SENATE BILL No. 438
May 1, 2001, Introduced by Senators STEIL, HAMMERSTROM, BENNETT, MC MANUS, SHUGARS and SIKKEMA and referred to the Committee on Government Operations.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 4, 5, 6, 11a, 503, 613, 616, 617, 661, 681,
687, 690, 701, 702, 703, 705, 856, 857, 858, 859, 860, 861, 931,
932, 945, 1212, 1216, 1351, 1361, 1451, 1722, and 1732
(MCL 380.4, 380.5, 380.6, 380.11a, 380.503, 380.613, 380.616,
380.617, 380.661, 380.681, 380.687, 380.690, 380.701, 380.702,
380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.860,
380.861, 380.931, 380.932, 380.945, 380.1212, 380.1216, 380.1351,
380.1361, 380.1451, 380.1722, and 380.1732), section 5 as amended
by 1999 PA 23, sections 6, 503, 687, and 690 as amended and
section 11a as added by 1995 PA 289, section 617 as amended by
1989 PA 268, sections 681, 705, and 1451 as amended by 1994
PA 258, section 703 as amended by 1981 PA 87, sections 857 and
858 as amended by 1992 PA 263, section 945 as added by 1984
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PA 154, section 1212 as amended by 1993 PA 312, section 1216 as
amended by 1992 PA 236, and section 1351 as amended by 1997 PA
152, and by adding sections 629a, 1206, and 1351c; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) "Educational media center" means a program
2 operated by an intermediate school district and approved by the
3 state board,
which THAT
provides services
to local school
dis-
4 tricts or constituent districts under section 671.
5 (2) "Handicapped person" shall be defined by rules promul-
6 gated by the state board. Handicaps include, but are not limited
7 to, mental, physical, emotional, behavioral, sensory, and speech
8 handicaps.
9 (3) "Intermediate school board" means the board of an inter-
10 mediate school district.
11 (4) "Intermediate school district" means a corporate body
12 established under part 7.
13 (5) "Intermediate school district election" means an elec-
14 tion called by an intermediate school board and held on the date
15 of the annual
REGULAR school
elections of
constituent
districts
16 or on a date determined by the intermediate school board under
17 sections
SECTION 661. and
662.
18 (6) "Intermediate school elector" means a person who is a
19 school elector of a constituent district and who is registered in
20 the city or township in which the person resides.
21 (7) "Intermediate superintendent" means the superintendent
22 of an intermediate school district.
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1 Sec. 5. (1) "Local act school district" or "special act
2 school district" means a district governed by a special or local
3 act or chapter of a local act. "Local school district" and
4 "local school district board" as used in article 3 include a
5 local act school district and a local act school district board.
6 (2) "Membership" means the number of full-time equivalent
7 pupils in a public school as determined by the number of pupils
8 registered for attendance plus pupils received by transfer and
9 minus pupils
lost as defined by
rules promulgated
by the state
10 board
SUPERINTENDENT OF
PUBLIC INSTRUCTION.
11 (3) "MICHIGAN ELECTION LAW" MEANS THE MICHIGAN ELECTION LAW,
12 1954 PA 116, MCL 168.1 TO 168.992.
13 (4) (3)
"Nonpublic school"
means a private,
denomination-
14 al, or parochial school.
15 (5) (4)
"Objectives" means
measurable pupil
academic
16 skills and knowledge.
17 (6) (5)
"Public school"
means a public
elementary or sec-
18 ondary educational entity or agency that is established under
19 this act, has as its primary mission the teaching and learning of
20 academic and vocational-technical skills and knowledge, and is
21 operated by a school district, local act school district, special
22 act school district, intermediate school district, public school
23 academy corporation, strict discipline academy corporation, or by
24 the department or state board. Public school also includes a
25 laboratory school or other elementary or secondary school that is
26 controlled and operated by a state public university described in
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1 section 4, 5, or 6 of article VIII of the state constitution of
2 1963.
3 (7) (6)
"Public school
academy" means a
public school
4 academy established under part 6a and, except as used in part 6a,
5 also includes a strict discipline academy established under sec-
6 tions 1311b to 1311l.
7 (8) (7)
"Pupil membership
count day" of a
school district
8 means that term as defined in section 6 of the state school aid
9 act of 1979, MCL 388.1606.
10 (9) "REGULAR SCHOOL ELECTION" OR "REGULAR ELECTION" MEANS
11 THE ELECTION HELD IN A SCHOOL DISTRICT, LOCAL ACT SCHOOL DIS-
12 TRICT, OR INTERMEDIATE SCHOOL DISTRICT ON THE FIRST TUESDAY FOL-
13 LOWING THE FIRST MONDAY OF NOVEMBER IN EACH ODD NUMBERED YEAR.
14 (10) (8)
"Reorganized
intermediate school
district" means
15 an intermediate school district formed by consolidation or annex-
16 ation of 2 or more intermediate school districts under sections
17 701 and 702.
18 (11) (9)
"Rule" means a rule
promulgated
pursuant to the
19 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
20 24.328.
21 Sec. 6. (1) "School district" or "local school district"
22 means a general powers school district organized under this act,
23 regardless of previous classification, or a school district of
24 the first class.
25 (2) "School elector" means a person qualified as an elector
26 under section
492 of the Michigan
election law, Act
No. 116 of
27 the Public Acts
of 1954, being
section 168.492 of
the Michigan
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1 Compiled Laws,
registered as
provided in part 12
MCL 168.492,
2 and resident of the school district, local act school district,
3 or intermediate school district on or before the thirtieth day
4 before the next
ensuing annual
REGULAR or special
school
5 election.
6 (3) "School month" means a 4-week period of 5 days each
7 unless otherwise specified in the teacher's contract.
8 (4) "Special education building and equipment" means a
9 structure or portion of a structure or personal property accept-
10 ed, leased, purchased, or otherwise acquired, prepared, or used
11 for special education programs and services.
12 (5) "Special education personnel" means persons engaged in
13 and having professional responsibility for the training, care,
14 and education of handicapped persons in special education pro-
15 grams and services including, but not limited to, teachers,
16 aides, school social workers, diagnostic personnel, physical
17 therapists, occupational therapists, audiologists, teachers of
18 speech and language, instructional media-curriculum specialists,
19 mobility specialists, teacher consultants, supervisors, and
20 directors.
21 (6) "Special education programs and services" means educa-
22 tional and training services designed for handicappers and oper-
23 ated by local school districts, local act school districts,
24 intermediate school districts, the Michigan school for the blind,
25 the Michigan school for the deaf, the department of mental
26 health, the department of social services, or a combination
27 thereof, and ancillary professional services for handicappers
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1 rendered by agencies approved by the state board. The programs
2 shall include vocational training, but need not include academic
3 programs of college or university level.
4 (7) "SPECIAL SCHOOL ELECTION" OR "SPECIAL ELECTION" MEANS AN
5 ELECTION HELD IN A SCHOOL DISTRICT AT A DATE OTHER THAN THE REGU-
6 LAR SCHOOL ELECTION AND AS PROVIDED UNDER SECTION 315 OF THE
7 MICHIGAN ELECTION LAW, MCL 168.315.
8 (8) (7)
"State approved
nonpublic school"
means a nonpub-
9 lic school that
complies with Act
No. 302 of the
Public Acts of
10 1921, being
sections 388.551 to
388.558 of the
Michigan Compiled
11 Laws 1921
PA
302, MCL 388.551 TO
388.558.
12 (9) (8)
"State board" means
the state board of
education
13 unless clearly otherwise stated.
14 (10) (9)
"Department" means
the department of
education
15 created and operating under sections 300 to 305 of the executive
16 organization act
of 1965, Act No.
380 of the Public
Acts of
17 1965, being
sections 16.400 to
16.405 of the
Michigan Compiled
18 Laws 1965
PA
380, MCL 16.400 TO
16.405.
19 (11) (10)
"State school aid"
means allotments
from the
20 general appropriating act for the purpose of aiding in the sup-
21 port of the public schools of the state.
22 (12) (11)
"The state school
aid act of 1979"
means Act
23 No. 94 of the
Public Acts of
1979, being
sections 388.1601
to
24 388.1772 of the
Michigan Compiled
Laws THE STATE
SCHOOL AID ACT
25 OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1772.
26 Sec. 11a.
(1) Beginning on
the effective date
of this
27 section
JULY 1,
1996, each school
district formerly
organized as
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1 a primary school district or as a school district of the fourth
2 class, third class, or second class shall be a general powers
3 school district under this act.
4 (2)
Beginning on the
effective date of
this section JULY
5 1, 1996, a school district operating under a special or local act
6 shall operate as a general powers school district under this act
7 except to the extent that the special or local act is inconsis-
8 tent with this act. Upon repeal of a special or local act that
9 governs a school district, that school district shall become a
10 general powers school district under this act.
11 (3) A general powers school district has all of the rights,
12 powers, and duties expressly stated in this act; may exercise a
13 power implied or incident to any power expressly stated in this
14 act; and, except as provided by law, may exercise a power inci-
15 dental or appropriate to the performance of any function related
16 to operation of the school district in the interests of public
17 elementary and secondary education in the school district,
18 including, but not limited to, all of the following:
19 (a) Educating pupils. In addition to educating pupils in
20 grades K-12, this function may include operation of preschool,
21 lifelong education, adult education, community education, train-
22 ing, enrichment, and recreation programs for other persons.
23 (b) Providing for the safety and welfare of pupils while at
24 school or a school sponsored activity or while en route to or
25 from school or a school sponsored activity.
