HB-4265, As Passed House, May 14, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4265

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1966 PA 331, entitled

 

"Community college act of 1966,"

 

by amending sections 11, 21, 31, 34, 34a, 41, 51, 52, 54, 61, 82,

 

85, and 111 (MCL 389.11, 389.21, 389.31, 389.34, 389.34a, 389.41,

 

389.51, 389.52, 389.54, 389.61, 389.82, 389.85, and 389.111),

 

section 21 as amended by 2013 PA 53, sections 34, 34a, 51, 52, and

 

54 as amended by 2003 PA 306, section 41 as amended by 2004 PA 446,

 

section 61 as amended and section 85 as added by 2000 PA 488,

 

section 82 as amended by 1992 PA 20, and section 111 as amended by

 

1997 PA 135.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. (1) One Subject to subsection (2), 1 or more

 

contiguous counties , excepting any portion previously included in

 

an existing community college district, may join to form a

 

community college district by a majority vote of the electors

 

thereof. residing in the proposed district. Before the election is

 

held, the board or joint boards of education of the intermediate

 

school districts of the counties affected must obtain the approval

 

of the formation of the proposed community college district and the

 

proposed maximum annual tax rate shall be obtained from the state

 

board of education by the board or joint boards of education of the

 

intermediate school districts of the counties

 

affected.superintendent of public instruction.

 

     (2) For the purposes of this chapter, a county is eligible for

 

the formation of may form a community college district even though

 

a portion thereof of that county is a part of an existing community

 

college district. Such That portion of the county shall not be

 

included in the area of the proposed community college district nor

 

shall persons residing in such areas be and the electors who reside

 

in that portion of the county are not eligible to vote at the

 

organizational election or at any succeeding community college

 

district elections.

 

     Sec. 21. (1) By adoption of a resolution, the board of

 

trustees of a community college district organized under this

 

chapter may initiate annexation to the community college district,

 

in the manner provided in this act, of that portion of a contiguous

 

county, contiguous township, contiguous intermediate school

 

district, or contiguous local school district that is not already

 

included within the area of a community college district. , subject

 

to the following:

 

     (a) A community college district located in the Upper

Peninsula may annex a county, township, intermediate school

 

district, or local school district that is not contiguous.

 

     (b) A community college district that has been offering

 

classes at a federal military installation located in a

 

noncontiguous county for a period of at least 20 years may annex

 

that noncontiguous county or that portion of the noncontiguous

 

county that is not within another community college district.

 

     (2) Before an annexation election described in subsection (3),

 

the board of trustees shall obtain approval of the proposed

 

annexation from the superintendent of public instruction. Upon

 

receipt of the If the board receives that approval, the secretary

 

of the board of trustees shall file certified copies of the

 

annexation resolution and the approval with the clerk of the county

 

or township to be annexed, or the secretary of the board of the

 

intermediate school district or local school district and the

 

school district filing official of the school district to be

 

annexed, as applicable.

 

     (3) After the resolution and approval are filed under

 

subsection (2), the county board of commissioners, the township

 

board, or the board of the intermediate or local school district,

 

as applicable, shall request that the school district filing

 

official call a special election for the purpose of voting on the

 

question of annexation to the community college district and of

 

approving the maximum tax rate existing in the community college

 

district. A special election called under this subsection shall be

 

held on a the next regular election day that is not less than at

 

least 49 days after the special election is requested.

     (4) An annexation is effective on the date of the election if

 

both propositions receive majority approval of the electors voting

 

on the propositions. The final results of the annexation election

 

shall be canvassed by the appropriate board of county canvassers as

 

provided in section 24a of the Michigan election law, MCL 168.24a.

 

     (5) By virtue of annexation, unless otherwise provided in the

 

approved annexation propositions, territory annexed to a community

 

college district is subject to taxes levied for principal and

 

interest of outstanding bonded indebtedness of the community

 

college district.

 

     (6) If a portion of a county, township, or intermediate or

 

local school district to be annexed lies within a community college

 

district at the time of the annexation election, then the electors

 

residing in that territory are not eligible to vote on the

 

propositions and that territory does not become a part of the

 

community college district.

