositions and that territory does not become a part of the
1 community college district.
2 Sec. 32. (1) In
the case of If 2 or more school districts
3 file resolutions to organize a community college district, the
4 secretary of the board of education of the intermediate school
5 district shall file a copy of the approval specified in section
6 31 with the secretary of the board of education of each component
7 school district. When
If the filing with each component school
8 district, or receipt of approval from the state board of
9 education by the secretary of the board of education of a single
10 school district, occurs at least 60 days but not more than 6
11 months prior to before
the next annual school election, the
12 secretaries shall include the necessary community college
13 propositions in the proceedings for the annual election.
14 (2) When If
the approval is filed with the secretaries of
15 the component school districts or approval is received by the
16 secretary of the board of education of a single school district
17 more than 6 months prior
to before the date of the annual
18 school election, each board of education shall call a special
19 election to be held on
a date in not less than 60 days on a
20 regular election day as designated by the secretary of the
21 intermediate board of education of the school district having the
22 highest valuation within the proposed community college district,
23 for the purpose of submitting the propositions relating to the
24 establishment of a
community college district, or in the case
25 of for a single school district, the board
of education shall
26 call a special election to be held in not less than 60 days on a
27 date it determines regular election day. A majority of the
1 electors of the school district
voting thereon on the
2 propositions shall approve the organization of the community
3 college district.
4 Sec. 34. (1) If the community college district consists of
5 a single school district, the community college district is
6 directed and governed by a board of trustees consisting of 7
7 members, elected at large in the territory of the district or
8 proposed district on a nonpartisan basis. At the organizational
9 election, the electors shall elect 3 members for 6-year terms, 2
10 for 4-year terms, and 2 for 2-year terms. After the initial
11 terms, at the next regular community college election immediately
12 preceding the expiration of a member's term of office, the
13 electors shall elect the member's successor for a term of 6
14 years.
15 (2) If an organizational election is held at the same time as
16 an annual a regular school election in May, the
term of office
17 of each member elected shall commence on July 1 following the
18 organizational election.
However, if If the annual regular
19 school election is held in November, the term of each member
20 elected shall commence on the January 1 following the
21 organizational election.
22 (3) When If
an organizational election is held on a date
23 other than the date of an
annual a regular school election,
24 each board member shall take office on the fifteenth day
25 following the date of the organizational election. Regular terms
26 of office shall commence
on July 1 following the next annual
27 regular school election in
May. However, if If the next
1 annual regular school election is held in November,
the regular
2 terms of office shall commence on the January 1 following the
3 annual school election. If the organizational election is held
4 on a date other than the annual
regular election date of the
5 component school district, 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 or
8 January 1, whichever is applicable under this subsection,
9 following the date of the
annual regular election of the
10 component district held not less than 1 year nor more than 2
11 years after the date of the organizational election.
12 Sec. 34a. (1) If the community college district consists of
13 2 or more school districts, the community college district shall
14 be directed and governed by a board of trustees consisting of 7
15 members, elected at large in the proposed community college
16 district on a nonpartisan basis. At the organizational election,
17 there shall be elected 3 members for 6-year terms, 2 members for
18 4-year terms, and 2 members for 2-year terms. Thereafter, at the
19 next regular community college election immediately preceding the
20 expiration of their terms of office, their successors shall be
21 elected for terms of 6 years.
22 (2) When If
the organizational election is held at the same
23 time as the annual regular
school election in May, the term of
24 office of each member elected shall commence on July 1 following
25 the organizational
election. However, if If the annual
26 regular school election is held in November, the term of each
27 member elected shall commence on the January 1 following the
1 organizational election.
2 (3) When If
the organizational election is held on a date
3 other than the date of
the annual regular school election, each
4 board member shall take office on the fifteenth day following the
5 date of the organizational election. Regular terms of office
6 shall commence on July 1
following the next annual regular
7 school election in May.
However, if If the next annual
8 regular school election is held in November, the regular terms of
9 office shall commence on
the January 1 following the annual
10 regular school election.
When If the organizational election
11 is held on a date other
than the annual regular school
12 election, the first year of the term of office of each of the
13 members elected to the first board of trustees shall extend for
14 the period of time remaining until July 1 or January 1, whichever
15 is applicable under this subsection, following the date of the
16 annual regular school election.
17 (4) In the case
of an existing community college district
18 consisting of 2 or more
school districts, the board of trustees
19 as presently
constituted shall continue to serve until the next
20 regular community
college election which occurs after April 5,
21 1978. At that time,
additional members shall be elected in
22 numbers and for terms
so that, together with existing board
23 members whose terms
are not expiring, there will be 2 members
24 whose terms expire 2
years after the election, 3 members whose
25 terms expire 4 years
after the election, and 2 members whose
26 terms expire 6 years
after the election.
