HOUSE BILL No. 5522 December 13, 2001, Introduced by Rep. O'Neil and referred to the Committee on Local Government and Urban Policy. A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 21, 34a, 36, 37, 41, 42, 43, 57, 61, 62, 63, 85, 86, 87, and 88 (MCL 389.21, 389.34a, 389.36, 389.37, 389.41, 389.42, 389.43, 389.57, 389.61, 389.62, 389.63, 389.85, 389.86, 389.87, and 389.88), sections 21, 37, 41, 42, 43, 57, 61, 62, and 63 as amended and sections 85, 86, 87, and 88 as added by 2000 PA 488 and section 34a as amended by 1982 PA 381. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 21. (1) The board of trustees of a community college 2 district comprised of a county or counties by resolution may 3 annex to the community college district in the manner provided in 4 this act any contiguous county, contiguous township, CONTIGUOUS 5 CITY, CONTIGUOUS VILLAGE, contiguous intermediate school 6 district, or contiguous local school district not already 05622'01 DAM 2 1 included within the area of a community college district, subject 2 to the following: 3 (a) A community college district located in the Upper 4 Peninsula may annex a county, township, intermediate school dis- 5 trict, or local school district that is not contiguous. 6 (b) A community college district that has been offering 7 classes at a federal military installation located in a noncon- 8 tiguous county for a period of at least 20 years may annex that 9 noncontiguous county or that portion of the noncontiguous county 10 that is not within another community college district. 11 (2) Prior to the annexation election, the board of trustees 12 shall obtain approval of the proposed annexation from the super- 13 intendent of public instruction. Upon receipt of the approval, 14 the secretary of the board of trustees shall file certified 15 copies of the annexation resolution and the approval with the 16 clerk of the county,ortownship, CITY, OR VILLAGE to be 17 annexed, or the secretary of the board of the intermediate school 18 district or local school district to be annexed, as applicable. 19 (3) If the resolution and approval are filed more than 90 20 days before the date of the next general state election, then the 21 county board of commissioners, the township board, THE CITY 22 COMMON COUNCIL, COUNCIL, OR COMMISSION, THE VILLAGE COUNCIL, or 23 the board of the intermediate or local school district, as appli- 24 cable, shall call a special election for the purpose of voting on 25 the question of annexation to the community college district and 26 of approving the maximum tax rate existing in the community 27 college district. If the resolution and approval are filed less 05622'01 3 1 than 90 days but more than 20 days prior to the next general 2 state election, then the propositions shall be presented at that 3 election. 4 (4) Annexation becomes effective on the date of the election 5 if both propositions receive majority approval of the electors 6 voting on the propositions. The final results of the annexation 7 election shall be canvassed as follows: 8 (a) If a county, TOWNSHIP, CITY, OR VILLAGE is the subject 9 of annexation, thecountyboard of canvassers OF THAT COUNTY, 10 TOWNSHIP, CITY, OR VILLAGE shall conduct the canvass as provided 11 in section 17. 12(b) If a township is the subject of annexation, the town-13ship board of canvassers shall conduct the canvass.14 (B)(c)If a local or intermediate school district is the 15 subject of annexation, the board of canvassers oftheTHAT 16 local or intermediate school district shall conduct the canvass. 17 (5) By virtue of annexation, unless otherwise provided in 18 the approved annexation propositions, any territory annexed to a 19 community college district is subject to taxes levied for princi- 20 pal and interest of outstanding bonded indebtedness of the commu- 21 nity college district. 22 (6) If any portion of a county, township, CITY, VILLAGE, or 23 intermediate or local school district to be annexed lies within a 24 community college district at the time of the annexation elec- 25 tion, then the electors residing in that territory are not eligi- 26 ble to vote on the propositions and that territory does not 27 become a part of the community college district. 05622'01 4 1 Sec. 34a. (1) IftheA community college district 2consists of 2 or more school districtsORGANIZED UNDER THIS 3 CHAPTER DOES NOT CONSIST OF A SINGLE SCHOOL DISTRICT, the commu- 4 nity college district shall be directed and governed by a board 5 of trustees consisting of 7 members, elected at large in the 6proposedcommunity college district OR PROPOSED COMMUNITY COL- 7 LEGE DISTRICT on a nonpartisan basis. At the organizational 8 election, there shall be elected 3 members for 6-year terms, 2 9 members for 4-year terms, and 2 members for 2-year terms. 10 Thereafter, at the next regular community college election imme- 11 diately preceding the expiration of their terms of office, their 12 successors shall be elected for terms of 6 years. 13 (2) When the organizational election is held at the same 14 time as the annual school election, the term of office of each 15 member elected shall commence on July 1 following the organiza- 16 tional election. However, if the annual school election is held 17 in November, the term of each member elected shall commence on 18 the January 1 following the organizational election. 