Bill Text: MI SB0702 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
SB-0702, As Passed Senate, December 13, 2017
SUBSTITUTE FOR
SENATE BILL NO. 702
A bill to amend 2017 PA 98, entitled
"Educational instruction access act,"
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 such deed restriction or affirmative use deed
restriction
in effect on the effective date of this
subsection 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.