27 (5) The term of
any member serving on the effective date of
1 this subsection, in a
district which elects members in November,
2 shall terminate on
January 1 of the calendar year in which the
3 member's term
otherwise would have expired, but for this
4 subsection.
5 Sec. 36. (1) The
provisions of sections 531 to 540 of Act
6 No. 269 of the Public
Acts of 1955, as amended, being sections
7 340.531 to 340.540 of
the Compiled Laws of 1948, shall govern the
8 conduct and procedures
of the community college election
9 conducted by local
school boards under this chapter. (2) Where
10 If part of a local school district is in another community
11 college district, only
those electors residing in the remainder
12 that part of the school
district shall be not in the other
13 community college district are eligible to vote in the
14 organizational election or in subsequent community college
15 elections.
16 Sec. 37. The appropriate
board of canvassers of the local
17 or intermediate school
districts whose electors are eligible to
18 vote in an election under section 24a or 30a of the Michigan
19 election law, MCL 168.24a and 168.30a, shall conduct a canvass of
20 the results of the an
election under this chapter. The board
21 of canvassers shall conduct the canvass within 3 days of the
22 election. For an
organizational election, the board of
23 canvassers appointed
by the secretaries of the boards of the
24 component school
districts meeting jointly shall conduct the
25 final canvass. For a
community college district election, other
26 than an organizational
election, except as otherwise provided in
27 this chapter, the
board of canvassers appointed by the board of
1 trustees of the
community college district shall conduct the
2 final canvass. In the
case of a community college district
3 consisting entirely of
1 school district, the board of canvassers
4 for elections in that
school district shall conduct the final
5 canvass.
6 Sec. 38. (1) The regular community college election shall
7 be held at the same time
as the annual regular school elections
8 of the constituent school
districts held in the odd numbered
9 years on the date
prescribed for annual school elections in
10 sections 34, 72 and
108 of Act No. 269 of the Public Acts of
11 1955, as amended on the day determined under section 642b of the
12 Michigan election law, MCL 168.642b. If any component school
13 district holds its annual school election on a different date,
14 the board of such district shall call a special election to be
15 held on the same day as
that above prescribed. The election
16 shall be conducted in
the same manner provided by sections 531 to
17 540 of Act No. 269 of
the Public Acts of 1955, as amended.
18 prescribed by this subsection.
19 (2) At the regular elections separate propositions may be
20 submitted to the electors in addition to the election of trustees
21 of the community college district when authorized by the board of
22 trustees.
23 Sec. 39. (1) Special
elections of the community college
24 district may be called
by the The board of trustees of
a
25 community college district organized under this chapter may
26 request that the appropriate clerk under the Michigan election
27 law call a special election. The secretary of the board shall
1 file a copy of the
resolution of the board calling the
2 requesting the call of a special election with the secretaries of
3 the each component local and intermediate
school districts
4 district and the clerk of each component county, as applicable,
5 at least 60 days prior
to before the date of the election. The
6 request to the appropriate local clerk and the resolution of the
7 board shall contain a statement of the propositions to be
8 submitted to the electors.
9 (2) The board of education of each component local and
10 intermediate school district and the clerk of each component
11 county, as applicable, shall request that the appropriate clerk
12 under the Michigan election law call the special election on the
13 date regular election day specified in the
resolution of the
14 board of trustees.
15 Sec. 42. (1) In the annexation of a local school district,
16 if the resolution and approval are filed with the secretary more
17 than 90 or less than
21 days before the date of the annual a
18 regular school election,
of the district to be annexed, the
19 board of education of the district shall request that the
20 appropriate clerk under the Michigan election law call a special
21 school election for
voting on the annexation on a date the
22 regular election day specified by the secretary of the board of
23 trustees of the community college district. If the resolution
24 and approval are filed
more than 20 days but less than 90 91
25 days prior to before
the date of the annual regular school
26 election, of
the district to be annexed, the board of education
27 of the local school district shall request that the appropriate
1 clerk under the Michigan election law submit the annexation
2 proposition to the
electors at the annual regular school
3 election.
4 (2) In the annexation of an intermediate school district, the
5 secretary of the intermediate school board of the intermediate
6 school district in writing shall direct the board of education of
7 each component local school district to submit the annexation
8 propositions to the electors of the school district. Each school
9 district shall call and hold the election at the time of the
10 annual school
elections regular school election
if notification
11 is given more than 20 but
less than 90 91 days before the
12 annual date of the regular school election. date.
Otherwise,
13 each board of education shall request that the appropriate local
14 clerk under the Michigan election law call a special election ,
15 to consider the
annexation propositions. , on a date specified
16 by the secretary of
the intermediate school board.
17 (3) In the annexation of a county, if the resolution and
18 approval are filed more
than 90 days or more, or 20 days or
19 less , than
21 days before the date of the next general
20 election, then the
county board of commissioners clerk shall
21 call a special election within the county to consider the
22 annexation propositions. If the resolution and approval are
23 filed less than 90 91
days but more than 20 days before the
24 next general election, then the annexation propositions shall be
25 submitted to the electors of the county at that election.
