Bill Text: MI HB4567 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Education; facilities; jurisdiction of superintendent of public instruction over approval of public school buildings and sites; clarify. Amends sec. 1263 of 1976 PA 451 (MCL 380.1263).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-05-12 - Printed Bill Filed 05/08/2015 [HB4567 Detail]

Download: Michigan-2015-HB4567-Introduced.html

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HOUSE BILL No. 4567

 

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.