June 12, 2003, Introduced by Reps. Pappageorge, Farhat, Vander Veen, Ward, Ruth Johnson and Steil 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, 14, 16, 17, 18, 21, 37, 38, 57, 58,
105, 107, 111, 122, 144, and 154 (MCL 389.2, 389.12, 389.14,
389.16, 389.17, 389.18, 389.21, 389.37, 389.38, 389.57, 389.58,
389.105, 389.107, 389.111, 389.122, 389.144, and 389.154),
section 2 as added by 1998 PA 153, sections 14, 17, 21, 37, and
57 as amended by 2000 PA 488, section 111 as amended by 1997 PA
135, section 122 as amended by 2002 PA 72, section 144 as amended
by 2002 PA 73, and section 154 as amended by 1984 PA 96.
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 ,
1 1954 PA 116, MCL 168.1
to 168.992, applicable to a petition
2 described in this section is subject to the penalties prescribed
3 for that violation in the
Michigan election law. , 1954 PA 116,
4 MCL 168.1 to 168.992.
5 Sec. 12. (1) When approval of a proposed community college
6 district is filed with the appropriate county clerks at least 75
7 days, but not more
than 6 months prior to 10 months, before the
8 next general state election, the clerks shall include the
9 necessary community college propositions with the proceedings for
10 the general election.
11 (2) When approval of a proposed community college district
12 is filed with the appropriate
county clerks more than 6 months
13 prior to 10 months before the holding of the next
general state
14 election, each county clerk shall call a special election for the
15 purpose of submitting to the electors the propositions relating
16 to the establishment of the community college district to be held
17 on the next regular election date that is at least 75 days after
18 the approval is filed.
19 Sec. 14. (1) A community college district is directed and
20 governed by a board of trustees, consisting of 7 members, elected
21 at large in the territory of the district or proposed district on
22 a nonpartisan basis. At the organizational election, the
23 electors shall elect 3 members for 6-year terms, 2 for 4-year
24 terms, and 2 for 2-year terms. After the initial terms, at the
25 next regular community college election immediately preceding the
26 expiration of their terms of office, the electors shall elect
27 members for 6-year terms. In a community college district that
1 is comprised of 3
counties and is in operation on the effective
2 date of this act October 1, 1966, the board of trustees shall
3 continue to consist of 9 members, 3 from each county, elected for
4 6-year terms.
5 (2) If an organizational election is held at the same time as
6 a general state
election an education election
day, the term of
7 office of each member elected
shall commence on January July 1
8 following the organizational election.
9 (3) When an organizational election is held on a date other
10 than the date of a
general state an education election day,
11 each board member shall take office on the fifteenth day
12 following the date of the organizational election. Regular terms
13 of office shall commence
on January July 1 following the next
14 general state education election day. However, the period
of
15 time from the date of the
organizational election until January
16 July 1 following the next
general state education election day
17 is in addition to the regular terms to which each member was
18 elected.
19 Sec. 16. The general election laws, including the voting of
20 absent voters, and
all laws of the state relating to the days
21 on which elections are held, the hours for the opening and
22 closing of the polls at elections, and provisions for preserving
23 the purity of elections and for preventing fraud and corruption,
24 shall govern all elections under this act so far as the
same
25 are applicable and not
inconsistent with the provisions of this
26 act. All county County
and local election officials shall
27 perform their election
duties for all regular and special
1 elections held in
accordance with the provisions of this
2 chapter, including the proper giving of notices of registration
3 and election.
4 Sec. 17. Except
as otherwise provided in this chapter
5 Subject to section 24a of the Michigan election law, MCL 168.24a,
6 the county board of
canvassers shall conduct a the canvass of
7 the results of any an
organizational election or other election
8 of the a
community college district organized under this
9 chapter. If the
election area involves more than 1 county, the
10 county board of
canvassers of the county containing the highest
11 valuation of the
community college district or proposed community
12 college district shall
conduct the canvass.