26 Sec. 51. (1) The
board of education of an intermediate
27 school district or the
boards of 2 or more adjoining intermediate
1 school districts
acting as a single board may direct that the
2 question of coming
under the provisions of this act be submitted
3 to the school electors
of the territory affected at the annual
4 school elections or at
special school elections held in the local
5 school districts of
such territory. If any school district holds
6 its annual election on
a different date, it shall call a special
7 election to be held on
the same day of the annual elections.
8 (2) The board of
education of the intermediate school
9 district or the joint
board of 2 or more intermediate school
10 districts shall
designate the territory to be included in the
11 proposed community
college district and a uniform property tax
12 question for the
support of the community college, both
13 propositions being
subject to the approval of the state board of
14 education. The board of an intermediate school district or
the
15 boards of 2 or more contiguous intermediate school districts
16 acting as a single board may form a community college district
17 under this chapter. The board of the intermediate school
18 district or joint board of the contiguous intermediate school
19 districts shall designate the territory of the proposed community
20 college district and refer the questions of organizing the
21 community college district and the proposed annual tax rate to
22 the superintendent of public instruction for approval. If the
23 superintendent of public instruction approves, he or she shall
24 notify the board of the intermediate school district or joint
25 board, which shall request that the appropriate clerk under the
26 Michigan election law include the necessary propositions for
27 forming the community college district to the electors in the
1 designated territory at the regular school election or at a
2 special election called for that purpose.
3 Sec. 52. (1) The
secretary of the board of education of
4 the intermediate school district, or the secretary of the board
5 of the intermediate school district having the highest valuation
6 in the proposed community college district for a community
7 college formed by 2 or more contiguous intermediate school
8 districts, shall file a copy of the approval of the
9 superintendent of public instruction, specified in section 51
10 together with the propositions to be submitted to the electors,
11 with the secretary of the board of education of each component
12 local school district. When
13 (2) If the secretary of a local school board receives the
14 filing is made described
in subsection (1) at least 60 days but
15 not more than 6 months prior
to before the next annual
16 regular school election, each
that secretary shall request that
17 the appropriate clerk under the Michigan election law include the
18 necessary community college propositions for forming the
19 community college district
with the proceedings for the annual
20 November school election.
21 (3) (2)
When the approval is filed with If the secretary of
22 each a component district local school
district receives the
23 filing described in subsection (1) more than 6 months prior to
24 or less than 60 days before
the date of the annual regular
25 school election, each
board of education the board of that
26 district shall request that the appropriate clerk under the
27 Michigan election law
call a special election. , to be held on a
1 date designated by the
secretary of the intermediate board of
2 education of the
school district having the highest valuation
3 within the proposed
community college district for the purpose of
4 submitting At the special election, the propositions
relating to
5 the establishment of the community college district shall be
6 submitted to the electors.
7 Sec. 54. (1) A community college district is directed and
8 governed by a board of trustees, consisting of 7 members except
9 as provided in subsection (4), elected at large in the territory
10 of the district or proposed district on a nonpartisan basis. At
11 the organizational election, the electors shall elect 3 members
12 for 6-year terms, 2 for 4-year terms, and 2 for 2-year terms.
13 after the initial terms, the electors shall elect members for
14 6-year terms.
15 (2) If an organizational election is held at the same time as
16 an annual a regular school election in May, the
term of office
17 of each member elected shall commence on July 1 following the
18 organizational election.
19 (3) When an organizational election is held on a date other
20 than the date of an
annual a regular school election, each
21 board member shall take office on the fifteenth day following the
22 date of the organizational election. Regular terms of office
23 shall commence on July 1
following the next annual regular
24 school election. If the organizational election is held on a
25 date other than the annual
regular election date of the
26 component school districts, the first year of the term of office
27 of each of the members elected to the first board of trustees
1 shall extend for the period of time remaining until July 1
2 following the date of the
annual regular election of the
3 component districts held not less than 1 year nor more than 2
4 years from the date of the organizational election.
5 (4) If a contiguous county is annexed to a community college
6 district under this chapter, the electors of the annexed county
7 shall elect 2 additional members to the board of trustees of the
8 community college district, elected at large in the annexed
9 county on a nonpartisan basis for a term of 6 years. The term of
10 office of an additional member shall commence 15 days after the
11 date of certification of his or her election, at either a general
12 election or a special election of the annexed county held within
13 6 months of after
the election approving of the annexation.
14 Each additional member, and his or her replacement if a vacancy
15 occurs during the 6-year term, shall be an elector of the annexed
16 county. After the initial 6-year term, the 2 additional board
17 positions are abolished, and the board of trustees shall consist
18 of 7 members, elected as provided in subsection (1).