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1 (c) Acquiring, constructing, maintaining, repairing,
2 renovating, disposing of, or conveying school property,
3 facilities, equipment, technology, or furnishings.
4 (d) Hiring, contracting for, scheduling, supervising, or
5 terminating employees, independent contractors, and others to
6 carry out school district powers. A school district may indem-
7 nify its employees.
8 (e) Receiving, accounting for, investing, or expending
9 school district money; borrowing money and pledging school dis-
10 trict funds for repayment; and qualifying for state school aid
11 and other public or private money from local, regional, state, or
12 federal sources.
13 (4) A general powers school district may enter into agree-
14 ments or cooperative arrangements with other entities, public or
15 private, or join organizations as part of performing the func-
16 tions of the school district.
17 (5) A general powers school district is a body corporate and
18 shall be governed by a school board. An act of a school board is
19 not valid unless approved, at a meeting of the school board, by a
20 majority vote of the members lawfully serving on the board.
21 (6) The board of a general powers school district shall
22 adopt bylaws. These bylaws may establish or change board proce-
23 dures, the number of board officers, titles and duties of board
24 officers, and any other matter related to effective and efficient
25 functioning of the board. Regular meetings of the board shall be
26 held at least once each month, at the time and place fixed by the
27 bylaws. Special meetings may be called and held in the manner
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1 and for the purposes specified in the bylaws. Board procedures,
2 bylaws, and policies in effect on the effective date of this sec-
3 tion shall continue in effect until changed by action of the
4 board.
5 (7) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT SHALL HOLD
6 ITS REGULAR SCHOOL ELECTION ON THE FIRST TUESDAY AFTER THE FIRST
7 MONDAY OF NOVEMBER IN EACH ODD NUMBERED YEAR.
8 (8) (7)
The board of a
school district
shall be elected as
9 provided under
this act and the
Michigan election
law. , Act
10 No. 116 of the
Public Acts of
1954, being
sections 168.1 to
11 168.992 of the
Michigan Compiled
Laws. The number
of members of
12 the board of a
general powers
school district
and the term of
13 office for a
board member of a
general powers
school district
14 shall remain the
same as they were
for that school
district
15 before the
effective date of
this section unless
either or both
16 are JULY 1,
1996 UNLESS changed
by the school
electors of the
17 school district at a regular or special SCHOOL election. A prop-
18 osition for
changing the number
of board members
or term of
19 office may
be
placed on the
ballot by action of
the board or by
20 petition
submitted by school
electors as
provided under
this
21 act
CHAPTER XIV
OF THE MICHIGAN
ELECTION LAW.
22 (8) On the
effective date of
this section, the
board of
23 each school
district shall
continue to be the
board of the school
24 district and to
function in that
capacity. A person
lawfully
25 serving on the
effective date of
this act as a
member of the
26 board of a
school district
shall continue to
be a member of the
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1 board and shall
continue in office
for the remainder
of the term
2 for which the
person was elected
or appointed.
3 (9) MEMBERS OF THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT
4 SHALL BE ELECTED BY THE SCHOOL ELECTORS FOR TERMS OF 4 YEARS. AT
5 EACH REGULAR SCHOOL ELECTION, MEMBERS OF THE BOARD SHALL BE
6 ELECTED TO FILL THE POSITIONS OF THOSE WHOSE TERMS WILL EXPIRE.
7 THE TERM OF OFFICE SHALL COMMENCE ON JANUARY 1 AND CONTINUE UNTIL
8 A SUCCESSOR IS ELECTED AND QUALIFIED.
9 (10) THE BOARD OF A GENERAL POWERS SCHOOL DISTRICT MAY
10 SUBMIT TO THE SCHOOL ELECTORS OF THE SCHOOL DISTRICT A MEASURE,
11 PROPOSITION, OR QUESTION THAT IS WITHIN THE SCOPE OF THE POWERS
12 OF THE SCHOOL ELECTORS AND THAT THE BOARD CONSIDERS JUST AND
13 PROPER FOR THE PROPER MANAGEMENT OR CONDUCT OF THE SCHOOL SYSTEM
14 OR THE ADVANCEMENT OF EDUCATION IN THE SCHOOLS OF THE SCHOOL
15 DISTRICT. UPON THE ADOPTION OF A MEASURE OR QUESTION BY THE
16 BOARD, THE BOARD SHALL SUBMIT THE MEASURE OR QUESTION TO THE
17 SCHOOL ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT ENSUING REGU-
18 LAR SCHOOL ELECTION OR AT A SPECIAL ELECTION.
19 (11) A SPECIAL ELECTION MAY BE CALLED BY THE BOARD OF A GEN-
20 ERAL POWERS SCHOOL DISTRICT AS PROVIDED UNDER CHAPTER XIV OF THE
21 MICHIGAN ELECTION LAW.
22 (12) (9)
Unless expressly
provided in the
amendatory act
23 that added this
section 1995 PA
289, the powers of
a school
24 board or school district are not diminished by this section or by
25 the amendatory
act that added this
section 1995 PA
289.
26 (13) (10)
A school district
operating a public
library,
27 public museum,
or community
recreational
facility as of the
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1 effective date
of the amendatory
act that added this
section
2 JULY 1, 1996 may continue to operate the public library, public
3 museum, or community recreational facility.
4 Sec. 503. (1) An authorizing body is not required to issue
5 a contract to any person or entity. Public school academy con-
6 tracts shall be issued on a competitive basis taking into consid-
7 eration the resources available for the proposed public school
8 academy, the population to be served by the proposed public
9 school academy, and the educational goals to be achieved by the
10 proposed public school academy.
11 (2) If a person or entity applies to the board of a school
12 district for a contract to organize and operate 1 or more public
13 school academies within the boundaries of the school district and
14 the board does not issue the contract, the person or entity may
15 petition the board to place the question of issuing the contract
16 on the ballot to be decided by the school electors of the school
17 district. The petition shall contain all of the information
18 required to be
in the contract
application under
section 502(3)
19 502 and shall be signed by a number of school electors of the
20 school district equal to at least 15% of the total number of
21 school electors of that school district. The petition shall be
22 filed with the secretary of the board. If the board receives a
23 petition meeting the requirements of this subsection, the board
24 shall place the question of issuing the contract on the ballot at
25 its next annual
REGULAR school
election held at
least 60 days
26 after receiving the petition. If a majority of the school
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1 electors of the school district voting on the question vote to
2 issue the contract, the board shall issue the contract.
3 (3) Within 10 days after issuing a contract for a public
4 school academy,
the board of the
authorizing body
shall submit
5 to the state
board
SUPERINTENDENT OF
PUBLIC INSTRUCTION
a copy
6 of the contract and of the application under section 502.
7 (4) An authorizing body shall adopt a resolution establish-
8 ing the method of selection, length of term, and number of mem-
9 bers of the board of directors of each public school academy
10 subject to its jurisdiction.
11 (5) A contract issued to organize and administer a public
12 school academy shall contain at least all of the following:
13 (a) The educational goals the public school academy is to
14 achieve and the methods by which it will be held accountable. To
15 the extent applicable, the pupil performance of a public school
16 academy shall be assessed using at least a Michigan education
17 assessment program (MEAP) test or an assessment instrument devel-
18 oped under
section 1279. for
a state-endorsed
high school
19 diploma.
20 (b) A description of the method to be used to monitor the
21 public school academy's compliance with applicable law and its
22 performance in meeting its targeted educational objectives.
23 (c) A description of the process for amending the contract
24 during the term of the contract.
25 (d) All of the matters set forth in the application for the
26 contract.
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1 (e) For a public school academy authorized by a school
2 district, an agreement that employees of the public school
3 academy will be covered by the collective bargaining agreements
4 that apply to employees of the school district employed in simi-
5 lar classifications in schools that are not public school
6 academies.
7 (f) Procedures for revoking the contract and grounds for
8 revoking the contract, including at least the grounds listed in
9 section 507.
10 (g) A description of and address for the proposed physical
11 plant in which the public school academy will be located.
12 (h) Requirements and procedures for financial audits. The
13 financial audits shall be conducted at least annually by a certi-
14 fied public accountant in accordance with generally accepted gov-
15 ernmental auditing principles.
16 (6) A public school academy shall comply with all applicable
17 law, including all of the following:
18 (a) The
open meetings act,
Act No. 267 of the
Public Acts
19 of 1976, being
sections 15.261 to
15.275 of the
Michigan Compiled
20 Laws 1976
PA
267, MCL 15.261 TO
15.275.
21 (b) The
freedom of
information act,
Act No. 442 of the
22 Public Acts of
1976, being
sections 15.231 to
15.246 of the
23 Michigan
Compiled Laws 1976
PA 442, MCL 15.231
TO 15.246.
24 (c) Act
No. 336 of the
Public Acts of
1947, being
25 sections 423.201
to 423.217 of the
Michigan Compiled
Laws 1947
26 PA 336, MCL 423.201 TO 423.217.
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1 (d) Act
No. 166 of the
Public Acts of
1965, being
2 sections 408.551
to 408.558 of the
Michigan Compiled
Laws 1965
3 PA 166, MCL 408.551 TO 408.558.
4 (e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and
5 1274.
6 (7) A public school academy and its incorporators, board
7 members, officers, employees, and volunteers have governmental
8 immunity as
provided in section
7 of Act No. 170
of the Public
9 Acts of 1964,
being section
691.1407 of the
Michigan Compiled
10 Laws 1964
PA
170, MCL 691.1407.
An authorizing body
and its
11 board members, officers, and employees are immune from civil
12 liability, both personally and professionally, for any acts or
13 omissions in authorizing a public school academy if the authoriz-
14 ing body or the person acted or reasonably believed he or she
15 acted within the authorizing body's or the person's scope of
16 authority.
