Bill Text: MI SB0752 | 2009-2010 | 95th Legislature | Engrossed


Bill Title: Elections; school; technical amendments to revised school code concerning school board elections; provide for. Amends secs. 4, 5 & 614 of 1976 PA 451 (MCL 380.4 et seq.). TIE BAR WITH: SB 0751'09, SB 0753'09, SB 0754'09

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-04-20 - Referred To Committee On Ethics And Elections [SB0752 Detail]

Download: Michigan-2009-SB0752-Engrossed.html

SB-0752, As Passed Senate, April 20, 2010

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 752

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 4, 5, 614, and 616 (MCL 380.4, 380.5, 380.614,

 

and 380.616), section 4 as amended by 2008 PA 1, section 5 as

 

amended by 2009 PA 205, section 614 as amended by 2004 PA 419, and

 

section 616 as amended by 2003 PA 299.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) "Educational media center" means a program

 

operated by an intermediate school district and approved by the

 

state board that provides services to local school districts or

 

constituent districts under section 671.

 

     (2) "Intermediate school board" means the board of an

 

intermediate school district.

 

     (3) "Intermediate school district" means a corporate body

 


established under part 7.

 

     (4) "Intermediate school district election" means an election

 

called by an intermediate school board and held on the date of the

 

regular school elections of constituent districts or on a date

 

determined by the intermediate school board under section 642c of

 

the Michigan election law, MCL 168.642c.

 

     (5) "Intermediate school elector" means a person who is a

 

school elector of a constituent district and who is registered in

 

the city or township in which the person resides.

 

     (6) "Intermediate superintendent" means the superintendent of

 

an intermediate school district.

 

     Sec. 5. (1) "Local act school district" or "special act school

 

district" means a district governed by a special or local act or

 

chapter of a local act. "Local school district" and "local school

 

district board" as used in article 3 include a local act school

 

district and a local act school district board.

 

     (2) "Membership" means the number of full-time equivalent

 

pupils in a public school as determined by the number of pupils

 

registered for attendance plus pupils received by transfer and

 

minus pupils lost as defined by rules promulgated by the state

 

board.

 

     (3) "Michigan election law" means the Michigan election law,

 

1954 PA 116, MCL 168.1 to 168.992.

 

     (4) "Nonpublic school" means a private, denominational, or

 

parochial school.

 

     (5) "Objectives" means measurable pupil academic skills and

 

knowledge.

 


     (6) "Public school" means a public elementary or secondary

 

educational entity or agency that is established under this act,

 

has as its primary mission the teaching and learning of academic

 

and vocational-technical skills and knowledge, and is operated by a

 

school district, local act school district, special act school

 

district, intermediate school district, school of excellence,

 

public school academy corporation, strict discipline academy

 

corporation, urban high school academy corporation, or by the

 

department or state board. Public school also includes a laboratory

 

school or other elementary or secondary school that is controlled

 

and operated by a state public university described in section 4,

 

5, or 6 of article VIII of the state constitution of 1963.

 

     (7) "Public school academy" means a public school academy

 

established under part 6a and, except as used in part 6a, also

 

includes an urban high school academy established under part 6c, a

 

school of excellence established under part 6e, and a strict

 

discipline academy established under sections 1311b to 1311l 1311m.

 

     (8) "Pupil membership count day" of a school district means

 

that term as defined in section 6 of the state school aid act of

 

1979, MCL 388.1606.

 

     (9) "Regular school election" or "regular election" means the

 

election held in a school district, local act school district, or

 

intermediate school district to elect a school board member in the

 

regular course of the terms of that office and held on the school

 

district's regular election date as determined under section 642 or

 

642a 642c of the Michigan election law, MCL 168.642 and 168.642a

 

MCL 168.642c.

 


     (10) "Reorganized intermediate school district" means an

 

intermediate school district formed by consolidation or annexation

 

of 2 or more intermediate school districts under sections 701 and

 

702.

 

     (11) "Rule" means a rule promulgated under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     Sec. 614. (1) Except as provided in section 615 and subject to

 

section 642 642c of the Michigan election law, MCL 168.642 MCL

 

168.642c, the members of the intermediate school board shall be

 

elected biennially on the first Monday in June by an electoral body

 

composed of 1 person designated by the board of each constituent

 

school district.