19 Sec. 55. (1) A
community college district shall be
20 established if a is established under this chapter only if both
21 of the following occur:
22 (a) A majority of the electors voting in the proposed
23 community college district area approve the organization of the
24 district. and
elect a
25 (b) A board of trustees in the proper number is elected by a
26 majority of the voting electors.
27 (2) A majority of the
electors of voting in the community
1 college district shall
approve the establishment of the
2 proposition establishing the maximum annual tax rate for the
3 community college district. If the proposition to establish the
4 maximum annual tax rate fails
to does not receive approval of
5 a proper majority of
the electors voting in the proposed
6 community college
district area and a community college district
7 is established under
the provisions of this section the
required
8 vote of the electors, the proposition to establish the maximum
9 annual tax rate may be resubmitted at a regular election or at a
10 special election called by the appropriate clerk under the
11 Michigan election law at the request of the board of trustees.
12 for that purpose. If the proposition to establish the maximum
13 annual tax rate fails after being submitted 3 times, the
14 community college district is dissolved.
15 Sec. 56. (1) The
provisions of sections 531 to 540 of Act
16 No. 269 of the Public
Acts of 1955, as amended, shall govern the
17 conduct and procedures
of the community college election
18 conducted by local
school boards under this chapter. (2) In
19 those instances where If part of a local school district is in
20 another community college district, only those electors residing
21 in the remainder that
part of the school district shall be
22 not in the other community college district are eligible to vote
23 in the organizational election and in subsequent elections of the
24 community college district.
25 Sec. 57. The boards
of canvassers of the school districts
26 whose electors are
eligible to vote in an election appropriate
27 board of canvassers prescribed in section 24a or 30a of the
1 Michigan election law, MCL 168.24a and 168.30a, shall conduct a
2 canvass of the results of
the election within 3 days of the
3 after an election under
this chapter. For an organizational
4 election, the board of
canvassers of the intermediate school
5 district having the
highest valuation within the proposed
6 community college
district shall conduct the final canvass. For
7 a community college
district election other than an
8 organizational election,
except as otherwise provided in this
9 chapter, the board of
canvassers appointed by the board of
10 trustees of the
community college shall conduct the final
11 canvass.
12 Sec. 58. (1) The
first regular election of a community
13 college district shall
be held at the time of the annual
14 elections of the
component school districts held not less than 2
15 years nor more than 3
years from the date of the organizational
16 election. The date of
the annual school elections referred to in
17 this chapter is the
date prescribed for annual school elections
18 in sections 34, 72 and
108 of Act No. 269 of the Public Acts of
19 1955, as amended. If
any school district holds its annual
20 election on a
different date, the board of this district shall
21 call a special
election for the community college district to be
22 held on the same day
as prescribed in this chapter. The period
23 of time between the
annual election dates shall be construed as
24 being 1 year. A regular community college election is held at
25 the same time as the regular school election. A constituent
26 county shall call a special election to be held on the date of
27 the regular school election.
1 (2) Subsequent
regular elections of the community college
2 district shall be held
biennially thereafter on the annual school
3 election dates, unless
the board of trustees determines to hold
4 its election at the
same time and in conjunction with a city
5 election as provided
in section 644k of Act No. 116 of the Public
6 Acts of 1954, as
added, being section 168.644k of the Compiled
7 Laws of 1948.
8 (2) (3) At
the regular elections a regular election, in
9 addition to the election of trustees, special propositions may be
10 submitted to the electors
in addition to the election of
11 trustees when authorized by the board of trustees.
12 Sec. 59. (1)
Special elections of the community college
13 district may be called
by the The board of trustees of
a
14 community college district organized under this chapter may
15 request that the appropriate clerk under the Michigan election
16 law call a special election. The secretary of the board shall
17 file a copy of the
resolution of the board calling the a
18 special election with the
secretary of each of the component
19 local and intermediate
school districts district and the clerk
20 of each component county, as applicable, at least 60 days prior
21 to before the date of the election. The
resolution shall
22 contain a statement of the proposition to be submitted to the
23 electors. (2) The
board of education of each component local
24 and intermediate school district and the clerk of each component
25 county, as applicable, shall request that the appropriate clerk
26 under the Michigan election law call the special election. on
27 the date specified in
the resolution.
1 Sec. 62. (1) In an annexation of 1 or more local school
2 districts, if the resolution and approval are filed with each
3 secretary more than 90 or less than 21 days before the date of
4 the annual regular
school election, of the districts to be
5 annexed, the board of education of each district shall request
6 that the appropriate clerk under the Michigan election law call a
7 special election for voting on the propositions of annexation.
8 If the resolution and approval are filed more than 20 days but
9 less than 90 91
days prior to before the date of the annual
10 regular school election,
of each district to be annexed, the
11 board of education of each district shall request that the
12 appropriate clerk under the Michigan election law submit
13 annexation propositions
to its the electors at the annual
14 regular school election.
