HB-5479, As Passed Senate, June 21, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5479

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1263 (MCL 380.1263), as amended by 1990 PA 159.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1263. (1) The board of a school district shall not build

 

a school upon a site without having prior title in fee to the site,

 

a lease for not less than 99 years, or a lease for not less than 50

 

years from the United States government, or this state, or a

 

political subdivision of this state.

 

     (2) The board of a school district shall not build a frame

 

school on a site for which it does not have a title in fee or a

 

lease for 50 years without securing the privilege of removing the

 

school.

 


     (3) The governing board of a public school  district  shall

 

not design or build a school building to be used for instructional

 

or noninstructional school purposes or design and implement the

 

design for a school site unless the design or construction is in

 

compliance with  Act No. 306 of the Public Acts of 1937, being

 

sections 388.851 to 388.855a of the Michigan Compiled Laws  1937 PA

 

306, MCL 388.851 to 388.855a. The superintendent of public

 

instruction has sole and exclusive jurisdiction over the review and

 

approval of plans and specifications for the construction,

 

reconstruction, or remodeling of school buildings used for

 

instructional or noninstructional school purposes and, subject to

 

subsection (4), of site plans for those school buildings.

 

     (4) Unless the site is located within a city or village, the

 

governing board of a public school shall not build or expand a high

 

school building on a site without first submitting the site plan to

 

the local zoning authority for administrative review as provided

 

under this subsection. Not later than 60 days after receiving the

 

site plan, the local zoning authority shall respond to the

 

governing board with either a written notice that the local zoning

 

authority concurs with the site plan or with written suggested

 

changes to the site plan. If the local zoning authority does not

 

respond to the governing board with either of these options, the

 

governing board shall be considered to have received a written

 

notice of concurrence from the local zoning authority. If there are

 

written suggested changes, then not later than 45 days after

 

receiving the written suggested changes, the governing board shall

 

respond to the local zoning authority with a revised site plan that

 


incorporates the changes or with an explanation of why the changes

 

are not being made. This subsection applies to expansion of a high

 

school building only if the expansion will result in the square

 

footage of the high school building being increased by at least

 

20%. This subsection does not apply to temporary structures or

 

facilities that are necessary due to unexpected enrollment

 

increases and that are used for not more than 2 years.

 

     (5) If mutually agreed by the governing board and the local

 

zoning authority, the time periods in subsection (4) may be

 

extended.

 

     (6) The communication required under subsection (4) between a

 

governing board and a local zoning authority is for informational

 

purposes only and does not require the governing board to make any

 

changes in its site plan. Once the process prescribed under

 

subsection (4) is complete, this section does not require any

 

further interaction between the governing board and a local zoning

 

authority.

 

     (7) A local zoning authority shall not charge a governing

 

board a fee for the process prescribed under subsection (4) that

 

exceeds $250.00 for an administrative review or $1,500.00 for total

 

costs incurred by a local zoning authority under subsection (4) for

 

the specific project involved.

 

     (8) As used in this section:

 

     (a) "High school building" means any structure or facility

 

that is used for instructional purposes, that offers at least 1 of

 

grades 9 to 12, and that includes an athletic field or facility.

 

     (b) "Local zoning authority" means the zoning authority for

 


the jurisdiction in which the construction or expansion of a high

 

school building is to occur.