HOUSE BILL No. 5157 October 9, 2001, Introduced by Reps. O'Neil, Schermesser, Plakas, Mans and Jansen and referred to the Committee on Redistricting and Elections. A bill to amend 1966 PA 331, entitled "Community college act of 1966," (MCL 389.1 to 389.195) by adding sections 22, 47, 65, and 89. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 22. (1) BY A MAJORITY VOTE OF THE ELECTORS, A SCHOOL 2 DISTRICT, CITY, VILLAGE, OR TOWNSHIP MAY SEPARATE FROM A COMMU- 3 NITY COLLEGE DISTRICT ESTABLISHED UNDER THIS CHAPTER. THE QUES- 4 TION OF SEPARATION MAY BE PLACED ON THE BALLOT BY RESOLUTION OF 5 THE GOVERNING BODY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR 6 TOWNSHIP OR BY PETITION SIGNED BY NOT LESS THAN 500 ELECTORS OF 7 THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP. THE SEPARATION 8 IS EFFECTIVE ON THE DATE OF THE SEPARATION ELECTION OR ON THE 9 DATE SPECIFIED IN THE RESOLUTION OR PETITION AS THE DATE OF THE 10 SEPARATION, WHICHEVER IS LATER. 04219'01 DAM 2 1 (2) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP 2 SEPARATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT 3 ESTABLISHED UNDER THIS CHAPTER, BEGINNING IN THE NEXT SUCCEEDING 4 TAX YEAR BEGINNING AFTER THE EFFECTIVE DATE OF THE SEPARATION, 5 THE TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP 6 IS NO LONGER SUBJECT TO OPERATING TAXES LEVIED BY THE COMMUNITY 7 COLLEGE DISTRICT. HOWEVER, IF THE COMMUNITY COLLEGE DISTRICT HAS 8 OUTSTANDING BONDED INDEBTEDNESS AS OF THE EFFECTIVE DATE OF THE 9 SEPARATION, THE TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, 10 OR TOWNSHIP SHALL REMAIN AS A SEPARATE ASSESSING UNIT FOR PUR- 11 POSES OF THAT BONDED INDEBTEDNESS UNTIL THAT INDEBTEDNESS IS 12 RETIRED OR THE OUTSTANDING BONDS ARE REFUNDED. 13 (3) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP SEPA- 14 RATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT ESTAB- 15 LISHED UNDER THIS CHAPTER AND THE COMMUNITY COLLEGE DISTRICT OWNS 16 REAL PROPERTY LOCATED WITHIN THE TERRITORY OF THE SCHOOL DIS- 17 TRICT, CITY, VILLAGE, OR TOWNSHIP, THE SCHOOL DISTRICT, CITY, 18 VILLAGE, OR TOWNSHIP IF REQUESTED BY THE COMMUNITY COLLEGE DIS- 19 TRICT SHALL PURCHASE THE REAL PROPERTY AND ANY FIXTURES WITHIN 6 20 MONTHS AFTER THE SEPARATION. THE SCHOOL DISTRICT, CITY, VILLAGE, 21 OR TOWNSHIP SHALL PURCHASE THE REAL PROPERTY AND FIXTURES AT FAIR 22 MARKET VALUE. IF THERE IS A DISPUTE AS TO FAIR MARKET VALUE, 23 EITHER PARTY MAY APPEAL TO THE STATE BOARD OF EDUCATION FOR A 24 DETERMINATION OF FAIR MARKET VALUE. 25 (4) AS USED IN THIS SECTION, "SCHOOL DISTRICT" MEANS A 26 SCHOOL DISTRICT OR LOCAL ACT SCHOOL DISTRICT AS THOSE TERMS ARE 04219'01 3 1 DEFINED IN THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 2 380.1852. 3 SEC. 47. (1) BY A MAJORITY VOTE OF THE ELECTORS OF THE 4 SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP, A SCHOOL DISTRICT, 5 CITY, VILLAGE, OR TOWNSHIP MAY SEPARATE FROM A COMMUNITY COLLEGE 6 DISTRICT ESTABLISHED UNDER THIS CHAPTER. THE QUESTION OF SEPARA- 7 TION MAY BE PLACED ON THE BALLOT BY RESOLUTION OF THE GOVERNING 8 BODY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP OR BY 9 PETITION SIGNED BY NOT LESS THAN 500 ELECTORS OF THE SCHOOL DIS- 10 TRICT, CITY, VILLAGE, OR TOWNSHIP. THE SEPARATION IS EFFECTIVE 11 ON THE DATE OF THE SEPARATION ELECTION OR ON THE DATE SPECIFIED 12 IN THE RESOLUTION OR PETITION AS THE DATE OF THE SEPARATION, 13 WHICHEVER IS LATER. 