ISD PROPERTY TRANSFER REQUEST - S.B. 143 (S-1): FLOOR ANALYSIS

Senate Bill 143 (Substitute S-1 as reported)

Sponsor: Senator Loren Bennett

Committee: Education


CONTENT


The bill would amend the Revised School Code to allow an intermediate school board, within 60 days after receiving a resolution or petition for the transfer of territory from one district to another, to refer the resolution or petition directly to the Superintendent of Public Instruction. Currently, property transfer decisions are made by intermediate school boards (unless a vote of the electors is required) and may be appealed to the Superintendent. The bill also would extend the time allowed for bringing an appeal. In addition, the bill would refer to a territory's "taxable value", rather than "assessed valuation", in provisions requiring a vote of school electors.


(Under the Code, an intermediate school board may detach territory from one school district and attach it to another school district if requested to do so by resolution of the board of a school district whose boundaries would be changed by the action, or by resolution of the board of a condominium association acting on a petition signed by at least two-thirds of the co-owners of the association residing on the land to be transferred; or if petitioned by at least two-thirds of the people who own and reside on the land to be transferred. The territory to be detached must be contiguous to the school district to which it is attached. The intermediate school board must take final action within 60 days after receiving the resolution or petition.


If the latest assessed valuation of the territory to be detached is more than 10% of the latest assessed valuation of the entire school district containing that territory, the action of the intermediate school board is not effective unless approved by an affirmative vote of a majority of the school electors of the school district from which the territory is to be detached.)


MCL 380.951 et al. - Legislative Analyst: L. Arasim


FISCAL IMPACT


If an intermediate school district directly referred a property transfer resolution or petition to the Superintendent of Public Instruction, there would be some administrative costs to the State Department of Education associated with hearing the matter as a contested case under Chapter 4 of the Administrative Procedures Act.


The bill would have no fiscal impact on local government.


Date Completed: 5-2-01 - Fiscal Analyst: K. Summers-CotyFloor\sb143 - Bill Analysis @ http://www.senate.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.