19 (3) When the organizational election is held on a date other 20 than the date of the annual school election, each board member 21 shall take office on the fifteenth day following the date of the 22 organizational election. Regular terms of office shall commence 23 on July 1 following the next annual school election. However, if 24 the next annual school election is held in November, the regular 25 terms of office shall commence on the January 1 following the 26 annual school election. When the organizational election is held 27 on a date other than the annual school election, the first year 05622'01 5 1 of the term of office of each of the members elected to the first 2 board of trustees shall extend for the period of time remaining 3 until July 1 or January 1, whichever is applicable under this 4 subsection, following the date of the annual school election. 5(4) In the case of an existing community college district6consisting of 2 or more school districts, the board of trustees7as presently constituted shall continue to serve until the next8regular community college election which occurs after April 5,91978. At that time, additional members shall be elected in num-10bers and for terms so that, together with existing board members11whose terms are not expiring, there will be 2 members whose terms12expire 2 years after the election, 3 members whose terms expire 413years after the election, and 2 members whose terms expire 614years after the election.15(5) The term of any member serving on the effective date of16this subsection, in a district which elects members in November,17shall terminate on January 1 of the calendar year in which the18member's term otherwise would have expired, but for this19subsection.20 Sec. 36. (1) The provisions ofsections 531 to 540 of Act21No. 269 of the Public Acts of 1955, as amended, being sections22340.531 to 340.540 of the Compiled Laws of 1948THE REVISED 23 SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 380.1852, shall govern the 24 conduct and procedures of the community college election con- 25 ducted by local school boards under this chapter. THE PROVISIONS 26 OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.1 TO 168.992, 05622'01 6 1 SHALL GOVERN THE CONDUCT AND PROCEDURES OF AN ELECTION CONDUCTED 2 BY A COUNTY, CITY, OR VILLAGE UNDER THIS CHAPTER. 3 (2) Where part of a local school district is in another com- 4 munity college district, only those electors residing in the 5 remainder of the school district shall be eligible to vote in the 6 organizational election or in subsequent community college 7 elections. 8 Sec. 37.TheEXCEPT AS OTHERWISE PROVIDED IN THIS CHAP- 9 TER, THE board of canvassers of the local or intermediate school 10 districts whose electors are eligible to vote in an election 11 shall conduct a canvass of the results of the election within 3 12 days of the election. For an organizational election, the board 13 of canvassers appointed by the secretaries of the boards of the 14 component school districts meeting jointly shall conduct the 15 final canvass. For a community college district election, other 16 than an organizational election, except as otherwise provided in 17 this chapter, the board of canvassers appointed by the board of 18 trustees of the community college district shall conduct the 19 final canvass. In the case of a community college district con- 20 sisting entirely of 1 school district, the board of canvassers 21 for elections in that school district shall conduct the final 22 canvass. 23 Sec. 41. (1) The board of trustees by resolution may annex 24 to a community college district any contiguous local school dis- 25 trict, contiguous intermediate school district,orcontiguous 26 county, CONTIGUOUS TOWNSHIP, CONTIGUOUS CITY, OR CONTIGUOUS 05622'01 7 1 VILLAGE not already included within a community college 2 district. 3 (2) The board of trustees shall obtain the approval of the 4 proposed annexation from the superintendent of public 5 instruction. Upon receipt of the approval, the secretary of the 6 board of trustees shall file certified copies of the annexation 7 resolution and the approval with the secretary of the board of 8 education of the local school district to be annexed, the secre- 9 tary of the intermediate school board of the intermediate school 10 district to be annexed,andOR thecountyclerk of the 11 county, TOWNSHIP, CITY, OR VILLAGE to be annexed, as applicable. 12 (3) If a school district that operates grades kindergarten 13 through 12 is annexed to a community college district, the school 14 district is entitled to elect a member to the board of trustees 15 of the community college district for a term of 6 years. The 16 first member shall be elected at the regular community college 17 election next succeeding the annexation election. 18 Sec. 42. (1) In the annexation of a local school district, 19 if the resolution and approval are filed with the secretary more 20 than 90 days before the date of the annual election of the dis- 21 trict to be annexed, the board of education of the district shall 22 call a special election for voting on the annexation on a date 23 specified by the secretary of the board of trustees of the commu- 24 nity college district. If the resolution and approval are filed 25 more than 20 days but less than 90 days prior to the date of the 26 annual election of the district to be annexed, the board of 05622'01 8 1 education of the district shall submit the annexation proposition 2 to the electors at the annual election. 