13 Sec. 18. Regular elections of the community college
14 district shall be held on
the same date as the general state
15 elections education election day. At regular elections,
in
16 addition to the election of trustees, special propositions may be
17 submitted to the vote of the electors when authorized by the
18 board of trustees.
19 Sec. 21. (1) The
By adoption of a resolution, the board
20 of trustees of a
community college district comprised of a
21 county or counties by
resolution may annex organized
under this
22 chapter may initiate annexation to the community college
23 district, in the
manner provided in this act, any of a
24 contiguous county, contiguous township, contiguous intermediate
25 school district, or contiguous local school district not already
26 included within the area of a community college district, subject
27 to the following:
1 (a) A community college district located in the Upper
2 Peninsula may annex a county, township, intermediate school
3 district, or local school district that is not contiguous.
4 (b) A community college district that has been offering
5 classes at a federal military installation located in a
6 noncontiguous county for a period of at least 20 years may annex
7 that noncontiguous county or that portion of the noncontiguous
8 county that is not within another community college district.
9 (2) Prior to the Before
an annexation election, the board
10 of trustees shall obtain approval of the proposed annexation from
11 the superintendent of public instruction. Upon receipt of the
12 approval, the secretary of the board of trustees shall file
13 certified copies of the annexation resolution and the approval
14 with the clerk of the county or township to be annexed, or the
15 secretary of the board of the intermediate school district or
16 local school district to be annexed, as applicable.
17 (3) If After
the resolution and approval are filed more
18 than 90 days before
the date of the next general state election,
19 then under subsection (2), the county board of
commissioners,
20 the township board, or the board of the intermediate or local
21 school district, as applicable, shall call a special election for
22 the purpose of voting on the question of annexation to the
23 community college district and of approving the maximum tax rate
24 existing in the community
college district. If the resolution
25 and approval are filed
less than 90 days but more than 20 days
26 prior to the next
general state election, then the propositions
27 shall be presented at
that election. A special election
called
1 under this subsection shall be held on a regular election date
2 that is not less than 49 days after the special election is
3 requested.
4 (4) Annexation
becomes An annexation is effective on the
5 date of the election if both propositions receive majority
6 approval of the electors voting on the propositions. The final
7 results of the annexation
election shall be canvassed as
8 follows: by the appropriate board of canvassers as provided
in
9 section 24a or 30a of the Michigan election law, MCL 168.24a and
10 168.30a.
11 (a) If a county
is the subject of annexation, the county
12 board of canvassers
shall conduct the canvass as provided in
13 section 17.
14 (b) If a township
is the subject of annexation, the township
15 board of canvassers
shall conduct the canvass.
16 (c) If a local or
intermediate school district is the subject
17 of annexation, the
board of canvassers of the local or
18 intermediate school
district shall conduct the canvass.
19 (5) By virtue of annexation, unless otherwise provided in the
20 approved annexation
propositions, any territory annexed to a
21 community college district is subject to taxes levied for
22 principal and interest of outstanding bonded indebtedness of the
23 community college district.
24 (6) If any a
portion of a county, township, or intermediate
25 or local school district to be annexed lies within a community
26 college district at the time of the annexation election, then the
27 electors residing in that territory are not eligible to vote on
1 the propositions and that territory does not become a part of the
2 community college district.
3 Sec. 37. The appropriate
board of canvassers of the local
4 or intermediate school
districts whose electors are eligible to
5 vote in an election under section 24a or 30a of the Michigan
6 election law, MCL 168.24a and 168.30a, shall conduct a canvass of
7 the results of the an
election under this chapter. The board
8 of canvassers shall conduct the canvass within 3 days of the
9 election. For an
organizational election, the board of
10 canvassers appointed
by the secretaries of the boards of the
11 component school
districts meeting jointly shall conduct the
12 final canvass. For a
community college district election, other
13 than an organizational
election, except as otherwise provided in
14 this chapter, the
board of canvassers appointed by the board of
15 trustees of the
community college district shall conduct the
16 final canvass. In the
case of a community college district
17 consisting entirely of
1 school district, the board of canvassers
18 for elections in that
school district shall conduct the final
19 canvass.
