Bill Text: MI HB4314 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; board members; popular election of intermediate school board members; require. Amends secs. 611, 612, 614, 616 & 617 of 1976 PA 451 (MCL 380.611 et seq.) & repeals sec. 615 of 1976 PA 451 (MCL 380.615).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-08 - Bill Electronically Reproduced 03/07/2017 [HB4314 Detail]

Download: Michigan-2017-HB4314-Introduced.html

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HOUSE BILL No. 4314

 

 

March 7, 2017, Introduced by Reps. Hornberger and Runestad and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 611, 612, 614, 616, and 617 (MCL 380.611,

 

380.612, 380.614, 380.616, and 380.617), sections 611 and 612 as

 

amended by 2004 PA 419, section 614 as amended by 2011 PA 232, and

 

sections 616 and 617 as amended by 2003 PA 299; and to repeal acts

 

and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 611. (1) Except as otherwise provided in this section, an

 

intermediate school district shall be under the supervision and

 

control of an intermediate school board composed consisting of 5

 

members elected under this part. Beginning January 1, 2018, all

 

intermediate school districts shall be under the supervision and

 

control of an intermediate school board consisting of 7 members

 

popularly elected under section 617.

     (2) In an intermediate school district that adopts sections

 

615 to 617 for popular election of its members, or in an

 

intermediate school district reorganized under section 701, the

 

number of intermediate school board members shall be 7. This

 

subsection applies only until January 1, 2018.

 

     (3) In an intermediate school district whose boundaries are

 

enlarged by a dissolution disorganization under section 703, the

 

number of intermediate school board members, at the option of the

 

intermediate school board, may be 7. This subsection applies only

 

until January 1, 2018.

 

     (4) Beginning on the effective date of this subsection, Until

 

January 1, 2018, an intermediate school board may by resolution

 

change the number of intermediate school board members to 7. Before

 

adopting the resolution to change the number of intermediate school

 

board members to 7, an intermediate school board shall hold at

 

least 2 public hearings on the resolution. If an intermediate

 

school board determines that the terms of intermediate school board

 

members should be staggered differently than provided under this

 

act or any bylaws of the intermediate school board due to a change

 

in the number of board members under this subsection, the

 

intermediate school board may adopt bylaws or amend its bylaws to

 

change the way that intermediate school board members' terms are

 

staggered. The bylaws may alter the current terms of members

 

serving at the time the bylaws are adopted to implement the change

 

in the way that terms are staggered. If an intermediate school

 

board adopts or amends bylaws under this subsection that alter a

 

member's existing term, the member's term is subject to that

action.

 

     (5) If as of January 1, 2018 an intermediate school district

 

does not have a popularly elected intermediate school board, a

 

first popularly elected intermediate school board shall be elected

 

in that intermediate school district at the 2018 general November

 

election under section 617. On January 1, 2019, this popularly

 

elected intermediate school board shall take over supervision and

 

control of the intermediate school district and the intermediate

 

school board that had been elected under section 614 is dissolved.

 

     Sec. 612. (1) Subject to subsection (2), a school elector of a

 

constituent district is eligible to election or appointment to

 

membership on the intermediate school board.

 

     (2) Until the 2005 intermediate school board election, a

 

member of a board of a constituent district is eligible to election

 

or appointment to membership on the intermediate school board.

 

Beginning with the 2005 intermediate school board election, Until

 

January 1, 2019, not more than 3 members of the intermediate school

 

board may also be serving at the same time as a member of the board

 

of a constituent district or board of directors of a public school

 

academy. However, if an intermediate school board has more than 3

 

members serving as of September 1, 2004 who are also serving at the

 

same time as members of the board of a constituent district, this

 

limitation does not apply to that intermediate school board until

 

the expiration of the current terms of those intermediate school

 

board members.Beginning with the 2018 general November election, a

 

member of a board of a constituent district is ineligible for

 

election or appointment to membership on the intermediate school

board. Notwithstanding any other provision of law, if as of the

 

2018 general November election a member of the intermediate school

 

board is also a member of the board of a constituent district, the

 

member's term on the intermediate school board expires on January

 

1, 2019.

 

     (3) A member of an intermediate school board who is a member

 

of a constituent district board shall not participate in

 

proceedings conducted pursuant to part 11 to detach territory from

 

or attach territory to the constituent district of which he or she

 

is a board member.

 

     Sec. 614. (1) This section applies to an intermediate school

 

district only until the election of a popularly elected

 

intermediate school board for that intermediate school district as

 

described in section 611(1) and (5).

 

     (2) (1) Except as provided in section 615 and subject to

 

section 642c of the Michigan election law, 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.

 

     (3) (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) (2) 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.

 

     (4) (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.

 

     (5) (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.

 

     (6) (5) Subject to subsection (7), (8), 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.

 

     (7) (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, 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). (2). 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.

 

     (8) (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) This section applies to an intermediate school

 

district only until the election of a popularly elected

 

intermediate school board for that intermediate school district as

 

described in section 611(1) and (5).

 

     (2) (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 ( )".

 

     (3) (2) The intermediate school board shall submit the

 

question 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. The

 

question shall be presented to the school electors of the

 

constituent districts at the next regular school election after

 

resolutions of constituent district boards meeting the requirements

 

of this section have been filed with the school district filing

official.

 

     (4) (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 and biennially

 

thereafter at the regular school elections of the constituent

 

districts.

 

     (5) (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.

 

     Sec. 617. (1) In an intermediate school district in which

 

sections 615 to 617 are effective, and in all intermediate school

 

districts beginning with the 2018 general November election, a

 

candidate for the office of member of the intermediate school board

 

shall be nominated, and members shall be elected, as provided in

 

chapter XIV of the Michigan election law, MCL 168.301 to

 

168.315.168.316, and subject to section 642c of the Michigan

 

election law, MCL 168.642c.

 

     (2) At the first election, 3 members of an intermediate school

 

board shall be elected for a term of 6 years, 2 for a term of 4

 

years, and 2 for a term of 2 years. After the first election, their

 

successors shall be elected biennially for terms of 6 years.

 

     Enacting section 1. Section 615 of the revised school code,

 

1976 PA 451, MCL 380.615, is repealed effective January 1, 2019.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.