15 (2) In an annexation of an intermediate school district, the
16 secretary of the intermediate school board of the intermediate
17 school district in writing shall direct the board of education of
18 each component local school district to submit the annexation
19 propositions to the electors of that component school district.
20 Each school district shall request that the appropriate clerk
21 under the Michigan election law call and hold the election at the
22 time of its annual
school elections the regular school election
23 if notification is given to each school district more than 20 but
24 less than 90 91
days before the annual election date of the
25 November school election. Otherwise, each board of education
26 shall request that the appropriate clerk under the Michigan
27 election law call a
special election , to consider the
1 annexation propositions.
, on a date specified by the secretary
2 of the intermediate
school board.
3 (3) In an annexation of a county, if the resolution and
4 approval are filed more
than 90 days or more, or 20 days or
5 less , than
21 days before the date of the next general
6 election, then the
county board of commissioners clerk shall
7 call a special election within the county to consider the
8 annexation propositions. If the resolution and approval are
9 filed less than 90 91
days but more than 20 days before the
10 next general election, then the annexation propositions shall be
11 submitted to the electors of the county at that election.
12 Sec. 83. (1) In
the November, 1984 general election and
13 every 4 years after
that election until the November, 1992
14 general election, 9
members of the board of trustees of a
15 community college
district established under this chapter shall
16 be elected for a term
of 4 years. Each member shall represent a
17 trustee district
described in section 82. (2) For the members A
18 member of the board of trustees of a community college
19 established under this
chapter elected in the November, 1992
20 general election, the
members receiving the 3 highest number of
21 votes in the election
each shall be elected for a term of 6
22 years, the members
receiving the 3 next highest number of votes
23 in the election each
shall be elected for a term of 4 years, and
24 the members receiving
the 3 lowest number of votes each shall be
25 elected for a 2-year
term. A member elected after the November,
26 1992 term shall be elected for a term of 6 years unless he or
27 she is elected to fill a vacancy for the unexpired term under
1 subsection (6) (5).
2 (2) (3)
Each A candidate for trustee shall be nominated at
3 a nonpartisan primary
election conducted pursuant to under the
4 Michigan election law.
, Act No. 116 of the Public Acts of 1954,
5 being sections 168.1
to 168.992 of the Michigan Compiled Laws.
6 The nominating petitions
shall contain not less than 250 , or
7 more than 500 signatures of registered school electors of the
8 appropriate trustee
district ; shall meet the requirements of
9 section 544c of Act
No. 116 of the Public Acts of 1954, being
10 section 168.544c of
the Michigan Compiled Laws; and
shall be
11 filed with the clerk of the county in which the community college
12 district is located on or before 4 p.m. of the twelfth Tuesday
13 before the primary election. A signature on a nominating
14 petition shall is
not be valid unless the petitioner is a
15 registered school elector of the trustee district in which the
16 candidate is running for election. The county clerk may compare
17 the signatures on the petitions with the signatures appearing on
18 the registration records or in some other proper manner determine
19 whether the signatures appearing on the petition are genuine and
20 comply with the requirements of this section. Not more than 2
21 candidates shall be nominated at the primary election for each
22 trustee district.
23 (3) (4) Each
of the 9 trustees shall commence his or her
24 term of office on January 1 following his or her election.
25 (4) (5) A
candidate for the office of board member
26 representing a trustee district or a person elected or appointed
27 to fill a vacancy
pursuant to subsection (6) (5) shall be 18
1 years of age or older at the time of his or her election or
2 appointment and shall be a
registered school an elector
3 residing in the trustee district in which the person becomes a
4 candidate or which the person is appointed to represent. If a
5 member representing a trustee district ceases to reside in the
6 trustee district during
the trustee's term of office, it shall
7 constitute is a vacating of office.
8 (5) (6) If
a vacancy occurs on the board of trustees, the
9 vacancy shall be filled
from among registered school electors
10 of the trustee district by majority vote of the remaining board
11 members. If a person is appointed to fill a vacancy in a trustee
12 district for which the unexpired term is more than 1 year and 8
13 months, that person shall serve until January 1 following the
14 next general election. At that next general election the vacancy
15 shall be filled for the unexpired term. A vacancy shall not be
16 filled later than 60 days before a primary election at which
17 voting district board members are to be nominated.
18 (6) (7) Special
elections may be called by the board of
19 trustees pursuant to in the same manner as in chapters 1 and 2.
20 , except that the
county or the constituent school districts
21 shall pay for the cost
of those elections until such time as the
22 authorization to levy
a tax is established.