20 Sec. 38. (1) The regular community college election shall
21 be held at the same time
as the annual regular school elections
22 of the constituent school
districts held in the odd numbered
23 years on the date
prescribed for annual school elections in
24 sections 34, 72 and
108 of Act No. 269 of the Public Acts of
25 1955, as amended on the day determined under the Michigan
26 election law. If any component school district holds its annual
27 school election on a
different date, the board of such that
1 district shall call a special election to be held on the same day
2 as that above
prescribed. The election shall be conducted in
3 the same manner
provided by sections 531 to 540 of Act No. 269 of
4 the Public Acts of
1955, as amended. prescribed by
this
5 subsection.
6 (2) At the regular elections separate propositions may be
7 submitted to the electors in addition to the election of trustees
8 of the community college district when authorized by the board of
9 trustees.
10 Sec. 57. The boards
of canvassers of the school districts
11 whose electors are
eligible to vote in an election appropriate
12 board of canvassers prescribed in section 24a or 30a of the
13 Michigan election law, MCL 168.24a and 168.30a, shall conduct a
14 canvass of the results of
the election within 3 days of the
15 after an election under
this chapter. For an organizational
16 election, the board of
canvassers of the intermediate school
17 district having the
highest valuation within the proposed
18 community college
district shall conduct the final canvass. For
19 a community college
district election other than an
20 organizational
election, except as otherwise provided in this
21 chapter, the board of
canvassers appointed by the board of
22 trustees of the
community college shall conduct the final
23 canvass.
24 Sec. 58. (1) The
first regular election of a community
25 college district shall
be held at the time of the annual
26 elections of the
component school districts held not less than 2
27 years nor more than 3
years from the date of the organizational
1 election. The date of
the annual school elections referred to in
2 this chapter is the
date prescribed for annual school elections
3 in sections 34, 72 and
108 of Act No. 269 of the Public Acts of
4 1955, as amended. If
any school district holds its annual
5 election on a
different date, the board of this district shall
6 call a special
election for the community college district to be
7 held on the same day
as prescribed in this chapter. The period
8 of time between the
annual election dates shall be construed as
9 being 1 year. A regular community college election is held at
10 the same time as the regular school election. A constituent
11 county shall call a special election to be held on the date of
12 the regular school election.
13 (2) Subsequent
regular elections of the community college
14 district shall be held
biennially thereafter on the annual school
15 election dates, unless
the board of trustees determines to hold
16 its election at the
same time and in conjunction with a city
17 election as provided
in section 644k of Act No. 116 of the Public
18 Acts of 1954, as
added, being section 168.644k of the Compiled
19 Laws of 1948.
20 (2) (3) At the
regular elections a regular election, in
21 addition to the election of trustees, special propositions may be
22 submitted to the electors
in addition to the election of
23 trustees when authorized by the board of trustees.
24 Sec. 105. (1) A
community college means an educational
25 institution providing,
primarily for all persons above the
26 twelfth grade age
level and primarily for those within commuting
27 distance, collegiate
and noncollegiate level education including
1 area
vocational-technical education programs which may result in
2 the granting of
diplomas and certificates including those known
3 as associate degrees
but not including baccalaureate or higher
4 degrees.
5 (2) An area
vocational-education program means a program of
6 organized systematic
instruction designed to prepare the
7 following individuals
for useful employment in recognized
8 occupations:
9 (a) Persons who
have completed or left high school and who
10 are available for
full-time study in preparation for entering the
11 labor market.
12 (b) Persons who
have already entered the labor market and who
13 need training to
achieve stability or advancement in employment.
