Bill Text: MI HB5085 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Cities; home rule; school district to be operated as department of city if ballot proposal is approved; provide for certain cities. Amends sec. 4-j of 1909 PA 279 (MCL 117.4j) & adds sec. 4s. TIE BAR WITH: HB 5084'09

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-16 - Printed Bill Filed 06/12/2009 [HB5085 Detail]

Download: Michigan-2009-HB5085-Introduced.html

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HOUSE BILL No. 5085

 

June 11, 2009, Introduced by Rep. Lemmons and referred to the Committee on Education.

 

     A bill to amend 1909 PA 279, entitled

 

"The home rule city act,"

 

by amending section 4-j (MCL 117.4j) and by adding section 4s.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4-j. Each city may in its charter provide for any of the

 

following:

 

     (1) For the establishment of any department that it may deem

 

consider necessary for the general welfare of the city, and for the

 

separate incorporation thereof: Provided, however, That these

 

provisions of those departments. However, except as provided in

 

section 4s, this section shall not be construed to extend to and

 

include public schools. ;

 

     (2) For altering, amending, or repealing any special act

 

affecting any municipal concerns or existing municipal department,

 

but, except as provided in section 4s, the department in control of

 

the public schools shall not be construed to be a municipal

 

department. ;

 

     (3) For the exercise of all municipal powers in the management

 

and control of municipal property and in the administration of the

 

municipal government, whether such powers be those powers are

 

expressly enumerated or not; for any act to advance the interests

 

of the city, the good government and prosperity of the municipality

 

and its inhabitants; and through its regularly constituted

 

authority to pass all laws and ordinances relating to its municipal

 

concerns subject to the constitution and general laws of this

 

state.

 

     Sec. 4s. (1) If the question on the ballot in a first class

 

school district under section 409 of the revised school code, 1976

 

PA 451, MCL 380.409, is approved, then beginning on January 1,

 

2010, a city with a population of 500,000 or more that has the same

 

boundaries as a first class school district shall operate the first

 

class school district as a department of the city.

 

     (2) In a city that operates a first class school district as a

 

department of the city under subsection (1), all of the following

 

apply:

 

     (a) The mayor shall appoint a superintendent of schools to be

 

head of the department and superintendent of the first class school

 

district. The appointment is subject to confirmation by the city

 

council.

 

     (b) The superintendent may be removed by the mayor with the

 

approval of the city council or may be removed by a 2/3 vote of the

 

members elected to and serving on the city council.

 

     (c) The school district shall be operated in the manner

 

provided for a first class school district under this act and the

 

revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5084(request no.

 

03671'09) of the 95th Legislature is enacted into law.