23 Sec. 84. The board of trustees of a community college
24 district formed under this chapter shall submit to the electors
25 of the community college district the proposition to establish
26 the maximum annual tax rate. If the proposition to establish the
27 maximum annual tax rate fails to receive a proper majority of the
1 electors voting in the community college district at the first
2 election held for that purpose, the proposition to establish the
3 maximum annual tax rate may be resubmitted at a regular election
4 or at a special election called by the appropriate clerk under
5 the Michigan election law at the request of the board of trustees
6 for that purpose. In
no event shall such an election be called
7 by the The board of trustees shall not request
that the
8 appropriate clerk under the Michigan election law call an
9 election for that purpose more often than once in any 9-month
10 period.
11 Sec. 86. (1) In the annexation of a local school district,
12 if the resolution and approval are filed with the secretary more
13 than 90 or less than
21 days before the date of the annual
14 regular school election,
of the district to be annexed, the
15 board of education of the district shall request that the
16 appropriate clerk under the Michigan election law call a special
17 election for voting on the propositions of annexation. If the
18 resolution and approval are filed more than 20 days but less than
19 90 91 days prior to before the
date of the annual regular
20 school election, of
the district to be annexed, the board of
21 education of the district shall request that the appropriate
22 clerk under the Michigan election law submit the annexation
23 propositions to the
electors at the annual regular school
24 election.
25 (2) In the annexation of an intermediate school district, the
26 secretary of the intermediate school board of the intermediate
27 school district in writing shall direct the board of education of
1 each component local school district to submit the annexation
2 propositions to the
electors of the that component school
3 district. Each school district shall request that the
4 appropriate clerk under the Michigan election law call and hold
5 the election at the time
of the annual school elections regular
6 school election if notification is given more than 20 but less
7 than 90 91
days before the annual election date of the
8 regular school election. Otherwise, each board of education
9 shall request that the appropriate clerk under the Michigan
10 election law call a
special election , to consider the
11 annexation propositions.
, on a date specified by the secretary
12 of the intermediate
school board.
13 Sec. 105. (1) A
community college means an educational
14 institution providing,
primarily for all persons above the
15 twelfth grade age
level and primarily for those within commuting
16 distance, collegiate
and noncollegiate level education including
17 area
vocational-technical education programs which may result in
18 the granting of
diplomas and certificates including those known
19 as associate degrees
but not including baccalaureate or higher
20 degrees.
21 (2) An area
vocational-education program means a program of
22 organized systematic instruction
designed to prepare the
23 following individuals
for useful employment in recognized
24 occupations:
25 (a) Persons who
have completed or left high school and who
26 are available for
full-time study in preparation for entering the
27 labor market.
1 (b) Persons who
have already entered the labor market and
2 who need training to
achieve stability or advancement in
3 employment.
4 (c) Persons
enrolled in high school.
5 (3) When programs
or courses are provided for persons
6 enrolled in high
school, the provision of the programs or courses
7 shall be requested for
each of the individuals by the
8 superintendent or his
designated representative of the school
9 district in which the
person is enrolled.
10 (4) The word
"area" As used in this
act:
11 (a)
"Area", in the phrase term "area
vocational-technical
12 education program", refers
to means the geographical territory
13 of the district, and whatever
any territory without outside
14 of the district as that
is designated as the service area of
15 the district by the state
board of education superintendent of
16 public instruction. A community college is eligible to receive
17 such state aid and assistance as may be appropriated
by the
18 legislature for the aid and support of junior colleges or
19 community colleges.
20 (b) "Area vocational-education program" means a program of
21 organized systematic instruction designed to prepare the
22 following individuals for useful employment in recognized
23 occupations:
24 (i) An individual who has completed or left high school and
25 who is available for full-time study in preparation for entering
26 the labor market.
27 (ii) An individual who has already entered the labor market
1 and who needs training to achieve stability or advancement in
2 employment.
3 (iii) An individual enrolled in high school. If a program or
4 course is provided for an individual enrolled in high school, the
5 superintendent of the school district in which the individual is
6 enrolled or his or her designated representative shall request
7 that the program or course be provided to the individual.
8 (c) "Community college" means an educational institution
9 providing collegiate and noncollegiate level education primarily
10 to individuals above the twelfth grade age level within commuting
11 distance. The term includes an area vocational-technical
12 education program that may result in the granting of an associate
13 degree or other diploma or certificate, but not an educational
14 institution or program granting baccalaureate or higher degrees.
15 (d) "General election" or "general state election" means the
16 term general election as defined in section 2 of the Michigan
17 election law, MCL 168.2.
18 (e) "Michigan election law" means the Michigan election law,
19 1954 PA 116, MCL 168.1 to 168.992.
20 (f) "Regular election" means that term as defined in section
21 3 of the Michigan election law, MCL 168.3.
22 (g) "Special election" means that term as defined in section
23 4 of the Michigan election law, MCL 168.4.
24 Sec. 107. (1)
An elector of a community college district
25 shall possess the
qualifications provided for in article 2 of the
26 state constitution election under this act shall be called,
27 administered, conducted, and canvassed as provided in this act
1 and the Michigan election law.
