September 22, 2010, Introduced by Reps. Lemmons and Bettie Scott and referred to the Committee on Ethics and Elections.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 411a, 412a, and 416 (MCL 380.411a, 380.412a,
and 380.416), sections 411a and 416 as amended by 2007 PA 29 and
section 412a as amended by 2004 PA 303.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411a. (1) This section applies to a first class school
district only if the question under section 410 is not approved in
the first class school district.
(2) Four members of the board of a first class school district
shall be elected at large. The following provisions apply to the
terms, nomination, and election of the at large members of the
board of a school district organized as a first class school
district:
(a)
Four Except as otherwise
provided in this subdivision, 4
members shall be elected for a term of 4 years at the general
election to be held in the next November after the question under
section 410 is presented to the school electors of the first class
school district and every 4 years after that November. Beginning in
2012, the 4 at-large members shall be elected for a term of 4 years
at each November general election in which there is an election for
president of the United States. The term of office of an at-large
member who is serving as of the effective date of the amendatory
act that added this sentence ends on January 1, 2013.
(b) Each candidate shall be nominated at a primary held in
conjunction with the preceding primary election conducted pursuant
to section 534 of the Michigan election law, 1954 PA 116, MCL
168.534. The nominating petitions shall contain not less than 500
or more than 1,000 signatures of registered school electors of the
city in which the first class school district is located; shall
meet the requirements of section 544c of the Michigan election law,
1954 PA 116, MCL 168.544c; and shall be filed with the clerk of the
city in which the first class school district is located on or
before 4 p.m. of the twelfth Tuesday before the primary election.
The city clerk may compare the signatures on the petitions with the
signatures appearing on the registration records, or in some other
proper manner determine whether the signatures appearing on the
petition are genuine and comply with the requirements of this
section. With the petitions, a candidate shall file an affidavit as
provided in section 558 of the Michigan election law, 1954 PA 116,
MCL 168.558. The clerk of the city shall notify the county clerk of
the name and address of each candidate not later than 3 days after
the last day for candidate withdrawal. However, if the third day is
a Saturday, Sunday, or legal holiday, the notice may be made on the
next day that is not a Saturday, Sunday, or legal holiday.
(c) Each member shall commence his or her term of office on
January 1 following his or her election.
(3) The board of a first class school district shall elect its
officers during the month of January following the election of
board members. The president of the board shall be a member of the
board, and the duties of the president shall be determined by the
board.
(4) A board member of a first class school district who is
recalled may be a candidate for the same office at the next
election for an office at which the recalled member is otherwise
eligible.
(5) The term of office of each board member serving in a
school district that becomes a first class school district after
April 15, 2004 expires on the next succeeding December 31 of an
even numbered year, except that if the school district becomes a
first class school district later than April 1 of an even numbered
year, the term of office of each board member expires on December
31 of the next succeeding even numbered year after the year in
which the district became a first class school district. For a
district becoming a first class school district after April 15,
2004, 4 school board members shall be elected in the general
election of the even numbered year in which the terms of office
expire, and the 4 school board members elected shall commence 4-
year terms on January 1 of the odd numbered year following the
general election.
(6) If a vacancy occurs on the first class school district
board from among the at large members, the vacancy shall be filled
by majority vote of the remaining first class school district board
members at a meeting called by the president of the board for that
purpose. If a person is appointed to fill a vacancy for which the
unexpired term is more than 1 year and 8 months, that person shall
serve until January 1 following the next general election. At that
first general election the vacancy shall be filled for the
unexpired term. A vacancy shall not be filled later than 60 days
before a primary election at which at large board members are to be
nominated.
(7) A candidate for the office of board member at large or a
person appointed to fill a vacancy on the board pursuant to
subsection (6) shall be 18 years of age or older at the time of his
or her election or appointment and shall be a registered school
elector residing in the first class school district in which the
person becomes a candidate or which the person is appointed to
represent. If an at large member's residence is moved from the
first class school district during the at large member's term of
office, it constitutes a vacating of office.
Sec. 412a. (1) This section applies to a first class school
district only if the question under section 410 is not approved in
the first class school district.
(2) In the next November general election after the question
under section 410 is presented to the school electors of the first
class school district, 7 members of the board of a first class
school district shall be elected by voting districts for an initial
term
of 2 years. At Except as
otherwise provided in this
subdivision, at the November general election held 2 years after
that election and every 4 years thereafter, 7 members of the board
shall be elected by voting districts for a term of 4 years. Each
member shall represent a voting district described in section 404b.
