Bill Text: MI HB6565 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Elections; scheduling; reference to May election date in the revised school code; revise to March election date. Amends secs. 702 & 703 of 1976 PA 451 (MCL 380.702 & 380.703). TIE BAR WITH: HB 6562'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-12-05 - Bill Electronically Reproduced 12/04/2018 [HB6565 Detail]

Download: Michigan-2017-HB6565-Introduced.html

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HOUSE BILL No. 6565

 

 

December 4, 2018, Introduced by Reps. Crawford, Whiteford and Rendon and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 702 and 703 (MCL 380.702 and 380.703), as

 

amended by 2003 PA 299.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 702. (1) An intermediate school district may be annexed

 

to another intermediate school district if the intermediate school

 

board of the annexing intermediate school district approves the

 

annexation by resolution, and a majority of the school electors of

 

the intermediate school district to be annexed voting on the

 

question at a regular or special school election in the

 

intermediate school district approve the annexation. If prior to

 

before annexation the annexing intermediate school district adopts

a special education program by referendum as provided in part 30,

 

the intermediate school electors of the intermediate school

 

district to be annexed must vote to adopt that special education

 

program and annual tax rate. The vote on the question shall must be

 

by ballot furnished by the school district filing official for the

 

intermediate school district to be annexed. Before the election is

 

held, the annexing intermediate school board shall obtain the

 

approval of the superintendent of public instruction of the

 

proposed annexation.

 

     (2) Within 10 days after the election, the school district

 

filing official shall file the result with the secretary of the

 

intermediate school board, and 5 days later the intermediate school

 

board secretary shall file the election result with the secretary

 

of the intermediate school board of the annexing intermediate

 

school district. Within 15 days after the annexation election the

 

intermediate school board of the annexed intermediate school

 

district shall account to the intermediate school board of the

 

annexing intermediate school district for the money and property in

 

its hands and shall turn over the money and property to that

 

intermediate school board. Property and money belonging to the

 

annexed intermediate school district becomes the property of the

 

annexing intermediate school district. The outstanding indebtedness

 

of the annexed intermediate school district becomes the liability

 

of the annexing intermediate school district. Upon receipt of the

 

money and property, the members of the annexed intermediate school

 

board shall be released from liability for the money and property

 

and their offices terminated.

     (3) The annexation is effective on the latest date on which

 

the election was held in a constituent district of the annexed

 

intermediate school district. The secretary of the intermediate

 

school board of the annexing intermediate school district shall

 

give written notice of the annexation to the superintendent of

 

public instruction within 15 days after the annexation election.

 

Within 30 days after annexation, the board of the annexing

 

intermediate school district shall appoint 2 school electors of the

 

annexed intermediate school district to membership on the

 

intermediate school board of the reorganized intermediate school

 

district, who shall serve until January 1 or, if the intermediate

 

school district's regular school election is held in May, March,

 

until July 1 after the next intermediate school district election.

 

Notification of the appointments shall must be filed with the

 

superintendent of public instruction. If the appointments are not

 

made within the 30 days, the superintendent of public instruction

 

shall make the appointments. At the next intermediate school

 

district election, members of the intermediate school board shall

 

be elected in the number and for the terms required in section 701.

 

The terms of the members of the intermediate school board whose

 

terms have not expired shall determine the terms of the additional

 

members to be elected.

 

     Sec. 703. (1) An intermediate school district comprised of

 

less than 5 constituent districts and having no bonded indebtedness

 

may be disorganized and its constituent districts attached to

 

contiguous intermediate school districts under this section.

 

     (2) The board of each constituent district may request the

intermediate school board to prescribe a plan for disorganization

 

of the intermediate school district. Each request shall must

 

designate another intermediate school district to which the

 

constituent district desires to be attached. The intermediate

 

school board shall prescribe, by resolution, a plan under which

 

each of the constituent districts will be attached in whole to

 

contiguous intermediate school districts designated in the

 

requests. If the designated intermediate school district is not

 

contiguous, the intermediate school board's plan may prescribe

 

attachment to a contiguous intermediate school district.

 

     (3) The intermediate superintendent of the intermediate school

 

district that is to be disorganized shall give 30 days' notice of

 

the time and place of the meeting of the intermediate school board

 

and of the proposed plan for disorganization by publication of the

 

notice in a newspaper of general circulation in the intermediate

 

school district. The intermediate school board shall present the

 

adopted plan for dissolution to the board of each of its

 

constituent districts and to the intermediate school board of each

 

intermediate school district whose boundaries would be enlarged by

 

the proposal.

 

     (4) The intermediate superintendent of each intermediate

 

school district whose boundaries would be enlarged by the

 

dissolution shall give 30 days' notice of the time and place of the

 

meeting of the intermediate school board and of the recommended

 

plan for enlargement of the intermediate school district by

 

publication of the notice in a newspaper of general circulation in

 

the intermediate school district.

     (5) If the intermediate school board of each affected

 

intermediate school district approves the plan for disorganization,

 

the intermediate school board of the intermediate school district

 

to be dissolved shall refer the matter to the superintendent of

 

public instruction for approval. The action of the superintendent

 

of public instruction declaring the intermediate school district

 

dissolved is final. Disorganization of the intermediate school

 

district and attachment of its constituent districts to contiguous

 

intermediate school districts takes effect on July 1 after the date

 

of the approval of the superintendent of public instruction.

 

     (6) The intermediate school boards of the intermediate school

 

districts to which territory is attached by dissolution shall meet

 

jointly, sitting as a single board, and make an equitable

 

distribution of the money, property, and other assets belonging to

 

the disorganized intermediate school district among the

 

intermediate school districts affected. The territory of

 

constituent districts transferred to other intermediate school

 

districts by dissolution shall be is subject to all taxes levied

 

for purposes of the intermediate school district to which

 

transferred, including taxes for the retirement of bonded

 

indebtedness, special education programs, and area vocational-

 

technical education programs.

 

     (7) Within 30 days after a district attaches to a contiguous

 

intermediate school district under this section, the board of the

 

intermediate school district whose boundaries have been enlarged by

 

the dissolution may appoint 2 school electors of constituent

 

districts, 1 of whom shall be an elector of the attached district,

to membership on the intermediate school board. Intermediate school

 

board members appointed under this subsection serve until January 1

 

or, if the intermediate school district's regular school election

 

is held in May, March, until July 1 after the next intermediate

 

school district election. The intermediate school board may

 

determine 1 initial term of less than 6 years for 1 of the

 

additional members to be elected at the intermediate school

 

district election. Notification of an appointment shall must be

 

filed with the superintendent of public instruction.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 6562 (request no.

 

07225'18) of the 99th Legislature is enacted into law.