17 (8) A public school academy is exempt from all taxation on
18 its earnings and property. Instruments of conveyance to or from
19 a public school academy are exempt from all taxation including
20 taxes imposed by
Act No. 134 of the
Public Acts of
1966, being
21 sections 207.501
to 207.513 of the
Michigan Compiled
Laws 1966
22 PA 134, MCL 207.501 TO 207.513. A public school academy may not
23 levy ad valorem property taxes or any other tax for any purpose.
24 However, operation of 1 or more public school academies by a
25 school district or intermediate school district does not affect
26 the ability of the school district or intermediate school
27 district to levy ad valorem property taxes or any other tax.
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1 (9) A public school academy may acquire by purchase, gift,
2 devise, lease, sublease, installment purchase agreement, land
3 contract, option, or by any other means, hold and own in its own
4 name buildings and other property for school purposes, and inter-
5 ests therein, and other real and personal property, including,
6 but not limited to, interests in property subject to mortgages,
7 security interests, or other liens, necessary or convenient to
8 fulfill its purposes. For the purposes of condemnation, a public
9 school academy may proceed under the uniform condemnation proce-
10 dures act, Act
No. 87 of the
Public Acts of
1980, being
sections
11 213.51 to 213.77
of the Michigan
Compiled Laws 1980
PA 87, MCL
12 213.51 TO
213.75, excluding
sections 6 to 9 of
that act, being
13 sections 213.56
to 213.59 of the
Michigan Compiled
Laws MCL
14 213.56 TO 213.59, or other applicable statutes, but only with the
15 express, written permission of the authorizing body in each
16 instance of condemnation and only after just compensation has
17 been determined and paid.
18 Sec. 613. The intermediate school board shall meet annually
19 on or before the
fourth Monday of
July JANUARY and
shall orga-
20 nize by electing a president, a vice-president, a secretary, and
21 a treasurer. The president and vice-president shall be members
22 of the intermediate school board, but the secretary and treasurer
23 need not be. The officers shall perform duties provided by law
24 and prescribed by the policies and regulations of the intermedi-
25 ate school board not inconsistent with this part or other laws of
26 the state. The treasurer shall post with the secretary a bond in
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1 an amount approved by the intermediate school board, conditioned
2 upon the faithful performance of the treasurer's duties.
3 Sec. 616. (1) An intermediate school board may submit to
4 the school electors of the constituent districts comprising the
5 intermediate school district the question of adoption of sections
6 615 to 617. The question shall be in substantially the following
7 form:
8 "Shall
sections 615 to 617
of the REVISED
school code, of
9 1976, as
amended, providing
for the popular
election of members
10 of the intermediate school board be effective within the constit-
11 uent districts of __________ (name of intermediate school
12 district)?
13 Yes ( )
14 No ( )"
15 (2) The intermediate school board shall submit the question
16 upon receipt of resolutions adopted by a majority of the boards
17 of constituent districts and representing more than 1/2 of the
18 combined memberships of the constituent districts of the interme-
19 diate school district as of the latest pupil membership count
20 day. The resolutions of the constituent district boards shall be
21 adopted between
December MARCH 1
and the next
succeeding
22 March
JULY 1.
The question shall
be presented to the
school
23 electors of the
constituent
districts at the
next annual
24 REGULAR SCHOOL election after resolutions of constituent district
25 boards meeting the requirements of this section have been filed
26 with the secretary of the intermediate school board.
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1 (3) If a majority of the school electors votes in favor of
2 popular election, members of the intermediate school board shall
3 be elected at
the next annual
REGULAR SCHOOL
election and bien-
4 nially
thereafter at the
annual REGULAR
school elections of
the
5 constituent
districts. If a
constituent
district holds its
6 annual election
on a date other
than the second
Monday in June,
7 an election for
the purpose of
choosing members of
the intermedi-
8 ate school board
shall be held in
that district on
the second
9 Monday in June.
10 (4) An
intermediate school
district which
THAT adopts sec-
11 tions 615 to 617
may in the same
manner terminate
the popular
12 election of members of the intermediate school board IN THE SAME
13 MANNER.
14 Sec. 617.
(1) In an
intermediate school
district in which
15 sections 615 to 617 are effective, a candidate for the office of
16 member of the
intermediate school
board shall be
nominated, by
17 filing
nominating
petitions and an
affidavit AND
MEMBERS SHALL
18 BE ELECTED, as
provided in
section 558 UNDER
CHAPTER XIV of the
19 Michigan
election law. ,
Act No. 116 of the
Public Acts of
20 1954, being
section 168.558 of
the Michigan
Compiled Laws, with
21 the secretary of
the board of the
intermediate school
district
22 before 4 p.m. of
the ninth Monday
before the
election.
23 (2) The
nominating
petitions shall be
in the form
provided
24 in section 1066.
Nominating
petitions shall
contain signatures
25 of school
electors who are
registered to vote
in the city or
26 township in
which they reside
equal in number to
not less than
27 1.5% of the
combined pupil
memberships of the
constituent
00531'01 *
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1 districts on the
latest pupil
membership count
day. A candidate
2 is not required
to file signatures
of more than 5,000
voters.
3 Each sheet of
the petition shall
be circulated in 1
city or town-
4 ship
only.
5 (3) Within
14 days after the
last date for
filing, the sec-
6 retary of the
intermediate school
board shall certify
the names
7 and addresses of
those candidates
whose petitions are
found to be
8 sufficient to
the secretaries of
the boards of the
constituent
9 districts. The
secretary of the
intermediate school
board shall
10 certify the
number to be
elected. The
secretary of the
interme-
11 diate school
board shall notify
the county clerk of
the names and
12 addresses of the
candidates not
later than 3 days
after the last
13 day for
candidate
withdrawal.
However, if the
third day is a
14 Saturday,
Sunday, or legal
holiday, the notice
may be sent on the
15 next day that is
not a Saturday,
Sunday, or legal
holiday.
16 (4) The
intermediate school
board shall provide
ballots for
17 the election of
members of the
intermediate school
board and dis-
18 tribute the
ballots to the
secretaries of each
of the constituent
19 districts not
less than 20 days
before the annual
school
20
elections.
21 (5) At the
first election, 3
members of an
intermediate
22 school board
shall be elected
for a term of 6
years, 2 for a term
23 of 4 years, and
2 for a term of 2
years. After the
first elec-
24 tion, their
successors shall be
elected biennially
for terms of 6
25
years.
26 (6) The
intermediate school
board of an
intermediate school
27 district
adopting sections
615 to 617 shall
fill a vacancy in
the
00531'01 *
19
1 board's
membership by
appointing a member
to serve until the
next
2 biennial
election, at which
time a member shall
be elected for
3 the balance of
the unexpired term.
4 SEC. 629A. IN ADDITION TO ALL OTHER REQUIREMENTS UNDER LAW
5 FOR ISSUANCE OF BONDS UNDER THIS ACT, AN INTERMEDIATE SCHOOL DIS-
6 TRICT SHALL NOT ISSUE BONDS UNDER ANY SECTION OF THIS ACT UNLESS
7 THE LANGUAGE ON THE BALLOT USED IN SUBMITTING THE QUESTION OF
8 ISSUING THE BONDS INCLUDES THE ESTIMATED ANNUAL COST TO THE
9 INTERMEDIATE SCHOOL DISTRICT OF REPAYING THE BONDS, EXPRESSED
10 BOTH PER PUPIL AND PER CLASSROOM AFFECTED BY THE PROJECT FOR
11 WHICH THE BONDS ARE TO BE ISSUED. THE DEPARTMENT OF TREASURY
12 SHALL DEVELOP AND DISTRIBUTE TO INTERMEDIATE SCHOOL DISTRICTS
13 GUIDELINES ON CALCULATING THE AMOUNTS DESCRIBED IN THIS SECTION.
14 Sec. 661. (1) The intermediate school board may submit
15 questions to the INTERMEDIATE school electors of the intermediate
16 school district
at an annual A
REGULAR or special
SCHOOL elec-
17 tion held in each of the constituent districts. A question shall
18 not be submitted to the intermediate school electors unless the
19 question is within the lawful authority of the INTERMEDIATE
20 SCHOOL electors
of the intermediate
school district to
decide.
21 (2) A person who is a school elector of a constituent dis-
22 trict of an intermediate school district and who is registered in
23 the city or township in which that person resides is an
24 INTERMEDIATE SCHOOL elector of that intermediate school
25 district.
26 (3) If a
question is
submitted to
intermediate school
27 electors at an
annual school
election, and a
constituent
district
00531'01 *
20
1 does not hold
its annual election
on the second
Monday of June,
2 the intermediate
school board shall
call a special
election in
3 that constituent
district to be held
on the same date as
the
4 annual school
election.
5 (4) The
secretary shall be
the chief election
officer of
6 the intermediate
school district
with authority to
delegate elec-
7 tion duties to a
member of the
administrative
staff.
8 Sec. 681. (1) An intermediate school district may establish
9 an area vocational-technical education program and operate the
10 program under sections 681 to 690 if approved by a majority of
11 the intermediate school electors of the intermediate school dis-
12 trict voting on the question. The election shall be called and
13 conducted
pursuant to
sections 661 and
662 IN ACCORDANCE
WITH
14 THIS ACT AND THE MICHIGAN ELECTION LAW. The establishment of the
15 area vocational-technical education program may be rescinded by
16 the same process.