14 (c) Persons
enrolled in high school.
15 (3) When programs
or courses are provided for persons
16 enrolled in high
school, the provision of the programs or courses
17 shall be requested for
each of the individuals by the
18 superintendent or his
designated representative of the school
19 district in which the
person is enrolled.
20 (4) The word
"area" As used in this
act:
21 (a)
"Area", in the phrase term "area
vocational-technical
22 education program", refers
to means the geographical territory
23 of the district, and whatever
any territory without outside
24 of the district as that
is designated as the service area of
25 the district by the state
board of education superintendent of
26 public instruction. A community college is eligible to receive
27 such state aid and assistance as may be appropriated
by the
1 legislature for the aid and support of junior colleges or
2 community colleges.
3 (b) "Area vocational-education program" means a program of
4 organized systematic instruction designed to prepare the
5 following individuals for useful employment in recognized
6 occupations:
7 (i) An individual who has completed or left high school and
8 who is available for full-time study in preparation for entering
9 the labor market.
10 (ii) An individual who has already entered the labor market
11 and who needs training to achieve stability or advancement in
12 employment.
13 (iii) An individual enrolled in high school. If a program or
14 course is provided for a person enrolled in high school, the
15 superintendent of the school district in which the individual is
16 enrolled or his or her designated representative shall request
17 that the program or course be provided to the individual.
18 (c) "Community college" means an educational institution
19 providing collegiate and noncollegiate level education primarily
20 to individuals above the twelfth grade age level within commuting
21 distance. The term includes an area vocational-technical
22 education program that may result in the granting of an associate
23 degree or other diploma or certificate, but not an educational
24 institution or program granting baccalaureate or higher degrees.
25 (d) "Education election day" means that term as defined in
26 section 2 of the Michigan election law, MCL 168.2.
27 (e) "Michigan election law" means the Michigan election law,
1 1954 PA 116, MCL 168.1 to 168.992.
2 (f) "Regular election" means that term as defined in section
3 3 of the Michigan election law, MCL 168.3
4 (g) "Special election" means that term as defined in section
5 4 of the Michigan election law, MCL 168.4.
6 Sec. 107. (1)
An elector of a community college district
7 shall possess the
qualifications provided for in article 2 of the
8 state constitution election under this act shall be called,
9 administered, conducted, and canvassed as provided in this act
10 and the Michigan election law.
11 (2) A special election under this act shall be held on a
12 regular election date established under section 641 of the
13 Michigan election law, MCL 168.641.
14 Sec. 111. (1) The first meeting of the board of trustees
15 following the organizational election of a community college
16 district shall be called by the secretary of the intermediate
17 board of education of the county having the highest valuation
18 within the community college district. The meeting shall be held
19 within 15 days following the statutory date upon which the newly
20 elected members take office, at a time and place designated by
21 the secretary. Public notice of the time, date, and place of the
22 meeting shall be given in the manner required by the open
23 meetings act, 1976 PA 267, MCL 15.261 to 15.275.
24 (2) The organizational board meeting of a community college
25 district operating under chapter 1 shall be held at the first
26 meeting of the board of
trustees in January July following the
27 date of the regular
community college election. The
1 organizational board
meeting of a community college district
2 operating under
chapters 2 or 3 shall be held at the first board
3 of trustees meeting in
July following the date of the regular
4 community college
district election.
5 (3) At the first meeting of a first or succeeding board of
6 trustees, the board shall elect a chairperson and a vice
7 chairperson, who shall be members of the board of trustees, and a
8 secretary and a treasurer, who need not be members of the board
9 of trustees. The officers shall be elected for a term of 2
10 years, subject to change of officers by resolution of the board.