 

     Sec. 31. (1) A school district or 2 or more contiguous school

 

districts which that operate grades kindergarten through 12 may

 

form a community college district. When If resolutions of the

 

boards of education of contiguous school districts requesting the

 

organization of the community college district are filed with the

 

secretary of the board of education of the intermediate school

 

district having the highest valuation in the proposed community

 

college district area, he or she shall refer the questions of

 

organizing the community college district and the proposed annual

 

tax rate to the state board of education superintendent of public

 

instruction for approval. When If the board of education of a

single school district adopts a resolution requesting the

 

organization of a community college district, the secretary of the

 

board of education of that district shall refer such those

 

questions to the state board of education superintendent of public

 

instruction for approval.

 

     (2) For the purpose of this chapter, a school district

 

operating grades kindergarten through 12 shall be eligible for the

 

formation of may form a community college district even though a

 

part of the district is within an existing community college

 

district. Except as provided in section 46, the that part of the

 

school district shall not be included in the area of the community

 

college district nor shall a person residing in the part be and an

 

elector who resides in that part of the school district is not

 

eligible to vote at the organizational election or at any community

 

college district election.

 

     Sec. 34. (1) If the community college district consists of a

 

single school district, the community college district is directed

 

and governed by a board of trustees consisting of 7 members,

 

elected at large in the territory of the district or proposed

 

district on a nonpartisan basis. At the organizational election,

 

the electors shall elect 3 members for 6-year terms, 2 for 4-year

 

terms, and 2 for 2-year terms. After the initial terms, at the next

 

regular community college election immediately preceding the

 

expiration of a member's term of office, the electors shall elect

 

the member's successor for a term of 6 years.

 

     (2) If an organizational election is held at the same time as

 

a regular school election in May, November, the term of office of

each member elected shall commence on July January 1 following the

 

organizational election. If the regular school election is held in

 

November, the term of each member elected shall commence on the

 

January 1 following the organizational election.

 

     (3) If an organizational election is held on a date other than

 

the date of a regular school election, each board member shall take

 

office on the fifteenth day following the date of the

 

organizational election. Regular terms of office shall commence on

 

July 1 following the next regular school election in May. If the

 

next regular school election is held in November, the regular terms

 

of office shall commence on the January 1 following the annual

 

regular school election in November. If the organizational election

 

is held on a date other than the regular election date of the

 

component school district, the first year of the term of office of

 

each of the members elected to the first board of trustees shall

 

extend for the period of time remaining until July 1 or January 1 ,

 

whichever is applicable under this subsection, following the date

 

of the regular election of the component district held not less

 

than 1 year nor more than 2 years after the date of the

 

organizational election.

 

     Sec. 34a. (1) If the community college district organized

 

under this chapter consists of 2 or more school districts, the

 

community college district shall be directed and governed by a

 

board of trustees consisting that consists of 7 members, elected at

 

large in the proposed community college district on a nonpartisan

 

basis. At the organizational election, there shall be elected 3

 

members shall be elected for 6-year terms, 2 members for 4-year

terms, and 2 members for 2-year terms. Thereafter, at the next

 

regular community college election immediately preceding the

 

expiration of their terms of office, their successors shall be

 

elected for terms of 6 years.

 

     (2) If the organizational election is held at the same time as

 

the regular school election in May, the term of office of each

 

member elected shall commence on July 1 following the

 

organizational election. If the regular school election is held in

 

November, the term of each member elected shall commence on the

 

January 1 following the organizational election.

 

     (3) If the organizational election is held on a date other

 

than the date of the regular school election, each board member

 

shall take office on the fifteenth day following the date of the

 

organizational election. Regular terms of office shall commence on

 

July January 1 following the next regular school election in May.

 

If the next regular school election is held in November, the

 

regular terms of office shall commence on the January 1 following

 

the regular school election. November. If the organizational

 

election is held on a date other than the regular school election,

 

the first year of the term of office of each of the members elected

 

to the first board of trustees shall extend for the period of time

 

remaining until July 1 or January 1, whichever is applicable under

 

this subsection, following the date of the regular school election.

 

     Sec. 41. (1) The By adoption of a resolution, the board of

 

trustees by resolution may annex to a community college district

 

any contiguous of a community college district organized under this

 

chapter may initiate annexation to the community college district,

in the manner provided in this act, of that portion of a local

 

school district, contiguous intermediate school district, or

 

contiguous county, or township that is not already included within

 

in a community college district.

 

     (2) The Before an annexation election described in subsection

 

(3), the board of trustees shall obtain the approval of the

 

proposed annexation from the superintendent of public instruction.

 

Upon receipt of the If the board receives that approval, the

 

secretary of the board of trustees shall file certified copies of

 

the annexation resolution and the approval with the secretary of

 

the board of education and school district filing official of the

 

local school district to be annexed, the secretary and school

 

district filing official of the intermediate school board of the

 

intermediate school district to be annexed, and the county clerk of

 

the county to be annexed, or the township clerk of the township to

 

be annexed, as applicable.