14 (2) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP SEPA- 15 RATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT ESTAB- 16 LISHED UNDER THIS CHAPTER, BEGINNING IN THE NEXT SUCCEEDING TAX 17 YEAR BEGINNING AFTER THE EFFECTIVE DATE OF THE SEPARATION, THE 18 TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP IS 19 NO LONGER SUBJECT TO OPERATING TAXES LEVIED BY THE COMMUNITY COL- 20 LEGE DISTRICT. HOWEVER, IF THE COMMUNITY COLLEGE DISTRICT HAS 21 OUTSTANDING BONDED INDEBTEDNESS AS OF THE EFFECTIVE DATE OF THE 22 SEPARATION, THE TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, 23 OR TOWNSHIP SHALL REMAIN AS A SEPARATE ASSESSING UNIT FOR PUR- 24 POSES OF THAT BONDED INDEBTEDNESS UNTIL THAT INDEBTEDNESS IS 25 RETIRED OR THE OUTSTANDING BONDS ARE REFUNDED. 26 (3) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP 27 SEPARATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT 04219'01 4 1 ESTABLISHED UNDER THIS CHAPTER AND THE COMMUNITY COLLEGE DISTRICT 2 OWNS REAL PROPERTY LOCATED WITHIN THE TERRITORY OF THE SCHOOL 3 DISTRICT, CITY, VILLAGE, OR TOWNSHIP, THE SCHOOL DISTRICT, CITY, 4 VILLAGE, OR TOWNSHIP IF REQUESTED BY THE COMMUNITY COLLEGE DIS- 5 TRICT SHALL PURCHASE THE REAL PROPERTY AND ANY FIXTURES WITHIN 6 6 MONTHS AFTER THE SEPARATION. THE SCHOOL DISTRICT, CITY, VILLAGE, 7 OR TOWNSHIP SHALL PURCHASE THE REAL PROPERTY AND FIXTURES AT FAIR 8 MARKET VALUE. IF THERE IS A DISPUTE AS TO FAIR MARKET VALUE, 9 EITHER PARTY MAY APPEAL TO THE STATE BOARD OF EDUCATION FOR A 10 DETERMINATION OF FAIR MARKET VALUE. 11 (4) AS USED IN THIS SECTION, "SCHOOL DISTRICT" MEANS A 12 SCHOOL DISTRICT OR LOCAL ACT SCHOOL DISTRICT AS THOSE TERMS ARE 13 DEFINED IN THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 14 380.1852. 15 SEC. 65. (1) BY A MAJORITY VOTE OF THE ELECTORS OF THE 16 SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP, A SCHOOL DISTRICT, 17 CITY, VILLAGE, OR TOWNSHIP MAY SEPARATE FROM A COMMUNITY COLLEGE 18 DISTRICT ESTABLISHED UNDER THIS CHAPTER. THE QUESTION OF SEPARA- 19 TION MAY BE PLACED ON THE BALLOT BY RESOLUTION OF THE GOVERNING 20 BODY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP OR BY 21 PETITION SIGNED BY NOT LESS THAN 500 ELECTORS OF THE SCHOOL DIS- 22 TRICT, CITY, VILLAGE, OR TOWNSHIP. THE SEPARATION IS EFFECTIVE 23 ON THE DATE OF THE SEPARATION ELECTION OR ON THE DATE SPECIFIED 24 IN THE RESOLUTION OR PETITION AS THE DATE OF THE SEPARATION, 25 WHICHEVER IS LATER. 26 (2) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP 27 SEPARATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT 04219'01 5 1 ESTABLISHED UNDER THIS CHAPTER, BEGINNING IN THE NEXT SUCCEEDING 2 TAX YEAR BEGINNING AFTER THE EFFECTIVE DATE OF THE SEPARATION, 3 THE TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP 4 IS NO LONGER SUBJECT TO OPERATING TAXES LEVIED BY THE COMMUNITY 5 COLLEGE DISTRICT. HOWEVER, IF THE COMMUNITY COLLEGE DISTRICT HAS 6 OUTSTANDING BONDED INDEBTEDNESS AS OF THE EFFECTIVE DATE OF THE 7 SEPARATION, THE TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, 8 OR TOWNSHIP SHALL REMAIN AS A SEPARATE ASSESSING UNIT FOR PUR- 9 POSES OF THAT BONDED INDEBTEDNESS UNTIL THAT INDEBTEDNESS IS 10 RETIRED OR THE OUTSTANDING BONDS ARE REFUNDED. 