11 (4) The business which the board may perform shall be
12 conducted in compliance with the open meetings act, 1976 PA 267,
13 MCL 15.261 to 15.275.
14 Sec. 122. The board of trustees may do all of the
15 following:
16 (a) Borrow, subject to the provisions of the revised
17 municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, for
18 community college purposes, including capital expenditures, money
19 on the terms it considers desirable and give notes of the
20 district for those purposes. If a newly organized community
21 college district borrows in anticipation of the collection of the
22 first tax levy of the district, the loan shall not exceed 50% of
23 the estimated amount of the first tax levy.
24 (b) Borrow, subject to the revised municipal finance act,
25 2001 PA 34, MCL 141.2101 to 141.2821, money as it considers
26 necessary and issue bonds of the community college district, to
27 purchase sites for buildings, playgrounds, athletic fields, or
1 agricultural farms; to purchase or erect and equip any building
2 or buildings that it is authorized to purchase and erect; or to
3 make any permanent improvement that it is authorized to make. A
4 loan shall not be made and bonds shall not be issued for any sum
5 that, together with the total outstanding bonded indebtedness of
6 the district, including bonds voted but not issued, exceeds the
7 total of 1-½% of the first $250,000,000.00 plus 1% of the excess
8 over $250,000,000.00 of the last confirmed state equalized
9 valuation of all taxable property in the district unless the
10 proposition of making the loan or of issuing bonds has been
11 submitted first to a vote of the qualified electors of the
12 district, at a general
regular or special election, and
13 approved by the majority of the electors voting at the election,
14 in which event loans may be made or bonds may be issued in an
15 amount not to exceed 15% of the total state equalized valuation
16 of the district.
17 (c) Provide for energy conservation improvements to be made
18 to community college
facilities and may pay for the
19 improvements from operating funds of the district or from the
20 savings that result from the energy conservation improvements.
21 Energy conservation improvements may include, but are not limited
22 to, heating system improvements, fenestration improvements, roof
23 improvements, the installation of any insulation, the
24 installation or repair of heating or air conditioning controls,
25 and entrance or exit way closures. The board of trustees may
26 acquire 1 or more energy conservation improvements by installment
27 contract or may borrow money and issue notes for the purpose of
1 securing funds for the improvements or may enter into contracts
2 in which the cost of the energy conservation improvements is paid
3 from a portion of the savings that result from the energy
4 conservation improvements. These contractual agreements may
5 provide that the cost of the energy conservation improvements are
6 paid only if the energy savings are sufficient to cover their
7 cost. An installment
contract or notes issued pursuant to
8 under this subdivision shall extend for a period of time not to
9 exceed 10 years. Notes
issued pursuant to under this
10 subdivision shall be full faith and credit, tax limited
11 obligations of the community college district, payable from tax
12 levies and the general fund as pledged by the board of trustees.
13 The notes are subject to the revised municipal finance act, 2001
14 PA 34, MCL 141.2101 to 141.2821. This subdivision does not limit
15 in any manner the borrowing or bonding authority of a community
16 college as provided by law.
17 Sec. 144. (1) The board of trustees of each community
18 college district may levy for the purposes specified as within
19 the power of the board a tax that does not exceed the rate
20 previously or subsequently authorized by the qualified electors
21 of the district or the rate derived through the previous adoption
22 by the electors of the district of former 1955 PA 188, or the
23 rate that is allocated to the community college district in
24 accordance with the property tax limitation act, 1933 PA 62,
25 MCL 211.201 to 211.217a. The funds may be used for all purposes
26 authorized, except that to the extent permitted under the revised
27 municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821,
1 taxes imposed for the payment of principal and interest on bonds
2 or other evidences of indebtedness or for the payment of
3 assessments or contract obligations in anticipation of which
4 bonds are issued may be imposed without limitation as to rate or
5 amount. This limitation may be increased to not more than 5
6 mills if approved by a majority of the qualified electors voting
7 on the question at any
general a regular or special election of
8 the community college district.