2 (2) A special election under this act shall be held on a
3 regular election day established under section 641 of the
4 Michigan election law, MCL 168.641.
5 Sec. 122. The board of trustees may do all of the
6 following:
7 (a) Borrow, subject to the provisions of the revised
8 municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, for
9 community college purposes, including capital expenditures, money
10 on the terms it considers desirable and give notes of the
11 district for those purposes. If a newly organized community
12 college district borrows in anticipation of the collection of the
13 first tax levy of the district, the loan shall not exceed 50% of
14 the estimated amount of the first tax levy.
15 (b) Borrow, subject to the revised municipal finance act,
16 2001 PA 34, MCL 141.2101 to 141.2821, money as it considers
17 necessary and issue bonds of the community college district, to
18 purchase sites for buildings, playgrounds, athletic fields, or
19 agricultural farms; to purchase or erect and equip any building
20 or buildings that it is authorized to purchase and erect; or to
21 make any permanent improvement that it is authorized to make. A
22 loan shall not be made and bonds shall not be issued for any sum
23 that, together with the total outstanding bonded indebtedness of
24 the district, including bonds voted but not issued, exceeds the
25 total of 1-1/2% of the first $250,000,000.00 plus 1% of the
26 excess over $250,000,000.00 of the last confirmed state equalized
27 valuation of all taxable property in the district unless the
1 proposition of making the loan or of issuing bonds has been
2 submitted first to a vote of the qualified electors of the
3 district, at a general
regular or special election, and
4 approved by the majority of the electors voting at the election,
5 in which event loans may be made or bonds may be issued in an
6 amount not to exceed 15% of the total state equalized valuation
7 of the district.
8 (c) Provide for energy conservation improvements to be made
9 to community college
facilities and may pay for the
10 improvements from operating funds of the district or from the
11 savings that result from the energy conservation improvements.
12 Energy conservation improvements may include, but are not limited
13 to, heating system improvements, fenestration improvements, roof
14 improvements, the installation of any insulation, the
15 installation or repair of heating or air conditioning controls,
16 and entrance or exit way closures. The board of trustees may
17 acquire 1 or more energy conservation improvements by installment
18 contract or may borrow money and issue notes for the purpose of
19 securing funds for the improvements or may enter into contracts
20 in which the cost of the energy conservation improvements is paid
21 from a portion of the savings that result from the energy
22 conservation improvements. These contractual agreements may
23 provide that the cost of the energy conservation improvements are
24 paid only if the energy savings are sufficient to cover their
25 cost. An installment contract or notes issued pursuant to this
26 subdivision shall extend for a period of time not to exceed 10
27 years. Notes issued pursuant to this subdivision shall be full
1 faith and credit, tax limited obligations of the community
2 college district, payable from tax levies and the general fund as
3 pledged by the board of trustees. The notes are subject to the
4 revised municipal finance act, 2001 PA 34, MCL 141.2101 to
5 141.2821. This subdivision does not limit in any manner the
6 borrowing or bonding authority of a community college as provided
7 by law.
8 Sec. 144. (1) The board of trustees of each community
9 college district may levy for the purposes specified as within
10 the power of the board a tax that does not exceed the rate
11 previously or subsequently authorized by the qualified electors
12 of the district or the rate derived through the previous adoption
13 by the electors of the district of former 1955 PA 188, or the
14 rate that is allocated to the community college district in
15 accordance with the property tax limitation act, 1933 PA 62,
16 MCL 211.201 to 211.217a. The funds may be used for all purposes
17 authorized, except that to the extent permitted under the revised
18 municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821,
19 taxes imposed for the payment of principal and interest on bonds
20 or other evidences of indebtedness or for the payment of
21 assessments or contract obligations in anticipation of which
22 bonds are issued may be imposed without limitation as to rate or
23 amount. This limitation may be increased to not more than 5
24 mills if approved by a majority of the qualified electors voting
25 on the question at any
general a regular or special election of
26 the community college district.