17 (2) The question of establishing an area
18 vocational-technical education program may be submitted to the
19 intermediate school electors of an intermediate school district
20 at an annual
A
REGULAR SCHOOL
election or at a
special election
21 held in each of the constituent districts. The intermediate
22 school board shall determine the date of the election and shall
23 give notice
under section 662
to the secretary of
each constit-
24 uent district at least 60 days in advance of the date the propo-
25 sition is to be submitted to the intermediate school electors.
26 (3) The ballot for referring the question of adopting
27 sections 681 to 690 and establishing an area vocational-technical
00531'01 *
21
1 education program to the intermediate school electors of an
2 intermediate school district shall be substantially in the fol-
3 lowing form:
4 "Shall _____________________________________________, state
5 (legal name of intermediate school district)
6 of Michigan, come under sections 681 to 690 of the REVISED school
7 code of 1976
and establish an
area vocational-technical education
8 program which is designed to encourage the operation of area
9 vocational-technical education programs if the annual property tax
10 levied for this purpose is limited to __________ mills?
11 Yes ( )
12 No ( )".
13 (4) Beginning in 1995, the number of mills of ad valorem
14 property taxes an intermediate school board may levy for area
15 vocational-technical education program operating purposes under
16 sections 681 to 690 is limited to the following:
17 (a) If the intermediate school district did not levy any
18 millage in 1993 for area vocational-technical education program
19 operating purposes under sections 681 to 690, the intermediate
20 school board, with the approval of the intermediate school elec-
21 tors, may levy not more than 1 mill for those purposes.
22 (b) If the intermediate school district levied millage in
23 1993 for area vocational-technical education program operating
24 purposes under sections 681 to 690, the intermediate school
25 board, with the approval of the intermediate school electors, may
26 levy mills for those purposes at a rate not to exceed 1.5 times
00531'01 *
22
1 the number of mills authorized for those purposes in the
2 intermediate school district in 1993. Approval of the intermedi-
3 ate school electors is not required for the levy under this sub-
4 division of previously authorized mills until that authorization
5 expires.
6 (5) An intermediate school district shall not hold more than
7 2 elections in a calendar year concerning the authorization of a
8 millage rate for area vocational-technical education program
9 operating purposes under sections 681 to 690.
10 Sec. 687. (1) An intermediate school board in which an area
11 vocational-technical education program is established, by a
12 majority vote of the intermediate school electors voting on the
13 question at an
annual A REGULAR
SCHOOL ELECTION or
at a special
14 election called for that purpose, may borrow money and issue
15 bonds of the intermediate school district subject to the munici-
16 pal finance act,
Act No. 202 of the
Public Acts of
1943, being
17 sections 131.1
to 139.3 of the
Michigan Compiled
Laws 1943
18 PA 202, MCL 131.1 TO 139.3, to defray all or part of the cost of
19 purchasing, erecting, completing, remodeling, improving, furnish-
20 ing, refurnishing, equipping, or reequipping area
21 vocational-technical buildings and other facilities, or parts
22 thereof or additions thereto; acquiring, preparing, developing,
23 or improving sites, or parts thereof or additions thereto, for
24 area vocational-technical buildings and other facilities; refund-
25 ing all or part of existing bonded indebtedness; or accomplishing
26 a combination of the foregoing purposes. An intermediate school
27 district shall not issue bonds under this part for an amount
00531'01 *
23
1 greater than 1.5% of the total assessed valuation of the
2 intermediate school district, nor shall the bonded indebtedness
3 of an intermediate school district extend beyond a period of 30
4 years for money borrowed.
5 (2) Refunding bonds or the refunding part of a bond issue
6 shall not be deemed to be within the 1.5% limitation but shall be
7 deemed to be authorized in addition thereto. A bond qualified
8 under section 16 of article IX of the state constitution of 1963
9 and implementing legislation shall not be included for purposes
10 of calculating the foregoing 1.5% limitation.
11 (3) An intermediate school board may submit a proposal to
12 issue bonds of the intermediate school district, authorized under
13 this section, to the intermediate school electors at the same
14 election at which the intermediate school electors vote on the
15 establishment of an area vocational-technical education program.
16 If these questions are presented to the school electors at the
17 same election, the board shall include the bond proposal in the
18 60-day notice given the boards of constituent districts. The
19 establishment of an area vocational-technical education program
20 shall become effective if approved by a majority of the interme-
21 diate school electors voting on the question. The authority to
22 issue bonds is effective only if a majority of the intermediate
23 school electors approve both the establishment of the area
24 vocational-technical education program and the issuance of
25 bonds.
00531'01 *
24
1 (4) The ballot used in submitting the question of borrowing
2 money and issuing bonds under this section shall be in
3 substantially the following form:
4 "Shall __________ (here state the legal name of the interme-
5 diate school district designating the name of a district of not
6 less than 18,000 pupils or first class school district that has
7 elected not to come under this act as far as an area
8 vocational-technical education program is concerned) state of
9 Michigan, borrow the sum of not to exceed $__________ and issue
10 its bonds therefor, for the purpose of __________? THE ESTIMATED
11 ANNUAL COST OF REPAYING THE BONDS IS $__________ PER PUPIL
12 ENROLLED IN THE AREA VOCATIONAL-TECHNICAL EDUCATION PROGRAM AND
13 $__________ PER CLASSROOM AFFECTED BY THE PROJECT.
14 Yes ( )
15 No ( )".
16 Sec. 690. (1) A school district of not less than 18,000
17 pupils, a first class school district, or a school district
18 offering or making available to its pupils a comprehensive voca-
19 tional education program approved by the state board, may elect
20 not to come under an area vocational-technical education program
21 by resolution adopted by its board not later than 30 days after
22 receipt of notice that the question of establishing the area
23 vocational-technical education program will be submitted to the
24 school electors of the district.
25 (2) A school district electing not to come under the area
26 vocational-technical education program may thereafter elect to
27 come under the
program if at a
special or annual
REGULAR SCHOOL
00531'01 *
25
1 election a majority of the school electors voting approve the
2 operation of the area vocational-technical education program and
3 the annual tax rate for that purpose in effect in the other con-
4 stituent districts of the intermediate school district.
5 (3) Except as provided in this subsection, in an intermedi-
6 ate school district where the school electors have voted upon and
7 failed to approve the ballot question set forth in section 681, a
8 combination of 2 or more contiguous constituent districts, by
9 resolution of their boards, may elect to establish an area
10 vocational-technical education program, if approved by resolution
11 of the intermediate district board and designated by the state
12 board. The requirement of contiguity of constituent districts
13 does not apply if 1 or more of the districts that constitute the
14 basis of contiguity declare their intent, by board resolution,
15 not to be part of the proposed area vocational-technical educa-
16 tion program. At any time within 6 months after the enactment of
17 the resolution establishing the program in a local school dis-
18 trict, school electors equal in number to not less than 5% of the
19 votes cast in the most recent school election may petition their
20 local school district board to submit the resolution to the elec-
21 torate, in a form and manner to be prescribed by the state board,
22 and the district's participation in the program shall be termi-
23 nated if not approved by a majority of the school electors voting
24 on the question.
25 (4) Area vocational-technical education programs established
26 pursuant to this
section shall
receive any
appropriate state
27 funding or any
federal funding
allocated by the
state board on
00531'01 *
26
1 exactly the same basis as area vocational-technical education
2 programs and centers established by intermediate school
3 districts. Constituent districts establishing an approved area
4 vocational-technical education program pursuant to this section
5 may designate, by board resolution, specific amounts of either
6 authorized operating millage or operating millage being requested
7 from the school electors to be utilized solely for the area
8 vocational-technical education program, in a manner to be pre-
9 scribed by the state board, and the specified amount of millage
10 shall be regarded as area vocational-technical education millage
11 rather than local school district operating millage in all compu-
12 tations made by the state board to determine state aid. The rev-
13 enue obtained from the millage designated, together with appro-
14 priate state and federal funds, may be expended for the same pur-
15 poses specified for intermediate district programs in sections
16 684 and 685, including contracts with the intermediate school
17 district, another local school district, or a community college
18 for area vocational-technical education programs, facilities, and
19 services. When constituent districts establish area
20 vocational-technical education programs pursuant to this section,
21 buildings, sites, and equipment may be jointly acquired, owned,
22 or leased.
23 (5) A contiguous school district desiring to become part of
24 an area vocational-technical education program established pursu-
25 ant to this section may do so with the approval of each partici-
26 pating school district, the intermediate school district, and the
27 state board. Constituent districts operating an approved area
00531'01 *
27
1 vocational-technical education program pursuant to this section
2 may subsequently elect not to participate, or may thereafter
3 elect to participate, in an intermediate school district
4 vocational-technical education program in exactly the same manner
5 prescribed in this section for school districts of not less than
6 18,000 pupils, a first class school district, or a school dis-
7 trict offering or making available to its pupils a comprehensive
8 vocational education program approved by the state board.
9 Sec. 701. (1) Two or more adjoining intermediate school
10 districts may combine to form a single intermediate school dis-
11 trict when the reorganization is approved by a majority of the
12 electors of each intermediate school district voting on the ques-
13 tion in the
annual REGULAR
SCHOOL elections of
the constituent
14 districts.
15 (2) The question of combining intermediate school districts
16 may be submitted by a resolution of the intermediate school
17 boards meeting in joint session.
18 (3) The
question shall be
submitted when IF
petitions
19 signed by a number of school electors of each intermediate school
20 district equal to not less than 5% of the number of pupil member-
21 ships on the latest pupil membership count day of the combined
22 constituent districts of the intermediate school district are
23 filed with the secretary of 1 of the intermediate school boards.