Beginning in 2012, the 7 members elected by voting districts shall
be elected for a term of 4 years at each November general election
in which there is an election for president of the United States.
The term of office of a member elected by voting district who is
serving as of the effective date of the amendatory act that added
this sentence ends on January 1, 2013.
(3) The members shall be nominated and elected by the
registered school electors of each voting district in the manner
provided by law for the nomination and election of the first class
school board members elected at large, except that the number of
signatures required on nominating petitions of a candidate for
election as a representative of a voting district shall be not less
than 250 or more than 500. A signature on a nominating petition is
not valid unless the petitioner is a registered school elector of
the voting district in which the candidate is running for election.
Not more than 2 candidates shall be nominated at the primary
election for each voting district.
(4) Candidates shall be nominated at a primary held in
conjunction with the preceding primary election conducted pursuant
to section 534 of the Michigan election law, 1954 PA 116, MCL
168.534. Nominating petitions shall meet the requirements of
section 544c of the Michigan election law, 1954 PA 116, MCL
168.544c, and shall be filed with the clerk of the city in which
the first class school district is located on or before 4 p.m. of
the twelfth Tuesday preceding the primary election. The city clerk
may compare the signatures on the petitions with the signatures
appearing on the registration records, or in some other proper
manner determine whether the signatures appearing on the petitions
are genuine and comply with the requirements of this section. With
the petitions, a candidate shall file an affidavit as provided in
section 558 of the Michigan election law, 1954 PA 116, MCL 168.558.
(5) The 7 board members elected to represent the voting
districts shall commence their terms of office on January 1
following the election.
(6) A candidate for the office of board member representing a
voting district or a person appointed to fill a vacancy pursuant to
subsection (7) shall be 18 years of age or older at the time of his
or her election or appointment and shall be a registered school
elector residing in the voting district in which the person becomes
a candidate or which the person is appointed to represent. If a
voting district member's residence is moved from the voting
district during the voting district member's term of office, this
constitutes a vacating of office.
(7) If a vacancy occurs on the first class school district
board from among the voting district members, the vacancy shall be
filled from among registered school electors of the voting district
by majority vote of the remaining first class school district board
members. If a person is appointed to fill a vacancy in a voting
district for which the unexpired term is more than 1 year and 8
months, that person shall serve until January 1 following the next
general election. At that next general election the vacancy shall
be filled for the unexpired term. A vacancy shall not be filled
later than 60 days before a primary election at which voting
district board members are to be nominated.
Sec. 416. (1) This section applies to a first class school
district only if the question under section 410 is not approved in
the first class school district.
(2) The officers of the first class school district board
shall
be a president, vice-president vice
president, secretary, and
treasurer.
Subject to subsection (7) subsections
(7) and (8), the
board, a majority of which constitutes a quorum, shall elect its
president
and vice-president vice
president biennially from among
the members of the board. In case of a vacancy in the office of
president,
the vice-president vice president
shall succeed to the
office of president for the balance of the unexpired term. The
secretary and treasurer shall be appointed by the board but shall
not be members of the board and shall receive a salary fixed by the
board.
(3)
The president, vice-president vice
president, and
secretary shall perform the duties prescribed by the bylaws and
regulations of the board. The duties of the treasurer shall be
determined by the school district general superintendent, as
approved by the board.
(4) The officers of the board who in the discharge of the
duties of their respective positions handle funds belonging to the
first class school district shall be required to give bonds for the
faithful performance of their duties in accordance with the bylaws
and regulations of the board. The premium of the bonds shall be
paid from the funds of the board.
(5) The school district treasurer shall have the custody of
all money belonging to the school district and shall pay out money
pursuant to section 433. The funds shall be deposited with
depositories selected by the board, and the interest derived shall
be paid into the general fund of the board.
(6) The board shall require from the school district treasurer
a separate bond of not less than $200,000.00 to protect the funds
of the board.
(7) All of the following apply to the board members elected by
the board in 2006 as president and vice president of the board:
(a) The initial term as president and vice president for each
of those board members is continued until a successor is elected by
the board for each in January of 2008.
(b)
Successors Subject to
subsection (8), successors for each
of those officers as described in subdivision (a) shall be elected
biennially by the board as provided under subsection (2).
(8) All of the following apply to the board members elected by
the board in 2012 as president and vice president of the board:
(a) The term as president and vice president for each of those
board members ends when a successor is elected by the board for
each in January of 2013.
(b) Successors for each of those officers as described in
subdivision (a) shall be elected biennially by the board as
provided under subsection (2).