 

     (3) After the resolution and approval are filed under

 

subsection (2), the county board of commissioners, the township

 

board, or the board of the intermediate or local school district,

 

as applicable, shall request that the school district filing

 

official call a special election for the purpose of voting on the

 

question of annexation to the community college district and of

 

approving the maximum tax rate existing in the community college

 

district. A special election called under this subsection shall be

 

held on the next regular election day that is at least 49 days

 

after the special election is requested.

 

     (4) An annexation is effective on the date of the election if

both propositions receive majority approval of the electors voting

 

on the propositions. The final results of the annexation election

 

shall be canvassed by the appropriate board of county canvassers as

 

provided in section 24a of the Michigan election law, MCL 168.24a.

 

     (5) By virtue of annexation, unless otherwise provided in the

 

approved annexation propositions, territory annexed to a community

 

college district is subject to taxes levied for principal and

 

interest of outstanding bonded indebtedness of the community

 

college district.

 

     (6) If a portion of a county, township, or intermediate or

 

local school district to be annexed lies within a community college

 

district at the time of the annexation election, then the electors

 

residing in that territory are not eligible to vote on the

 

propositions and that territory does not become a part of the

 

community college district.

 

     (7) (3) If a school district that operates grades kindergarten

 

through 12 is annexed to a community college district before July

 

1, 2004, the school district is entitled to elect a member to the

 

board of trustees of the community college district for a term of 6

 

years. The first member shall be elected at the first regular

 

community college election next succeeding after the annexation

 

election.

 

     Sec. 51. The board of an intermediate school district or the

 

boards of 2 or more contiguous intermediate school districts acting

 

as a single board may form a community college district under this

 

chapter. The board of the intermediate school district or joint

 

board of the contiguous intermediate school districts shall

designate the territory of the proposed community college district

 

and refer the questions of organizing the community college

 

district and the proposed annual tax rate to the superintendent of

 

public instruction for approval. If the superintendent of public

 

instruction approves, he or she shall notify the board of the

 

intermediate school district or joint board, which shall request

 

that the school district filing official include the necessary

 

propositions for forming the community college district to the

 

electors in the designated territory at the regular school election

 

or at a special election called for that purpose.

 

     Sec. 52. (1) The secretary of the board of the intermediate

 

school district, or the secretary of the board of the intermediate

 

school district having that has the highest valuation in the

 

proposed community college district for a community college formed

 

by 2 or more contiguous intermediate school districts, shall file a

 

copy of the approval of the superintendent of public instruction ,

 

specified described in section 51 together with the propositions to

 

be submitted to the electors , described in section 51 with the

 

secretary of the board of education of each component local school

 

district and the school district filing official.

 

     (2) If the secretary of a local school board receives the

 

filing described in subsection (1) at least 60 days but not more

 

than 6 months before the next regular school election, that

 

secretary shall request that the school district filing official

 

include the necessary community college propositions for forming

 

the community college district with the proceedings for the regular

 

school election.

     (3) If the secretary of a component local school district

 

receives the filing described in subsection (1) more than 6 months

 

or less than 60 days before the date of the regular school

 

election, the board of that district shall request that the school

 

district filing official call a special election. At the special

 

election, the propositions relating to the establishment of the

 

community college district shall be submitted to the electors.

 

     Sec. 54. (1) A community college district is directed and

 

governed by a board of trustees, consisting of that consists of 7

 

members except as provided in subsection (4), elected at large in

 

the territory of the district or proposed district on a nonpartisan

 

basis. At the organizational election, the electors shall elect 3

 

members for 6-year terms, 2 for 4-year terms, and 2 for 2-year

 

terms. After the initial terms, the electors shall elect members

 

for 6-year terms.

 

     (2) If an organizational election is held at the same time as

 

a regular school election in May, November, the term of office of

 

each member elected shall commence on July January 1 following the

 

organizational election.

 

     (3) When If an organizational election is held on a date other

 

than the date of a regular school election, each board member shall

 

take office on the fifteenth day following the date of the

 

organizational election. Regular terms of office shall commence on

 

July January 1 following the next regular school election. If the

 

organizational election is held on a date other than the regular

 

election date of the component school districts, the first year of

 

the term of office of each of the members elected to the first

board of trustees shall extend for the period of time remaining

 

until July January 1 following the date of the regular election of

 

the component districts held not less than 1 year nor more than 2

 

years from the date of the organizational election.