24 Within 30 days after receiving sufficient petitions, the secre-
25 tary shall apply
for approval to the
state board
SUPERINTENDENT
26 OF PUBLIC INSTRUCTION. The secretary shall cause the question to
27 be submitted at
the next annual
REGULAR school
election after
00531'01 *
28
1 the state board
SUPERINTENDENT OF
PUBLIC INSTRUCTION
approves
2 the merger.
3 (4) The ballots shall be furnished by each intermediate
4 school board for its constituent districts and shall be in sub-
5 stantially the following form:
6 "Shall the following intermediate school districts be orga-
7 nized as a single intermediate school district?
8 (List names of intermediate school districts)
9 Yes ( )
10 No ( )".
11 (5) If the consolidation is approved by a majority of the
12 school electors voting on the question in each of the participat-
13 ing intermediate
school districts,
the reorganization
shall
14 become IS
effective in the
combined
intermediate school
dis-
15 tricts 30 days
after the annual
REGULAR SCHOOL
election at
16 which the question is submitted. The reorganized intermediate
17 school district
shall be IS a
single intermediate
school dis-
18 trict subject to this part.
19 (6) The members of the intermediate school boards of the
20 original intermediate school districts shall act as an interim
21 board until a board of the combined intermediate school district
22 is elected. The
interim board
shall possess HAS
all the powers
23 and duties of an intermediate school board under this part. The
24 person chosen by the interim intermediate school board as inter-
25 mediate superintendent shall serve only until a successor is
26 chosen by the elected intermediate school board. The secretary
27 of the intermediate school board having the largest number of
00531'01 *
29
1 pupils in membership in its combined constituent districts at the
2 time of reorganization shall call a meeting of the members of the
3 interim intermediate school board for the purpose of organization
4 within 15 days after the effective date of the reorganization.
5 The secretary of the interim intermediate school board shall pro-
6 vide for the election of a board of the reorganized intermediate
7 school district
under section 617
CHAPTER XIV OF THE
MICHIGAN
8 ELECTION LAW.
At the first
election there
shall be elected 3
9 members of a
board for 6 years,
2 for 4 years, and
2 for 2
10 years. Their
successors shall be
elected biennially
on the first
11 Monday of June
for terms of 6
years. The time
from the date of
12 election to the
next July 1 shall
be considered 1
year.
13 (7) The reorganized intermediate school district shall oper-
14 ate as a single intermediate school district from the effective
15 date of the reorganization. Within 10 days after the reorganiza-
16 tion, all accounts of the reorganized intermediate school dis-
17 tricts shall be audited in the manner established by the interim
18 intermediate school board. The contracts of the intermediate
19 superintendents in force on the effective date of reorganization
20 shall
continue
in effect to
UNTIL THE time of
their termina-
21 tion except as to position as intermediate superintendents.
22 (8) If,
prior to BEFORE
reorganization of
the intermediate
23 school districts each of the combining intermediate school dis-
24 tricts adopted special education programs by referendum pursuant
25 to part 30 and approved the same annual property tax rates for
26 the education of handicapped persons, the special education
00531'01 *
30
1 programs and the annual property tax rates shall continue in
2 effect in the reorganized intermediate school district.
3 Sec. 702. (1) An intermediate school district may be
4 annexed to another intermediate school district if the intermedi-
5 ate school board of the annexing intermediate school district
6 approves the annexation by resolution, and a majority of the
7 school electors of the intermediate school district to be annexed
8 voting on the
question at an
annual A REGULAR
or special SCHOOL
9 election in the intermediate school district approve the
10 annexation. If prior to annexation the annexing intermediate
11 school district adopts a special education program by referendum
12 pursuant to part 30, the intermediate school electors of the
13 intermediate school district to be annexed must vote to adopt
14 that special education program and annual tax rate. The vote on
15 the question shall be by ballot furnished by the intermediate
16 school board of the intermediate school district to be annexed.
17 Before the election is held, the annexing intermediate school
18 board shall
obtain the approval
of the state board
19 SUPERINTENDENT OF PUBLIC INSTRUCTION of the proposed annexation.
20 (2) Within 10 days after the election, each constituent dis-
21 trict secretary shall file the result with the secretary of the
22 intermediate
school district
BOARD, and 5 days
later the inter-
23 mediate school board secretary shall file the election result
24 with the secretary of the INTERMEDIATE SCHOOL board of the annex-
25 ing intermediate school district. Within 15 days after the
26 annexation election the intermediate school board of the annexed
27 intermediate school district shall account to the intermediate
00531'01 *
31
1 school board of the annexing intermediate school district for the
2 funds and
property in its
hands and shall
turn over the same
3 FUNDS AND PROPERTY to that INTERMEDIATE SCHOOL board. Property
4 and money belonging to the annexed intermediate school district
5 shall become the property of the annexing intermediate school
6 district. The outstanding indebtedness of the annexed intermedi-
7 ate school district shall become the liability of the annexing
8 intermediate school district. Upon receipt of the funds and
9 property, the members of the annexed intermediate school board
10 shall be
released from
liability therefor
FOR THE FUNDS AND
11 PROPERTY and their offices terminated.
12 (3) The annexation is effective on the latest date on which
13 the election was held in a constituent district of the annexed
14 intermediate school district. The secretary of the intermediate
15 school board of the annexing intermediate school district shall
16 give written
notice of the
annexation to the
state board
17 SUPERINTENDENT OF PUBLIC INSTRUCTION within 15 days after the
18 annexation election. Within 30 days after annexation, the board
19 of the annexing intermediate school district shall appoint 2
20 school electors of the annexed intermediate school district to
21 membership on the intermediate school board of the reorganized
22 intermediate
school district,
who shall serve
until July
23 JANUARY 1 after
the next biennial
INTERMEDIATE SCHOOL
DISTRICT
24 election. Notification of the appointments shall be filed with
25 the state board
SUPERINTENDENT OF
PUBLIC INSTRUCTION.
If the
26 appointments are
not made within the
30 days, the state
board
27 SUPERINTENDENT OF PUBLIC INSTRUCTION shall make the
00531'01 *
32
1 appointments.
At the next
biennial
INTERMEDIATE SCHOOL
2 DISTRICT election, members of the intermediate school board shall
3 be elected in the number and for the terms required in section
4 701. The terms of the members of the intermediate school board
5 whose terms have not expired shall determine the terms of the
6 additional members to be elected.
7 Sec. 703. (1) An intermediate school district comprised of
8 less than 5 constituent districts and having no bonded indebted-
9 ness may be disorganized and its constituent districts attached
10 to contiguous intermediate school districts under this section.
11 (2) The board of each constituent district may request the
12 intermediate school board to prescribe a plan for disorganization
13 of the intermediate school district. Each request shall desig-
14 nate another intermediate school district to which the constitu-
15 ent district desires to be attached. The intermediate school
16 board shall prescribe, by resolution, a plan under which each of
17 the constituent districts will be attached in whole to contiguous
18 intermediate school districts designated in the requests. If the
19 designated intermediate school district is not contiguous, the
20 intermediate school board's plan may prescribe attachment to a
21 contiguous intermediate school district.
22 (3) The intermediate superintendent of the intermediate
23 school district
which THAT is to
be disorganized
shall give 30
24 days' notice of the time and place of the meeting of the interme-
25 diate school board and of the proposed plan for disorganization
26 by publication of the notice in a newspaper of general
27 circulation in the intermediate school district. The
00531'01 *
33
1 intermediate school board shall present the adopted plan for
2 dissolution to the board of each of its constituent districts and
3 to the intermediate school board of each intermediate school dis-
4 trict whose boundaries would be enlarged by the proposal.
5 (4) The intermediate superintendent of each intermediate
6 school district whose boundaries would be enlarged by the disso-
7 lution shall give 30 days' notice of the time and place of the
8 meeting of the intermediate school board and of the recommended
9 plan for enlargement of the intermediate school district by pub-
10 lication of the notice in a newspaper of general circulation in
11 the intermediate school district.
12 (5) If the intermediate school board of each affected inter-
13 mediate school district approves the plan for disorganization,
14 the intermediate school board of the intermediate school district
15 to be dissolved
shall refer the
matter to the
state board
16 SUPERINTENDENT OF PUBLIC INSTRUCTION for approval. The action of
17 the state board
SUPERINTENDENT OF
PUBLIC INSTRUCTION
declaring
18 the intermediate school district dissolved shall be final.
19 Disorganization of the intermediate school district and attach-
20 ment of its constituent districts to contiguous intermediate
21 school districts
shall be effective
TAKES EFFECT on
July 1
22 after the date
of the approval of
the state board
23 SUPERINTENDENT OF PUBLIC INSTRUCTION.
24 (6) The intermediate school boards of the intermediate
25 school districts to which territory is attached by dissolution
26 shall meet jointly, sitting as a single board, and make an
27 equitable distribution of the money, property, and other assets
00531'01 *
34
1 belonging to the disorganized INTERMEDIATE SCHOOL district among
2 the intermediate school districts affected. The territory of
3 constituent districts transferred to other intermediate school
4 districts by dissolution shall be subject to all taxes levied for
5 purposes of the intermediate school district to which trans-
6 ferred, including taxes for the retirement of bonded indebted-
7 ness, special education programs, and area vocational-technical
8 education programs.
9 (7) Within 30 days after a district attaches to a contiguous
10 intermediate school district under this section, the board of the
11 intermediate school district whose boundaries have been enlarged
12 by the dissolution may appoint 2 school electors of constituent
13 districts, 1 of whom shall be an elector of the attached dis-
14 trict, to membership on the intermediate school board.