 

     (2) The board of a constituent district shall designate its

 

representative to this electoral body by resolution adopted not

 

earlier than 21 days before the date of this biennial election. The

 

board shall consider the resolution at not less than 1 public

 

meeting before adopting the resolution. The resolution shall be

 

adopted by majority vote of the members serving on the board. In

 

its resolution designating its representative, the board of a

 

constituent district shall identify the candidate the board

 

supports for each position to be filled on the intermediate school

 

board and shall direct its representative to vote for that

 

individual or individuals at least on the first ballot taken by the

 

electoral body. The secretary of the intermediate school board

 

shall send a notice by certified mail of the hour and place of the

 

meeting of the electoral body described in subsection (1) to the

 

secretary of the board of each constituent school district at least

 


10 days before the meeting. The president and secretary of the

 

intermediate school board shall act as chairperson and secretary at

 

the meeting. The meeting of the electoral body shall be an open

 

meeting conducted in the manner prescribed under the open meetings

 

act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (3) Except as provided in section 703, the term of office of

 

each member elected to the intermediate school board is 6 years and

 

begins on July 1 following election. Not more than 2 members of the

 

intermediate school board shall be from the same school district

 

unless there are fewer districts than there are positions to be

 

filled.

 

     (4) A vacancy shall be filled by the remaining members of the

 

intermediate school board until the next biennial election at which

 

time the vacancy shall be filled for the balance of the unexpired

 

term. Notice of the vacancy shall be filed with the state board

 

within 5 days after the vacancy occurs. If the vacancy is not

 

filled within 30 days after it occurs, the vacancy shall be filled

 

by the state board.

 

     (5) Subject to subsection (7), a candidate for election to the

 

intermediate school board shall be nominated by petitions that are

 

signed by a number of school electors of the combined constituent

 

school districts of the intermediate school district, as follows:

 

     (a) If the population of the intermediate school district is

 

less than 10,000 according to the most recent federal census, a

 

minimum of 6 and a maximum of 20.

 

     (b) If the population of the intermediate school district is

 

10,000 or more according to the most recent federal census, a

 


minimum of 40 and a maximum of 100.

 

     (6) A school elector may sign as many petitions as there are

 

vacancies to fill. Nominating petitions and an affidavit as

 

provided in section 558 of the Michigan election law, 1954 PA 116,

 

MCL 168.558, shall be filed with the school district filing

 

official not later than 30 days before the date of the biennial

 

election under subsection (1). The school district filing official

 

shall determine the sufficiency of the petitions and the

 

eligibility of the candidates nominated. The school district filing

 

official shall provide ballots for the biennial election, listing

 

on the ballots the names of all candidates properly nominated. The

 

chairperson of the biennial election meeting may accept nominations

 

for a vacancy from the floor only if no nominating petitions have

 

been filed for the vacancy.

 

     (7) Instead of filing nominating petitions, a candidate for

 

election to the intermediate school board may pay a nonrefundable

 

filing fee of $100.00 to the school district filing official. If

 

this fee is paid by the due date for nominating petitions, the

 

payment has the same effect under this section as the filing of

 

nominating petitions.

 

     Sec. 616. (1) An intermediate school board may submit to the

 

school electors of the constituent districts comprising the

 

intermediate school district the question of adoption of sections

 

615 to 617. The question shall be in substantially the following

 

form:

 

     "Shall sections 615 to 617 of the revised school code,

 

providing for the popular election of members of the intermediate

 


school board, be effective within the constituent districts of

 

__________ (name of intermediate school district)?

 

     Yes ( )

 

     No ( )".

 

     (2) The intermediate school board shall submit certify the

 

question to the intermediate school district's election coordinator

 

upon receipt of resolutions adopted by a majority of the boards of

 

constituent districts and representing more than 1/2 of the

 

combined memberships of the constituent districts of the

 

intermediate school district as of the latest pupil membership

 

count day. The resolutions of the constituent district boards shall

 

be adopted between March 1 and the next succeeding July 1 within a

 

4-month period of time. The question shall be presented to the

 

school electors of the constituent districts at on the next regular

 

school election date occurring not less than 84 days after

 

resolutions of constituent district boards meeting the requirements

 

of this section have been filed with the intermediate school

 

district. filing official.

 

     (3) If a majority of the school electors votes in favor of

 

popular election, members of the intermediate school board shall be

 

elected at the next regular school election general November

 

election or even year August election as determined by resolution

 

adopted by the members of the intermediate school board and

 

biennially thereafter. at the regular school elections of the

 

constituent districts.

 

     (4) An intermediate school district that adopts sections 615

 

to 617 may terminate the popular election of members of the

 


intermediate school board in the same manner.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 751.

 

     (b) Senate Bill No. 753.

 

     (c) Senate Bill No. 754.

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