9 (2) Except as provided in subsection (3), the board of
10 trustees shall determine the total taxes required for any year
11 and shall certify the approved tax rate to be levied and the
12 amount of taxes to be raised to the proper assessing officer of
13 each city and township in which the territory of the community
14 college district is situated on or before September 1 of each
15 year, except that the board of trustees may provide by resolution
16 that taxes to be raised
against property within any a city or
17 township, any portion of which lies within the community college
18 district boundaries, may be levied and collected in the same
19 manner and at the same time as the city or township taxes or in
20 the same manner and at the same time as school district or
21 intermediate school district taxes are being collected by the
22 city or township under part 26 of the revised school code, 1976
23 PA 451, MCL 380.1611 to 380.1615.
24 (3) By resolution of its board on or before May 15 of the
25 year in which it is established, a community college district
26 established under this act between January 1 and May 1 of any
27 calendar year may impose a summer property tax levy of either the
1 total or 1/2 of the community college district property taxes for
2 that tax year. The board resolution shall also determine the
3 total taxes required for that tax year and certify the approved
4 tax rate to be levied and the amount of taxes to be raised to the
5 proper assessing officer of each city or township in which the
6 territory of the community college district is situated. Upon
7 receipt of that board resolution, each city and township in which
8 the community college district is situated that collects a summer
9 property tax levy pursuant
to under section 1613 of the revised
10 school code, 1976 PA 451, MCL 380.1613, shall collect the summer
11 levy for that year. The reasonable and actual expenses incurred
12 by a city or township in collecting the community college
13 district property taxes under this subsection, to the extent
14 these expenses are in addition to the expense of collecting and
15 assessing any other taxes at the same time and exceed the amount
16 of any fees imposed for the collection of the community college
17 property taxes, shall be billed to and paid by the community
18 college district. For the purposes of this subsection,
19 reasonable and actual expenses shall not exceed the current
20 collection agreements negotiated with the largest intermediate
21 school district within the community college district. This
22 subsection applies until December 31, 1992.
23 (4) All money
collected by any a tax collecting officer
24 from the tax levied pursuant
to under this section shall be
25 returned to the community
college district pursuant to as
26 provided by section 43 of the general property tax act, 1893
27 PA 206, MCL 211.43, or to the county treasurer who shall pay the
1 taxes so returned immediately to the community college district.
2 (5) The subjects of taxation for the community college
3 district purposes shall be the same as for state, county, and
4 other school purposes as provided under the general property tax
5 act, 1893 PA 206, MCL 211.1 to 211.157.
6 Sec. 154. When a candidate for election to the board of
7 trustees dies before the election, withdraws, removes from the
8 community college district or proposed district, or becomes
9 disqualified for any reason, and that person is the only
10 candidate for the term of office of member of the board of
11 trustees, then at the first meeting of the board after the
12 election, the board shall elect, by majority vote of the members
13 of the board, a person who would otherwise meet the
14 qualifications of the office to serve until the next succeeding
15 regular community college election for members of the board of
16 trustees or, in the case of a candidate for election to a board
17 of trustees organized
under chapter 5, until the next general
18 regular election.
19 Enacting section 1. This amendatory act takes effect January
20 1, 2005.
21 Enacting section 2. This amendatory act does not take effect
22 unless all of the following bills of the 92nd Legislature are
23 enacted into law:
24 (a) Senate Bill No. _____ or House Bill No. 4830 (request
25 no. 02321'03).
26 (b) Senate Bill No. _____ or House Bill No. 4831 (request
27 no. 02322'03).
1 (c) Senate Bill No. _____ or House Bill No. 4832 (request
2 no. 02323'03).
3 Enacting section 3. This amendatory act does not take effect
4 unless Senate Joint Resolution _____ or House Joint Resolution I
5 (request no. 02320'03) of the 92nd Legislature becomes a
6 part of the state constitution of 1963 as provided in section 1
7 of article XII of the state constitution of 1963.