15 Intermediate school board members appointed pursuant to this sub-
16 section shall
serve until July
JANUARY 1 after the
next
17 biennial
INTERMEDIATE SCHOOL
DISTRICT election.
The intermedi-
18 ate school board
may determine 1
initial term of
less than 6 4
19 years for 1 of the additional members to be elected at the
20 biennial
INTERMEDIATE SCHOOL
DISTRICT election.
Notification
21 of an
appointment shall
be filed with the
state board
22 SUPERINTENDENT OF PUBLIC INSTRUCTION.
23 Sec. 705. (1) Beginning in 1997, and IN each year after
24 1997, a regional enhancement property tax may be levied by an
25 intermediate school district at a rate not to exceed 3 mills to
26 enhance other state and local funding for local school district
00531'01 *
35
1 operations if approved by a majority of the intermediate school
2 electors voting on the question.
3 (2) If a resolution requesting that the question of a
4 regional enhancement property tax be submitted to the voters is
5 adopted within a 180-day period and transmitted to the intermedi-
6 ate school board by 1 or more boards of its constituent school
7 districts representing a majority of the combined membership of
8 the constituent school districts as of the most recent pupil mem-
9 bership count day and if those resolutions all contain an identi-
10 cal specified number of mills to be levied under this section and
11 an identical specified number of years for which the tax shall be
12 levied, the question of levying a regional enhancement property
13 tax by the intermediate school district shall be placed on the
14 ballot by the
intermediate school
district at the
next annual
15 REGULAR school election held in each of the constituent
16 districts.
However, if the
question is to be
submitted at an
17 annual school
election and a
constituent
district does not
hold
18 its annual
election on the
second Monday in
June, the
intermedi-
19 ate school board
shall call a
special election in
that constitu-
20 ent district to
be held on the same
day as the annual
school
21 election. If
the question is to
be submitted to the
intermediate
22 school electors of an intermediate school district having a popu-
23 lation of more than 1,400,000, the intermediate school board
24 shall call a special election to be held at the next state pri-
25 mary or general election. However, if the resolution requirement
26 is met more than
180 days before the
next annual
REGULAR school
27 district
elections, to be
held on the second
Monday in June,
00531'01 *
36
1 and if requested in the resolutions, the intermediate school
2 board shall submit the question of levying a regional enhancement
3 property tax within the intermediate school district on the
4 ballot at a
special election
under section 662
called by the
5 intermediate school board for that purpose not earlier than 90
6 days or later
than 120 days
after the
resolution
requirements
7 are met.
8 (3) Not later than 10 days after receipt by the intermediate
9 school district of the revenue from the regional enhancement
10 property tax, the intermediate school district shall calculate
11 and pay to each of its constituent school districts an amount of
12 the revenue calculated by dividing the total amount of the reve-
13 nue by the combined membership of the constituent school dis-
14 tricts within the intermediate district, as of the most recent
15 pupil membership count day, and multiplying that quotient by the
16 constituent school district's membership, as of the most recent
17 pupil membership count day for which a final department-audited
18 pupil count is available.
19 (4) Regional enhancement property tax under this section may
20 be levied for a term not to exceed 20 years, as specified in the
21 ballot question, and may be renewed for the same term with the
22 approval of a majority of the intermediate school electors voting
23 on the question.
24 (5) The question of levying a regional enhancement property
25 tax under this section shall be presented to the intermediate
26 school electors as a separate question.
00531'01 *
37
1 Sec. 856. (1) If the intermediate superintendent of schools
2 is presented with petitions signed by school electors in each
3 SCHOOL district
to the number of
not less than 50%
of the number
4 of registered
general electors
residing in each
primary school
5 district as of
the date the
intermediate
superintendent
releases
6 petitions, and
by school electors
of not less than
IN A NUMBER
7 AT LEAST EQUAL
TO 5% of the number
of registered
general SCHOOL
8 electors
residing in other
school districts
EACH SCHOOL
9 DISTRICT, the intermediate superintendent shall cause the ques-
10 tion of consolidation to be submitted to the vote of the school
11 electors of the school districts at THE NEXT REGULAR SCHOOL ELEC-
12 TION OR a
special election.
called to be held
within 90 days
13 after the
receipt of the
petitions.
14 (2) The
special election
shall be held on a
date approved by
15 the county
election scheduling
committee under
section 639 of Act
16 No. 116 of the
Public Acts of
1954, as amended,
being section
17 168.639 of the
Michigan Compiled
Laws.
18 (2) (3)
Petitions shall
ARE not be
required in a
19 school district operating 12 grades if a resolution adopted by
20 the board of the SCHOOL district requesting consolidation of
21 school districts has been filed with the intermediate
22 superintendent.
23 (4) Each
city and township
clerk shall certify
to the
24 intermediate
superintendent the
number of
registered general
25 electors
residing in a
school district
upon request of the
inter-
26 mediate
superintendent.
00531'01 *
38
1 Sec. 857. (1) The question of establishing a consolidated
2 school district shall be submitted to the school electors at A
3 REGULAR SCHOOL ELECTION OR AT a special election held for that
4 purpose. In voting to form the consolidated school district, a
5 school district operating 12 grades shall vote separately as a
6 unit. The remaining school districts to be included in the con-
7 solidation shall vote together as a unit.
8 (2) The
local board shall
conduct the
election in each
9 school district
operating 12
grades. The
intermediate school
10 board, the
intermediate
superintendent of
which called the
elec-
11 tion, shall
conduct the
election for the
other school
districts
12 voting together
as a unit.
13 (2) (3)
The elections shall
be held on the same
day and
14 during the same
hours. Each
school district
shall vote as pro-
15 vided in part
12.
16 Sec. 858.
(1) The
intermediate
superintendent
shall give
17 notice of the
last day of
registration and
notice of the date,
18 place, the
propositions to be
submitted, and the
hours the polls
19 will be open for
the special
election to the
school electors of
20 the districts
operating less than
12 grades in the
manner and at
21 the times
prescribed by
sections 1002 and
1058. (2) The
inter-
22 mediate superintendent shall give written notice to the secretary
23 of the board of
each affected
school district
operating 12
24 grades of the
day and hours for
holding the special
election.
25 Each secretary
shall give the
statutory notice of
the day, place
26 or places, and
the hours for
holding the
election and of the
last
27 day of
registration. The
intermediate
superintendent
shall
00531'01 *
39
1 notify the
secretary of the
board of each
school district of
the
2 date of the consolidation election at least 60 days before the
3 election.
4 Sec. 859. (1) The proposition shall be in substantially the
5 following form:
6 "Shall the territory of the following school districts be
7 united to form 1 school district?
8 (Names of school districts to be consolidated to be listed
9 here)
10 Yes ( )
11 No ( )".
12 (2)
Printed ballots,
voting machines, or
other voting
13 devices shall be
used. The
intermediate
superintendent
shall
14 supply printed
ballots, poll
books, and other
necessary election
15 supplies to each
board of election
inspectors of the
election
16 unit of the
school districts
operating less than
12 grades.
17 (3) The
secretary of the
board of each
school district
oper-
18 ating 12 grades
shall provide
printed ballots for
the election
19 and supply all
election materials
necessary for the
election.
20 The board of
each school
district shall
appoint the
necessary
21 school electors
to the board of
election
inspectors.
22 (4) The
members of the
intermediate school
board shall act
23 as the board of
election inspectors
for the election
held in
24 school districts
operating less than
12 grades. The
intermediate
25 board may
appoint additional
persons to a board
of election
26 inspectors. If
more than 1 place
for holding the
election is
27 designated by
the intermediate
superintendent, the
members of the
00531'01 *
40
1 intermediate
school board shall
be apportioned by
the
2 intermediate
superintendent to
the boards of
election
3 inspectors. If
a member of the
intermediate school
board or
4 other person
appointed to a
board of election
inspectors is
5 unable to be
present at the
election or is
required to leave
6 during the hours
the polls are open,
the remaining
members of the
7 board of
election inspectors
may appoint another
person to fill
8 the
vacancy.
9 (5) Each
member of a board
of election
inspectors shall
take
10 the
constitutional oath
of office before
entering on the
duties
11 of an election
inspector.
12 (2) (6)
The affirmative
vote of a majority
of the school
13 electors voting on the question in each of the election units
14 shall be IS
necessary to effect
the consolidation
of the school
15 districts. The consolidation shall become effective as of the
16 date of the official canvass.
17 (3) (7)
The members of the
intermediate school
board and
18 other inspectors
of election acting
in the election
unit of a
19 school district
operating less than
12 grades shall
receive the
20 same
compensation for
conducting the
election as is
authorized
21 for election
inspectors in a
general state
election. If the
con-
22 solidation becomes effective, expenses incurred for the election
23 in each election unit shall be certified to the board of the con-
24 solidated school district. The school board OF THE CONSOLIDATED
25 SCHOOL DISTRICT
shall pay election
costs
REIMBURSEMENTS from
26 the funds of the consolidated school district. If the
27 proposition to consolidate is not approved, the intermediate
00531'01 *
41
1 school board shall determine the expenses of the election held in
2 the election unit operating less than 12 grades and apportion the
3 expenses
REQUIRED
REIMBURSEMENTS
equally among the
school dis-
4 tricts of the election unit. Each school board of the election
5 unit shall pay
the apportionment
to the
intermediate school
6 board
LOCAL
UNIT OF GOVERNMENT
THAT CONDUCTED THE
ELECTION.