 

     (4) If a contiguous county is annexed to a community college

 

district under this chapter, the electors of the annexed county

 

shall elect 2 additional members to the board of trustees of the

 

community college district, elected at large in the annexed county

 

on a nonpartisan basis for a term of 6 years. The term of office of

 

an additional member shall commence 15 days after the date of

 

certification of his or her election, at either a general election

 

or a special election of the annexed county held within 6 months

 

after the election approving of the annexation. Each additional

 

member, and his or her replacement if a vacancy occurs during the

 

6-year term, shall be an elector of the annexed county. After the

 

initial 6-year term, the 2 additional board positions are

 

abolished, and the board of trustees shall consist of 7 members,

 

elected as provided in subsection (1).

 

     Sec. 61. (1) The board of trustees by resolution may propose

 

annexation and annex to a community college district any of the

 

following if not By adoption of a resolution, the board of trustees

 

of a community college district organized under this chapter may

 

initiate annexation to the community college district, in the

 

manner provided in this act, of that portion of an intermediate

 

school district, local school district, county, or township that is

 

not already included within a community college district. :

 

     (a) A contiguous intermediate school district, contiguous

local school district, or contiguous county.

 

     (b) A contiguous intermediate school district and 1 or more

 

local school districts contiguous to that intermediate school

 

district, subject to the following:

 

     (i) If a majority of the electors of that intermediate school

 

district do not approve of both propositions of annexation of that

 

intermediate school district described in section 63, then the

 

annexation of that intermediate school district and the annexation

 

of any of the local school districts are ineffective, and that

 

intermediate school district and the local school districts do not

 

become part of the community college district.

 

     (ii) If a majority of the electors of that intermediate school

 

district approve of both propositions of annexation of that

 

intermediate school district described in section 63, that

 

intermediate school district and each of the local school districts

 

in which a majority of the electors approve of both propositions of

 

annexation of that local school district become part of the

 

community college district.

 

     (2) The Before an annexation election described in subsection

 

(3), the board of trustees shall obtain the approval of the

 

proposed annexation from the superintendent of public instruction.

 

Upon receipt of the If it receives that approval, the secretary of

 

the board of trustees shall file certified copies of the annexation

 

resolution and the approval as follows:

 

     (a) For an annexation described in subsection (1)(a), with the

 

secretary of the intermediate school board and the school district

 

filing official of the intermediate school district to be annexed,

with the secretary of the board of education and the school

 

district filing official of the local school district to be

 

annexed, and with the county clerk of the county to be annexed, or

 

with the township clerk of the township to be annexed, as

 

applicable.

 

     (b) For an annexation described in subsection (1)(b), with the

 

secretary of the intermediate school board of the intermediate

 

school district to be annexed and the secretary of the board of

 

education of each local school district to be annexed.

 

     (3) After the resolution and approval are filed under

 

subsection (2), the county board of commissioners, the township

 

board, or the board of the intermediate or local school district,

 

as applicable, shall request that the school district filing

 

official call a special election for the purpose of voting on the

 

question of annexation to the community college district and of

 

approving the maximum tax rate existing in the community college

 

district. A special election called under this subsection shall be

 

held on the next regular election day that is at least 49 days

 

after the special election is requested.

 

     (4) An annexation is effective on the date of the election if

 

both propositions receive majority approval of the electors voting

 

on the propositions. The final results of the annexation election

 

shall be canvassed by the appropriate board of county canvassers as

 

provided in section 24a of the Michigan election law, MCL 168.24a.

 

     (5) By virtue of annexation, unless otherwise provided in the

 

approved annexation propositions, territory annexed to a community

 

college district is subject to taxes levied for principal and

interest of outstanding bonded indebtedness of the community

 

college district.

 

     (6) If a portion of a county, township, or intermediate or

 

local school district to be annexed lies within a community college

 

district at the time of the annexation election, then the electors

 

residing in that territory are not eligible to vote on the

 

propositions and that territory does not become a part of the

 

community college district.

 

     Sec. 82. (1) A community college district established under

 

this chapter shall have a board of trustees composed of 9 members

 

determined and elected or appointed to fill a vacancy as provided

 

in section 83. Until January 1, 1993, each member shall represent a

 

trustee district established under former section 82A. Beginning

 

January 1, 1993, each member shall represent a trustee district

 

established under subsection (2) or (3).

