HB-4661, As Passed House, May 15, 2007

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4661

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 411a and 416 (MCL 380.411a and 380.416), as

 

amended by 2004 PA 303.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411a. (1) This section applies to a first class school

 

district only if the question under section 410 is not approved in

 

the first class school district.

 

     (2) Four members of the board of a first class school district

 

shall be elected at large. The following provisions apply to the

 

terms, nomination, and election of the at large members of the

 

board of a school district organized as a first class school

 

district:

 

     (a) Four members shall be elected for a term of 4 years at the


 

general election to be held in the next November after the question

 

under section 410 is presented to the school electors of the first

 

class school district and every 4 years after that November.

 

     (b) Each candidate shall be nominated at a primary held in

 

conjunction with the preceding primary election conducted pursuant

 

to section 534 of the Michigan election law, 1954 PA 116, MCL

 

168.534. The nominating petitions shall contain not less than 500

 

or more than 1,000 signatures of registered school electors of the

 

city in which the first class school district is located; shall

 

meet the requirements of section 544c of the Michigan election law,

 

1954 PA 116, MCL 168.544c; and shall be filed with the clerk of the

 

city in which the first class school district is located on or

 

before 4 p.m. of the twelfth Tuesday before the primary election.

 

The city clerk may compare the signatures on the petitions with the

 

signatures appearing on the registration records, or in some other

 

proper manner determine whether the signatures appearing on the

 

petition are genuine and comply with the requirements of this

 

section. With the petitions, a candidate shall file an affidavit as

 

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

 

MCL 168.558. The clerk of the city shall notify the county clerk of

 

the name and address of each candidate not later than 3 days after

 

the last day for candidate withdrawal. However, if the third day is

 

a Saturday, Sunday, or legal holiday, the notice may be made on the

 

next day that is not a Saturday, Sunday, or legal holiday.

 

     (c) Each member shall commence his or her term of office on

 

January 1 following his or her election.

 

     (3) The board of a first class school district shall elect its


 

officers during the month of January of each odd numbered year

 

following the election of board members. The president of the board

 

shall be a member of the board, and the duties of the president

 

shall be determined by the board.

 

     (4) A board member of a first class school district who is

 

recalled may be a candidate for the same office at the next

 

election for an office at which the recalled member is otherwise

 

eligible.

 

     (5) The term of office of each board member serving in a

 

school district that becomes a first class school district after

 

April 15, 2004 expires on the next succeeding December 31 of an

 

even numbered year, except that if the school district becomes a

 

first class school district later than April 1 of an even numbered

 

year, the term of office of each board member expires on December

 

31 of the next succeeding even numbered year after the year in

 

which the district became a first class school district. For a

 

district becoming a first class school district after April 15,

 

2004, 4 school board members shall be elected in the general

 

election of the even numbered year in which the terms of office

 

expire, and the 4 school board members elected shall commence 4-

 

year terms on January 1 of the odd numbered year following the

 

general election.

 

     (6) If a vacancy occurs on the first class school district

 

board from among the at large members, the vacancy shall be filled

 

by majority vote of the remaining first class school district board

 

members at a meeting called by the president of the board for that

 

purpose. If a person is appointed to fill a vacancy for which the


 

unexpired term is more than 1 year and 8 months, that person shall

 

serve until January 1 following the next general election. At that

 

first general election the vacancy shall be filled for the

 

unexpired term. A vacancy shall not be filled later than 60 days

 

before a primary election at which at large board members are to be

 

nominated.

 

     (7) A candidate for the office of board member at large or a

 

person appointed to fill a vacancy on the board pursuant to

 

subsection (6) shall be 18 years of age or older at the time of his

 

or her election or appointment and shall be a registered school

 

elector residing in the first class school district in which the

 

person becomes a candidate or which the person is appointed to

 

represent. If an at large member's residence is moved from the

 

first class school district during the at large member's term of

 

office, it constitutes a vacating of office.

 

     Sec. 416. (1) This section applies to a first class school

 

district only if the question under section 410 is not approved in

 

the first class school district.

 

     (2) The officers of the first class school district board

 

shall be a president, vice-president, secretary, and treasurer. The

 

Subject to subsection (7), the board, a majority of which shall

 

constitute constitutes a quorum, shall elect its president and

 

vice-president biennially from among the members of the board. In

 

case of a vacancy in the office of president, the vice-president

 

shall succeed to the office of president for the balance of the

 

unexpired term. The secretary and treasurer shall be appointed by

 

the board but shall not be members of the board and shall receive a


 

salary fixed by the board.

 

     (3) The president, vice-president, and secretary shall perform

 

the duties prescribed by the bylaws and regulations of the board.

 

The duties of the treasurer shall be determined by the school

 

district general superintendent, as approved by the board.

 

     (4) The officers of the board who in the discharge of the

 

duties of their respective positions handle funds belonging to the

 

first class school district shall be required to give bonds for the

 

faithful performance of their duties in accordance with the bylaws

 

and regulations of the board. The premium of the bonds shall be

 

paid from the funds of the board.

 

     (5) The school district treasurer shall have the custody of

 

all money belonging to the school district and shall pay out money

 

pursuant to section 433. The funds shall be deposited with

 

depositories selected by the board, and the interest derived shall

 

be paid into the general fund of the board.

 

     (6) The board shall require from the school district treasurer

 

a separate bond of not less than $200,000.00 to protect the funds

 

of the board.

 

     (7) All of the following apply to the board members elected by

 

the board in 2006 as president and vice president of the board:

 

     (a) The initial term as president and vice president for each

 

of those board members is continued until a successor is elected by

 

the board for each in January of 2008.

 

     (b) Successors for each of those officers as described in

 

subdivision (a) shall be elected biennially by the board as

 

provided under subsection (2).