Bill Text: MI SB0702 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Local government; other; educational instruction access act; clarify deed restriction language. Amends sec. 5 of 2017 PA 98 (MCL 123.1045) & repeals sec. 1260 of 1976 PA 451 (MCL 380.1260).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-01-30 - Assigned Pa 07'18 With Immediate Effect [SB0702 Detail]
Download: Michigan-2017-SB0702-Chaptered.html
Act No. 7
Public Acts of 2018
Approved by the Governor
January 26, 2018
Filed with the Secretary of State
January 26, 2018
EFFECTIVE DATE: January 26, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Senator Pavlov
ENROLLED SENATE BILL No. 702
AN ACT to amend 2017 PA 98, entitled “An act to create the educational instruction access act; to limit the powers of local governmental bodies regarding the selling, transferring, leasing, or renting of property; and to provide remedies and penalties,” by amending section 5 (MCL 123.1045); and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 5. (1) Except as otherwise provided in this subsection, a local governmental body shall not adopt, enforce, impose, or administer an ordinance, local policy, or local resolution that prohibits property sold, leased, or transferred by the local governmental body from being used for any lawful educational purpose by an educational institution or private school. This subsection does not apply to either of the following:
(a) A zoning ordinance adopted by the local governmental body under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702.
(b) The administrative review of a site plan as provided in section 1263(4) of the revised school code, 1976 PA 451, MCL 380.1263.
(2) A local governmental body shall not impose, enforce, or apply any deed restriction that expressly, or by its operation, prohibits property sold, leased, or transferred by the local governmental body from being used for any lawful educational purpose by an educational institution or private school. Any deed restriction or affirmative use deed restriction that affirmatively allows for only 1 or more specified uses or purposes that do not include an educational use or purpose is prohibited under this subsection. Any deed restriction or affirmative use deed restriction in effect on the effective date of the amendatory act that amended this section that prohibits or does not permit property previously used for an educational purpose from being used for any future educational purpose is void.
(3) If a local governmental body offers property of the local governmental body for sale, lease, or rent, the local governmental body shall not refuse to sell, lease, or rent the property to an educational institution or private school solely because the educational institution or private school intends to use the property for an educational purpose, if the intent of the educational institution or private school is to use the property for a lawful educational purpose. If a local governmental body offers property of the local governmental body for sale, lease, or rent, the local governmental body is not required to sell, lease, or rent the property to an educational institution or private school solely because the educational institution or private school intends to use the property for an educational purpose. This subsection does not require a local governmental body to do either of the following:
(a) Provide special notice of property offers to an educational institution or a private school.
(b) Provide a right of first refusal to an educational institution or a private school.
Enacting section 1. Section 1260 of the revised school code, 1976 PA 451, MCL 380.1260, is repealed.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