 

     (2) Before April 1, 1992, the board of trustees of a community

 

college established under this chapter shall reapportion the

 

territory of the community college district to determine the

 

boundary lines of the 9 trustee districts, using the 1990 federal

 

decennial census. The trustee districts shall be compact,

 

contiguous, and as equal as possible in population and shall be

 

drawn to adjust for malapportionment by commencing redistricting

 

from existing districts. The trustee districts established under

 

this subsection shall be in effect until reapportionment of the

 

trustee districts under subsection (3). All costs for the

 

reapportionment under this subsection shall be paid by the state

 

until a tax levy is authorized under section 84.

     (3) Beginning with the 2000 federal decennial census, after

 

each federal decennial census the board of trustees of a community

 

college established under this chapter shall reapportion the

 

territory of the community college district to determine the

 

boundary lines of the 9 trustee districts. The trustee districts

 

shall be compact , contiguous, and as equal as possible in

 

population and shall be drawn to adjust for malapportionment by

 

commencing redistricting from existing districts.

 

     Sec. 85. (1) The board of trustees by resolution may annex to

 

a community college district any contiguous intermediate school

 

district or contiguous local school district By adoption of a

 

resolution, the board of trustees of a community college district

 

organized under this chapter may initiate annexation to the

 

community college district, in the manner provided in this act, of

 

that portion of an intermediate school district, local school

 

district, county, or township that is not already included within a

 

community college district.

 

     (2) The Before an annexation election described in subsection

 

(3), the board of trustees shall obtain the approval of the

 

proposed annexation from the superintendent of public instruction.

 

Upon receipt of the If it receives that approval, the secretary of

 

the board of trustees shall file certified copies of the annexation

 

resolution and the approval with the secretary of the intermediate

 

school board and the school district filing official of the

 

intermediate school district to be annexed, or with the secretary

 

of the board of education and the school district filing official

 

of the local school district to be annexed, with the county clerk

of the county to be annexed, or with the township clerk of the

 

township to be annexed, as applicable.

 

     (3) After the resolution and approval are filed under

 

subsection (2), the county board of commissioners, the township

 

board, or the board of the intermediate or local school district,

 

as applicable, shall request that the school district filing

 

official call a special election for the purpose of voting on the

 

question of annexation to the community college district and of

 

approving the maximum tax rate existing in the community college

 

district. A special election called under this subsection shall be

 

held on the next regular election day that is at least 49 days

 

after the special election is requested.

 

     (4) An annexation is effective on the date of the election if

 

both propositions receive majority approval of the electors voting

 

on the propositions. The final results of the annexation election

 

shall be canvassed by the appropriate board of county canvassers as

 

provided in section 24a of the Michigan election law, MCL 168.24a.

 

     (5) By virtue of annexation, unless otherwise provided in the

 

approved annexation propositions, territory annexed to a community

 

college district is subject to taxes levied for principal and

 

interest of outstanding bonded indebtedness of the community

 

college district.

 

     (6) If a portion of a county, township, or intermediate or

 

local school district to be annexed lies within a community college

 

district at the time of the annexation election, then the electors

 

residing in that territory are not eligible to vote on the

 

propositions and that territory does not become a part of the

community college district.

 

     Sec. 111. (1) The first meeting of the board of trustees

 

following the organizational election of a community college

 

district shall be called by the secretary of the intermediate board

 

of education of the county having that has the highest valuation

 

within the community college district. The meeting shall be held

 

within 15 days following the statutory date upon on which the newly

 

elected members take office, at a time and place designated by the

 

secretary. Public notice of the time, date, and place of the

 

meeting shall be given in the manner required by the open meetings

 

act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (2) The organizational board meeting of a community college

 

district operating under chapter 1, 2, or 3 shall be held at the

 

first meeting of the board of trustees in January following the

 

date of the regular community college election. The organizational

 

board meeting of a community college district operating under

 

chapters 2 or 3 shall be held at the first board of trustees

 

meeting in July following the date of the regular community college

 

district election.

 

     (3) At the first meeting of a first or succeeding board of

 

trustees, the board shall elect a chairperson and a vice

 

chairperson, who shall be members of the board of trustees, and a

 

secretary and a treasurer, who need not be members of the board of

 

trustees. The officers shall be elected for a term of 2 years,

 

subject to change of officers by resolution of the board.

 

     (4) The board shall conduct its business which the board may

 

perform shall be conducted in compliance with the open meetings

act, 1976 PA 267, MCL 15.261 to 15.275.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.