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.