7 Sec. 860. (1) If the petitions filed with an intermediate
8 superintendent under section 853 request submission of the ques-
9 tion of assuming the bonded indebtedness of 1 or more of the
10 school districts proposing consolidation, or the question of
11 increasing the constitutional limitation on taxes of the consoli-
12 dated school district for operating purposes to the school elec-
13 tors at the consolidation election, the intermediate superinten-
14 dent shall include the question or questions in the notice of the
15 election propositions filed with each of the election units.
16 under section
857.
17 (2) A request for including assumption by the consolidated
18 school district of the bonded indebtedness of 1 or more of the
19 districts proposing consolidation shall be stated on the petition
20 after the names of the school districts to be consolidated in
21 substantially the following form:
22 "We petition that the question of assumption and payment by
23 the proposed consolidated school district of the bonded indebted-
24 ness of ______________________________ be submitted to the
25 (name of school district or districts)
26 electors at the same election in which the proposed consolidation
27 is submitted", and if applicable,
00531'01 *
42
1 "We petition that the question of increasing the
2 constitutional limitation on taxes which may be assessed against
3 all property in the proposed consolidated school district by
4 _____ mills for
a period of _____
years, 19___ to
19___ ___ TO
5 ___, inclusive, for operating purposes, be submitted to the elec-
6 tors at the same election with the question of consolidating the
7 above listed districts".
8 (3) If the school electors approve the consolidation of
9 school districts and the assumption of the bonded indebtedness of
10 an original district, the consolidated school district shall
11 assume the obligation of the bonded indebtedness. The consoli-
12 dated school district shall pay the bonded indebtedness by
13 spreading debt retirement taxes uniformly over the territory of
14 the consolidated
district. Section
864 shall apply
APPLIES to
15 the debt retirement tax levies, the continuing obligations of the
16 original school districts, and the rights and remedies of a
17 bondholder.
18 Sec. 861.
(1) Within 10 days
after the date of
the offi-
19 cial canvass of the consolidation election, the intermediate
20 school board of the intermediate school district containing the
21 territory of the consolidated school district shall appoint
22 school electors of the SCHOOL district in the number required by
23 the classification of the school district to act as a board for
24 the SCHOOL district. If a consolidated school district includes
25 territory in more than 1 intermediate school district, the
26 appointment shall be made by the intermediate school board of
27 each intermediate school district acting jointly as a single
00531'01 *
43
1 board. Within 7 days after appointment, each member shall file
2 with the intermediate superintendent an acceptance of the office,
3 accompanied by a written affidavit setting forth the fact of eli-
4 gibility as
provided in section
1102 FOR OFFICE.
Except as
5 otherwise
provided in
subsection (2),
each EACH
appointed board
6 member shall
hold office until
June thirtieth
DECEMBER 31 next
7 following appointment. A new board shall be elected at the first
8 annual
REGULAR
SCHOOL election
held after the
effective date of
9 consolidation in
the manner
prescribed in part
3 or part 4 BY
10 LAW for the election of a first board.
11 (2) If the
effective date of
the consolidation
is between
12 the thirtieth
day prior to the
annual election and
December 31,
13 the board
appointed by the
intermediate school
board at its first
14 meeting shall
call a district
election to be held
within 45 days
15 after the day of
the meeting. At
the election, a
board of the
16 requisite number
of members shall be
elected for terms
required
17 for the election
of a first board in
section 111 or
section 211.
18 The election
shall be in lieu of
the first annual
election, and
19 the first year
of each term of
office shall extend
until July 1
20 following the
next succeeding
annual election.
The board shall
21 hold its first
meeting and elect
officers as
provided in section
22 114 or section
231.
23 Sec. 931. (1) An intermediate school board may divide a
24 constituent
district which
THAT has no bonded
indebtedness and
25 attach the parts thereof to 2 or more operating school districts
26 if requested to do so by resolution of the board of the school
27 district to be divided, or if petitioned by not less than 5% of
00531'01 *
44
1 the registered school electors residing in the district on the
2 date the petition is received, and if the school electors of the
3 district, voting
on the question at
an annual A
REGULAR or spe-
4 cial SCHOOL election, approve the division.
5 (2) The city or township clerk shall certify to the interme-
6 diate superintendent the number of registered school electors
7 residing in a school district when requested by the intermediate
8 superintendent.
9 (3) The resolution of the board of the school district to be
10 divided or the petition of the registered school electors resid-
11 ing in the district may specify the effective date of the divi-
12 sion of the school district, which date shall not be later than
13 the end of the fiscal year in which the election takes place.
14 (4) The resolution of the intermediate school board to which
15 the school district to be divided is constituent shall clearly
16 describe the division. The description of the division shall be
17 based on the resolution of the board of the school district to be
18 divided or on the petition of the school electors.
19 Sec. 932.
(1) The secretary
of the board of
the school
20 district to be divided shall call an election at which the ques-
21 tion of the division of the school district shall be submitted to
22 the school electors. Vote on the proposition shall be by ballot
23 in the form determined by the intermediate school board and shall
24 clearly describe the division. Before an election is held, the
25 state board
SUPERINTENDENT OF
PUBLIC INSTRUCTION
shall approve
26 the proposed division and the attachment of the parts to existing
27 operating school districts. The election in the school district
00531'01 *
45
1 to be divided
shall be held not
later than 60 days
THE NEXT
2 AVAILABLE DATE FOR A REGULAR SCHOOL ELECTION OR SPECIAL SCHOOL
3 ELECTION
following the date
of approval by the
state board
4 SUPERINTENDENT OF PUBLIC INSTRUCTION.
5 (2) The affirmative vote of a majority of the school elec-
6 tors voting on
the question shall
be IS necessary to
ratify the
7 action of the intermediate school board.
8 (3) Territory attached to an existing operating school dis-
9 trict shall be a part of that SCHOOL district for all purposes,
10 including the
levy of all taxes
which the SCHOOL
district to
11 which the
territory is
attached has the
authority IS
AUTHORIZED
12 to levy.
13 (4) Within 5 days after the election the secretary of the
14 board of the school district in which the election is held shall
15 file a certified statement of the vote for division with the
16 intermediate superintendent.
17 (5) Within 30 days after the filing of the certified state-
18 ment of the vote approving the division, the intermediate school
19 board, by resolution, shall declare the school district divided,
20 attach the
territory thereof
to the specified
operating school
21 districts, and make an equitable distribution of the money, prop-
22 erty, and other material belonging to the SCHOOL district among
23 the SCHOOL districts to which the territory is attached.
24 (6) If the effective date is determined by the resolution of
25 the board or by the petition of the school electors under section
26 931, the intermediate school board shall declare the school
27 district divided on that date.
00531'01 *
46
1 Sec. 945. Upon receipt of an order transmitted pursuant to
2 section 944 and approving the division of the school district,
3 the board of the school district to be annexed, divided, and
4 transferred shall provide by resolution for the election on the
5 question of annexing, dividing, and transferring the school
6 district. ,
which THE election
shall be conducted
and canvassed
7 in the dividing
district pursuant
to parts 12 and 13
AS PRO-
8 VIDED IN THE MICHIGAN ELECTION LAW. The question to be submitted
9 to the electors shall be whether the territory of the dividing
10 school district shall be annexed and transferred in the manner
11 specified in the resolution of the dividing school district.
12 SEC. 1206. A SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR
13 INTERMEDIATE SCHOOL DISTRICT REGULAR SCHOOL ELECTION OR SPECIAL
14 SCHOOL ELECTION SHALL BE ADMINISTERED AND CONDUCTED AS PROVIDED
15 IN CHAPTER XIV OF THE MICHIGAN ELECTION LAW. A SCHOOL DISTRICT,
16 LOCAL ACT SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT MAY
17 USE GENERAL OPERATING FUNDS TO REIMBURSE UNITS OF LOCAL GOVERN-
18 MENT INVOLVED IN ADMINISTERING AND CONDUCTING A REGULAR SCHOOL
19 ELECTION OR SPECIAL SCHOOL ELECTION FOR THE SCHOOL DISTRICT,
20 LOCAL ACT SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT, AS
21 REQUIRED UNDER THE MICHIGAN ELECTION LAW.
22 Sec. 1212. (1) If approved by the school electors of the
23 school district, the board of a school district may levy a tax of
24 not to exceed 5 mills on the state equalized valuation of the
25 school district each year for a period of not to exceed 20 years,
26 for the purpose of creating a sinking fund to be used for the
27 purchase of real estate for sites for, and the construction or
00531'01 *
47
1 repair of, school buildings. The sinking fund tax levy is
2 subject to the 15 mill tax limitation provisions of section 6 of
3 article IX of the state constitution of 1963 and the property tax
4 limitation act,
Act No. 62 of the
Public Acts of
1933, as
5 amended, being
sections 211.201 to
211.217a of the
Michigan
6 Compiled Laws
1933 PA 62, MCL
211.201 TO
211.217A. A school
7 district that levies a sinking fund tax under this section shall
8 have an independent audit of its sinking fund conducted annually,
9 including a review of the uses of the sinking fund, and shall
10 submit the audit report to the department of treasury. If the
11 department of treasury determines from the audit report that the
12 sinking fund has been used for a purpose other than those autho-
13 rized for the sinking fund under this section, the school dis-
14 trict shall repay the misused funds to the sinking fund from the
15 school district's operating funds and shall not levy a sinking
16 fund tax under this section after the date the department of
17 treasury makes that determination.
18 (2) The proposition of levying a sinking fund tax shall be
19 submitted to the
school electors of
the school district
at an
20 annual A
REGULAR or special
meeting or SCHOOL
election.