11 (3) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP SEPA- 12 RATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT ESTAB- 13 LISHED UNDER THIS CHAPTER AND THE COMMUNITY COLLEGE DISTRICT OWNS 14 REAL PROPERTY LOCATED WITHIN THE TERRITORY OF THE SCHOOL DIS- 15 TRICT, CITY, VILLAGE, OR TOWNSHIP, THE SCHOOL DISTRICT, CITY, 16 VILLAGE, OR TOWNSHIP IF REQUESTED BY THE COMMUNITY COLLEGE DIS- 17 TRICT SHALL PURCHASE THE REAL PROPERTY AND ANY FIXTURES WITHIN 6 18 MONTHS AFTER THE SEPARATION. THE SCHOOL DISTRICT, CITY, VILLAGE, 19 OR TOWNSHIP SHALL PURCHASE THE REAL PROPERTY AND FIXTURES AT FAIR 20 MARKET VALUE. IF THERE IS A DISPUTE AS TO FAIR MARKET VALUE, 21 EITHER PARTY MAY APPEAL TO THE STATE BOARD OF EDUCATION FOR A 22 DETERMINATION OF FAIR MARKET VALUE. 23 (4) AS USED IN THIS SECTION, "SCHOOL DISTRICT" MEANS A 24 SCHOOL DISTRICT OR LOCAL ACT SCHOOL DISTRICT AS THOSE TERMS ARE 25 DEFINED IN THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 26 380.1852. 04219'01 6 1 SEC. 89. (1) BY A MAJORITY VOTE OF THE ELECTORS OF THE 2 SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP, A SCHOOL DISTRICT, 3 CITY, VILLAGE, OR TOWNSHIP MAY SEPARATE FROM A COMMUNITY COLLEGE 4 DISTRICT ESTABLISHED UNDER THIS CHAPTER. THE QUESTION OF SEPARA- 5 TION MAY BE PLACED ON THE BALLOT BY RESOLUTION OF THE GOVERNING 6 BODY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP OR BY 7 PETITION SIGNED BY NOT LESS THAN 500 ELECTORS OF THE SCHOOL DIS- 8 TRICT, CITY, VILLAGE, OR TOWNSHIP. THE SEPARATION IS EFFECTIVE 9 ON THE DATE OF THE SEPARATION ELECTION OR ON THE DATE SPECIFIED 10 IN THE RESOLUTION OR PETITION AS THE DATE OF THE SEPARATION, 11 WHICHEVER IS LATER. 12 (2) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP SEPA- 13 RATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT ESTAB- 14 LISHED UNDER THIS CHAPTER, BEGINNING IN THE NEXT SUCCEEDING TAX 15 YEAR BEGINNING AFTER THE EFFECTIVE DATE OF THE SEPARATION, THE 16 TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP IS 17 NO LONGER SUBJECT TO OPERATING TAXES LEVIED BY THE COMMUNITY COL- 18 LEGE DISTRICT. HOWEVER, IF THE COMMUNITY COLLEGE DISTRICT HAS 19 OUTSTANDING BONDED INDEBTEDNESS AS OF THE EFFECTIVE DATE OF THE 20 SEPARATION, THE TERRITORY OF THE SCHOOL DISTRICT, CITY, VILLAGE, 21 OR TOWNSHIP SHALL REMAIN AS A SEPARATE ASSESSING UNIT FOR PUR- 22 POSES OF THAT BONDED INDEBTEDNESS UNTIL THAT INDEBTEDNESS IS 23 RETIRED OR THE OUTSTANDING BONDS ARE REFUNDED. 24 (3) IF A SCHOOL DISTRICT, CITY, VILLAGE, OR TOWNSHIP SEPA- 25 RATES UNDER THIS SECTION FROM A COMMUNITY COLLEGE DISTRICT ESTAB- 26 LISHED UNDER THIS CHAPTER AND THE COMMUNITY COLLEGE DISTRICT OWNS 27 REAL PROPERTY LOCATED WITHIN THE TERRITORY OF THE SCHOOL 04219'01 7 1 DISTRICT, CITY, VILLAGE, OR TOWNSHIP, THE SCHOOL DISTRICT, CITY, 2 VILLAGE, OR TOWNSHIP IF REQUESTED BY THE COMMUNITY COLLEGE DIS- 3 TRICT SHALL PURCHASE THE REAL PROPERTY AND ANY FIXTURES WITHIN 6 4 MONTHS AFTER THE SEPARATION. THE SCHOOL DISTRICT, CITY, VILLAGE, 5 OR TOWNSHIP SHALL PURCHASE THE REAL PROPERTY AND FIXTURES AT FAIR 6 MARKET VALUE. IF THERE IS A DISPUTE AS TO FAIR MARKET VALUE, 7 EITHER PARTY MAY APPEAL TO THE STATE BOARD OF EDUCATION FOR A 8 DETERMINATION OF FAIR MARKET VALUE. 9 (4) AS USED IN THIS SECTION, "SCHOOL DISTRICT" MEANS A 10 SCHOOL DISTRICT OR LOCAL ACT SCHOOL DISTRICT AS THOSE TERMS ARE 11 DEFINED IN THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 12 380.1852. 04219'01 Final page. DAM