27 (2) Except as provided in subsection (3), the board of
1 trustees shall determine the total taxes required for any year
2 and shall certify the approved tax rate to be levied and the
3 amount of taxes to be raised to the proper assessing officer of
4 each city and township in which the territory of the community
5 college district is situated on or before September 1 of each
6 year, except that the board of trustees may provide by resolution
7 that taxes to be raised against property within any city or
8 township, any portion of which lies within the community college
9 district boundaries, may be levied and collected in the same
10 manner and at the same time as the city or township taxes or in
11 the same manner and at the same time as school district or
12 intermediate school district taxes are being collected by the
13 city or township under part 26 of the revised school code, 1976
14 PA 451, MCL 380.1611 to 380.1615.
15 (3) By resolution of its board on or before May 15 of the
16 year in which it is established, a community college district
17 established under this act between January 1 and May 1 of any
18 calendar year may impose a summer property tax levy of either the
19 total or 1/2 of the community college district property taxes for
20 that tax year. The board resolution shall also determine the
21 total taxes required for that tax year and certify the approved
22 tax rate to be levied and the amount of taxes to be raised to the
23 proper assessing officer of each city or township in which the
24 territory of the community college district is situated. Upon
25 receipt of that board resolution, each city and township in which
26 the community college district is situated that collects a summer
27 property tax levy pursuant
to under section 1613 of the revised
1 school code, 1976 PA 451, MCL 380.1613, shall collect the summer
2 levy for that year. The reasonable and actual expenses incurred
3 by a city or township in collecting the community college
4 district property taxes under this subsection, to the extent
5 these expenses are in addition to the expense of collecting and
6 assessing any other taxes at the same time and exceed the amount
7 of any fees imposed for the collection of the community college
8 property taxes, shall be billed to and paid by the community
9 college district. For the purposes of this subsection,
10 reasonable and actual expenses shall not exceed the current
11 collection agreements negotiated with the largest intermediate
12 school district within the community college district. This
13 subsection applies until December 31, 1992.
14 (4) All money
collected by any a tax collecting officer
15 from the tax levied pursuant
to under this section shall be
16 returned to the community
college district pursuant to as
17 provided by section 43 of the general property tax act, 1893
18 PA 206, MCL 211.43, or to the county treasurer who shall pay the
19 taxes so returned immediately to the community college district.
20 (5) The subjects of taxation for the community college
21 district purposes shall be the same as for state, county, and
22 other school purposes as provided under the general property tax
23 act, 1893 PA 206, MCL 211.1 to 211.157.
24 Sec. 152. (1) Candidates for members of the first and
25 succeeding boards shall be nominated by petition signed by not
26 less than 50 or more than 200 qualified and registered electors
27 residing within the geographic area of the community college
1 district. All nominating petitions in community college
2 districts organized under chapter 1 shall be filed not later than
3 4 p.m. on the one
hundred-tenth day prior to before the date of
4 any election. All nominating petitions in community college
5 districts organized under chapters 2 and 3 shall be filed not
6 later than 4 p.m. on the
ninth Monday prior to before the date
7 of any election. If the last day for filing nominating petitions
8 falls on a Saturday, Sunday, or legal holiday, the nominating
9 petitions shall be filed not later than 4 p.m. on the next day
10 that is not a Saturday, Sunday, or legal holiday.
11 (2) Nominating
petitions for the first board and succeeding
12 boards of trustees of a community college district organized
13 under chapter 1 shall be filed with the county clerk or clerks.
14 Nominating petitions for
the first board and succeeding boards
15 of trustees organized under chapters 2 and 3 shall be filed with
16 the secretary of the
board of education of the intermediate
17 school district of the
county having the highest valuation within
18 the community college
district appropriate clerk under
the
19 Michigan election law. Nominating
petitions for succeeding
20 boards of trustees
shall be filed with the secretary of the board
21 of trustees of the
community college district, except that when
22 candidates are elected
from separate school districts within the
23 college district as
provided in chapter 2, nominees from school
24 district areas shall
file nominating petitions with the
25 secretaries of school
districts for the first and succeeding
26 boards of trustees.
In a community college district organized
27 under chapter 1, the
names of all candidates and the terms of
1 office shall be
certified to the county clerk or clerks by the
2 secretary of the board
of trustees of the community college
3 district within 5 days
after the last day for filing petitions.
4 (3) Upon the filing of nominating petitions with the
5 appropriate official, he or she shall canvass them to ascertain
6 if they have been signed by the requisite number of qualified
7 and registered electors and for the purpose of determining the
8 validity thereof may
cause may check any doubtful
signatures to
9 be checked against the registration records of the clerk of any
10 political subdivision in which the petitions were circulated, or
11 may use any other method he or she deems proper for determining
12 the validity of the doubtful signatures. If he or she determines
13 that the nominating petitions of any candidate do not comply with
14 the requirements or if the candidate does not possess the
15 qualifications as required by the provisions of this act for
16 membership on the board of trustees, the official shall notify
17 the candidate of that fact and of the reasons.
18 (4) This section does not apply to nominating petitions for a
19 candidate for a board of trustees organized under chapter 5.
20 Enacting section 1. Sections 20, 40, and 60 of the
21 community college act of 1966, 1966 PA 331, MCL 389.20, 389.40,
22 and 389.60, are repealed.
23 Enacting section 2. This amendatory act takes effect
24 January 1, 2005.
25 Enacting section 3. This amendatory act does not take
26 effect unless all of the following bills of the 92nd Legislature
27 are enacted into law:
1 (a) Senate Bill No. ____ or House Bill No. 4820 (request
2 no. 01918'03 *).
3 (b) Senate Bill No. ____ or House Bill No. 4821 (request
4 no. 01919'03 *).
5 (c) Senate Bill No. ____ or House Bill No. 4824 (request
6 no. 01920'03 *).