21 (3) The question of levying taxes for the purpose of creat-
22 ing a sinking fund shall be by ballot in substantially the fol-
23 lowing form:
24 "Shall _______________________________ levy __________ mills
25 (legal name of school district)
26 to create a sinking fund for the purpose of ___________________
27 _________________________________________________________________
00531'01 *
48
1 for a period of _____ years?
2 Yes ( )
3 No ( )".
4 (4) For the purposes of this section, millage approved by
5 the school electors before December 1, 1993 for which the autho-
6 rization has not expired is considered to be approved by the
7 school electors.
8 Sec. 1216.
Except as provided
in part 7a, part
3a, and in
9 section 1a of
chapter 7 of the
municipal finance
act, Act No.
10 202 of the
Public Acts of
1943, being section
137.1a of the
11 Michigan
Compiled Laws 1943
PA 202, MCL 137.1A,
money raised by
12 tax shall not be used for a purpose other than that for which it
13 was raised without the consent of a majority of the school elec-
14 tors of the
district voting on
the question at an
annual A
15 REGULAR or
special meeting or
SCHOOL election.
16 Sec. 1351. (1) Until May 1, 1994, a school district may
17 borrow money and issue bonds of the district to defray all or a
18 part of the cost of purchasing, erecting, completing, remodeling,
19 improving, furnishing, refurnishing, equipping, or reequipping
20 school buildings, including library buildings, structures, ath-
21 letic fields, playgrounds, or other facilities, or parts of or
22 additions to those facilities; acquiring, preparing, developing,
23 or improving sites, or parts of or additions to sites, for school
24 buildings, including library buildings, structures, athletic
25 fields, playgrounds, or other facilities; purchasing school
26 buses; participating in the administrative costs of an urban
27 renewal program through which the school district desires to
00531'01 *
49
1 acquire a site or addition to a site for school purposes;
2 refunding all or part of existing bonded indebtedness; or accom-
3 plishing a combination of the purposes set forth in this
4 subsection. In addition, until December 31, 1991 a school dis-
5 trict may borrow money and issue bonds to defray all or part of
6 the cost of purchasing textbooks.
7 (2) Except as otherwise provided in this subsection, a
8 school district shall not borrow money or issue bonds for a sum
9 that, together with the total outstanding bonded indebtedness of
10 the district, exceeds 5% of the state equalized valuation of the
11 taxable property within the district, unless the proposition of
12 borrowing the money or issuing the bonds is submitted to a vote
13 of the school
electors of the
district at an
annual A REGULAR
14 or special SCHOOL election and approved by the majority of the
15 school electors voting on the question. Regardless of the amount
16 of outstanding bonded indebtedness of the school district, a vote
17 of the school electors is not necessary in order to issue bonds
18 for a purpose described in section 1274a or to issue bonds under
19 section 11i of the state school aid act of 1979, MCL 388.1611i.
20 For the purposes of this subsection, bonds issued under section
21 11i of the state school aid act of 1979, MCL 388.1611i, shall not
22 be included in computing the total outstanding bonded indebted-
23 ness of a school district.
24 (3) A school district shall not issue bonds under this part
25 for an amount greater than 15% of the total assessed valuation of
26 the district, except as provided in section 1356. The bonded
27 indebtedness of a district shall not extend beyond a period of 30
00531'01 *
50
1 years. Refunding bonds or the refunding part of a bond issue
2 shall not be considered to be within the 15% limitation but shall
3 be considered to be authorized in addition to the 15%
4 limitation. A bond qualified under section 16 of article IX of
5 the state constitution of 1963 and implementing legislation shall
6 not be included for purposes of calculating the 15% limitation.
7 Bonds issued pursuant to this part are subject to the municipal
8 finance act, 1943 PA 202, MCL 131.1 to 139.3, except that bonds
9 issued for a purpose described in section 1274a may be sold at a
10 public or publicly negotiated sale at the time or times, at the
11 price or prices, and at a discount as determined by the board of
12 the school district.
13 (4) Bonds or notes issued by a school district or intermedi-
14 ate school district under this part or section 442, 629, or 1274a
15 shall be full faith and credit tax limited obligations of the
16 district pledging the general funds, voted and allocated tax
17 levies, or any other money available for such a purpose and shall
18 not allow or provide for the levy of additional millage for pay-
19 ment of the bond or note without a vote of the qualified elector-
20 ate of the district.
21 SEC. 1351C. IN ADDITION TO ALL OTHER REQUIREMENTS UNDER LAW
22 FOR ISSUANCE OF BONDS UNDER THIS ACT, A SCHOOL DISTRICT SHALL NOT
23 ISSUE BONDS UNDER ANY SECTION OF THIS ACT UNLESS THE LANGUAGE ON
24 THE BALLOT USED IN SUBMITTING THE QUESTION OF ISSUING THE BONDS
25 INCLUDES THE ESTIMATED ANNUAL COST TO THE SCHOOL DISTRICT OR
26 INTERMEDIATE SCHOOL DISTRICT OF REPAYING THE BONDS, EXPRESSED
27 BOTH PER PUPIL AND PER CLASSROOM AFFECTED BY THE PROJECT FOR
00531'01 *
51
1 WHICH THE BONDS ARE TO BE ISSUED. THE DEPARTMENT OF TREASURY
2 SHALL DEVELOP AND DISTRIBUTE TO SCHOOL DISTRICTS GUIDELINES ON
3 CALCULATING THE AMOUNTS DESCRIBED IN THIS SECTION.
4 Sec. 1361. (1) School district elections upon the issuance
5 of bonds shall
be held and
conducted as
elections in
registra-
6 tion districts
in accordance with
part 13 THIS ACT
AND CHAPTER
7 XIV OF THE
MICHIGAN ELECTION
LAW. Members of the
SCHOOL board of
8 education
shall
not serve on a
board of election
inspectors.
9 (2) The question shall be submitted by ballot in substan-
10 tially the following form:
11 "Shall ..................................................,
12 (here state the legal name of the school district)
13 county/or counties of .................... and state of
14 Michigan, borrow the sum of not to exceed ....................
15 dollars ($....................) and issue its bonds therefor,
16 for the purpose of ....................? THE ESTIMATED ANNUAL
17 COST OF REPAYING THE BONDS IS $................... PER PUPIL AND
18 $.................. PER CLASSROOM AFFECTED BY THE PROJECT.
19 Yes ( )
20 No ( )".
21 (3) Anything contained in the ballot not specified in this
22 section shall be considered surplusage and of no legal effect.
23 Sec. 1451.
(1) A school
district, other
than a primary
24 school district,
by a majority vote
of the school
electors at
25 an annual
A
REGULAR or special
SCHOOL election,
may establish a
26 public library.
00531'01 *
52
1 (2) The school electors of a school district in which a
2 library is established may vote a district tax for the support of
3 the public
library at an
annual A REGULAR
or special SCHOOL
4 election of the district. The board of the school district may
5 vote a tax for the maintenance and support of the public
6 library.
7 (3) A tax authorized or voted under this part shall be
8 levied and collected in the same manner as other school district
9 taxes are levied and collected.
10 (4) The millage allowed under this section may be levied
11 without a vote of the school electors of the school district
12 until the millage authorization expires. The rate of a tax
13 authorized or voted under this section shall not exceed the
14 number of mills levied by the school district under this section
15 in 1993 that were not included in the operating millage reported
16 by the school district to the department as of April 1, 1993 or
17 the number of mills levied by the school district under this sec-
18 tion in 1993 that the school district does not want considered as
19 operating millage reported by the school district as of April 1,
20 1994, whichever is greater.
21 (5) The board of a school district shall not hold an elec-
22 tion to levy mills under this section after December 31, 1993.
23 Sec. 1722. (1) The question of adopting sections 1722 to
24 1729 may be submitted to the school electors of an intermediate
25 school district
at an annual A
REGULAR SCHOOL
election or at a
26 special election held in each of the constituent districts.
27 Sections 1722 to 1729 shall be effective if approved by a
00531'01 *
53
1 majority of the school electors of an intermediate school
2 district voting at an election called and conducted under
3 sections
SECTION 661. and
662.
4 (2) Sections 1722 to 1729 shall continue in effect in an
5 intermediate school district reorganized pursuant to section
6 701.
7 Sec. 1732. The ballot submitting the question of borrowing
8 money for the purpose of issuing bonds under section 1731 shall
9 be in substantially the following form:
10 "Shall_________________________________________________________
11 (legal name of the intermediate school district)
12 state of Michigan, borrow the sum of not to exceed
13 $_______________ and issue its bonds therefor, for the purpose
14 of_______________? THE ESTIMATED ANNUAL COST OF REPAYING THE
15 BONDS IS $__________ PER PUPIL ENROLLED IN THE SPECIAL EDUCATION
16 PROGRAM AND $__________ PER CLASSROOM AFFECTED BY THE PROJECT.
17 Yes ( )
18 No ( )".
19 Enacting section 1. The following sections and parts of the
20 revised school code, 1976 PA 451, MCL 380.1 to 380.1852, are
21 repealed effective January 1, 2003:
22 (a) Section 662, MCL 380.662.
23 (b) Parts 12 to 14, MCL 380.1001 to 380.1106.
24 Enacting section 2. This amendatory act takes effect
25 January 1, 2003.
00531'01 *
54
1 Enacting section 3. This amendatory act does not take
2 effect unless all of the following bills of the 91st Legislature
3 are enacted into law:
4 (a) Senate Bill No. 439
5
6 (b) Senate Bill No. 440
7
8 (c) Senate Bill No. _____ or House Bill No. _____ (request
9 no. 00635'01 a *).
10 (d) Senate Bill No. 444
11
00531'01 * Final page. TAV