May 7, 2015, Introduced by Reps. Jacobsen and Brett Roberts and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1263 (MCL 380.1263), as amended by 2006 PA 276.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1263. (1) The board of a school district shall not build
a school upon a site without having prior title in fee to the site,
a lease for not less than 99 years, or a lease for not less than 50
years from the United States government, or this state, or a
political subdivision of this state.
(2) The board of a school district shall not build a frame
school on a site for which it does not have a title in fee or a
lease for 50 years without securing the privilege of removing the
school.
(3) The governing board of a public school shall not design or
build a school building to be used for instructional or
noninstructional school purposes or design and implement the design
for a school site unless the design or construction is in
compliance with 1937 PA 306, MCL 388.851 to 388.855a. The
superintendent of public instruction has sole and exclusive
jurisdiction over the review and approval of plans and
specifications for the construction, reconstruction, or remodeling
of school buildings used for instructional or noninstructional
school purposes and, subject to subsection (4), of site plans for
those school buildings. For all purposes under state and local law,
real property owned or leased by the governing board of a public
school is considered exempt and immune from local zoning and is
considered to be "nonzoned" or "unzoned" property of a mixed public
and commercial use for state and local zoning purposes regardless
of the local zoning classification that might otherwise apply.
(4) Unless the site is located within a city or village, the
governing board of a public school shall not build or expand a high
school building on a site without first submitting the site plan to
the local zoning authority for administrative review as provided
under this subsection. Not later than 60 days after receiving the
site plan, the local zoning authority shall respond to the
governing board with either a written notice that the local zoning
authority concurs with the site plan or with written suggested
changes to the site plan. If the local zoning authority does not
respond to the governing board with either of these options, the
governing board shall be considered to have received a written
notice of concurrence from the local zoning authority. If there are
written suggested changes, then not later than 45 days after
receiving the written suggested changes, the governing board shall
respond to the local zoning authority with a revised site plan that
incorporates the changes or with an explanation of why the changes
are not being made. This subsection applies to expansion of a high
school building only if the expansion will result in the square
footage of the high school building being increased by at least
20%. This subsection does not apply to temporary structures or
facilities that are necessary due to unexpected enrollment
increases and that are used for not more than 2 years.
(5) If mutually agreed by the governing board and the local
zoning authority, the time periods in subsection (4) may be
extended.
(6) The communication required under subsection (4) between a
governing board and a local zoning authority is for informational
purposes only and does not require the governing board to make any
changes in its site plan. Once the process prescribed under
subsection (4) is complete, this section does not require any
further interaction between the governing board and a local zoning
authority.
(7) A local zoning authority shall not charge a governing
board a fee for the process prescribed under subsection (4) that
exceeds $250.00 for an administrative review or $1,500.00 for total
costs incurred by a local zoning authority under subsection (4) for
the specific project involved.
(8) As used in this section:
(a) "High school building" means any structure or facility
that is used for instructional purposes, that offers at least 1 of
grades 9 to 12, and that includes an athletic field or facility.
(b) "Local zoning authority" means the zoning authority for
the jurisdiction in which the construction or expansion of a high
school building is to occur.
(c) "School building" means any structure or facility that is
used for an instructional or noninstructional school purpose and is
located on real property owned or leased by the governing board of
a public school.
(d) "School purpose" means any purpose that may provide a
benefit to a public school or its governing board, including, but
not limited to, a benefit of a commercial or financial nature.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.