3 (2) In the annexation of an intermediate school district, 4 the secretary of the intermediate school board of the intermedi- 5 ate school district in writing shall direct the board of educa- 6 tion of each component school district to submit the annexation 7 propositions to the electors of the school district. Each school 8 district shall hold the election at the time of the annual school 9 elections if notification is given more than 20 but less than 90 10 days before the annual election date. Otherwise, each board of 11 education shall call a special election, to consider the annexa- 12 tion propositions, on a date specified by the secretary of the 13 intermediate school board. 14 (3) In the annexation of a county, TOWNSHIP, CITY, OR 15 VILLAGE, if the resolution and approval are filed 90 days or 16 more, or 20 days or less, before the date of the next general 17 election, then the county board of commissioners, THE TOWNSHIP 18 BOARD, THE CITY COMMON COUNCIL, COUNCIL, OR COMMISSION, OR THE 19 VILLAGE COUNCIL, AS APPLICABLE, shall call a special election 20within the countyto consider the annexation propositions. If 21 the resolution and approval are filed less than 90 days but more 22 than 20 days before the next general election, then the annexa- 23 tion propositions shall be submitted to the electors of the 24 county, TOWNSHIP, CITY, OR VILLAGE at that election. 25 Sec. 43. (1) At an annexation election, the electors shall 26 vote on the propositions of annexation to the community college 27 district and the adoption of the maximum annual tax rate of the 05622'01 9 1 community college district. Annexation is effective on the date 2 of the election if both propositions receive majority approval of 3 the electors voting on the propositions. A local school dis- 4 trict, intermediate school district,orcounty, TOWNSHIP, CITY, 5 OR VILLAGE annexed is subject to taxes levied within the maximum 6 annual tax rate, and, unless otherwise provided in the annexation 7 propositions, to taxes levied for principal and interest of out- 8 standing bonded indebtedness of the community college district. 9 (2) If any portion of a local school district, intermediate 10 school district,orcounty, TOWNSHIP, CITY, OR VILLAGE to be 11 annexed lies within a community college district at the time of 12 the annexation election, the electors residing in that territory 13 are not eligible to vote on the propositions and the territory 14 does not become a part of the community college district. 15 (3) In an annexation of a county, if all or any portion of a 16 local school district lies within that county, no elector resid- 17 ing in that local school district may vote on the propositions 18 and no part of the local school district becomes part of the com- 19 munity college district if both of the following are met: 20 (a) The local school district is not part of an intermediate 21 school district that has at least 80% of its territory in the 22 county to be annexed. 23 (b) The board of education of the local school district 24 adopts a resolution that the school district elects to be 25 excluded from the annexation, and files a certified copy of the 26 resolution with the county clerk and the board of trustees within 05622'01 10 1 15 days of the date the resolution and approval are filed with 2 the county clerk under section 41(2). 3 (4) In an annexation of a local school district or interme- 4 diate school district, the results of the annexation election 5 shall be canvassed as provided in section 37. In an annexation 6 of a county, TOWNSHIP, CITY, OR VILLAGE, the final results of the 7 annexation election shall be canvassed by thecountyboard of 8 canvassers for that county, TOWNSHIP, CITY, OR VILLAGE. 9 Sec. 57.TheEXCEPT AS OTHERWISE PROVIDED IN THIS CHAP- 10 TER, THE boards of canvassers of the school districts whose elec- 11 tors are eligible to vote in an election shall conduct a canvass 12 of the results of the election within 3 days of the election. 13 For an organizational election, the board of canvassers of the 14 intermediate school district having the highest valuation within 15 the proposed community college district shall conduct the final 16 canvass. For a community college district election other than an 17 organizational election, except as otherwise provided in this 18 chapter, the board of canvassers appointed by the board of trust- 19 ees of the community college shall conduct the final canvass. 20 Sec. 61. (1) The board of trustees by resolution may 21propose annexation andannex to a community college district 22 any of the following if not already included within a community 23 college district: 24 (a) A contiguous intermediate school district, contiguous 25 local school district,orcontiguous county, CONTIGUOUS TOWN- 26 SHIP, CONTIGUOUS CITY, OR CONTIGUOUS VILLAGE. 05622'01 11 1 (b) A contiguous intermediate school district and 1 or more 2 local school districts contiguous to that intermediate school 3 district, subject to the following: 4 (i) If a majority of the electors of that intermediate 5 school district do not approve of both propositions of annexation 6 of that intermediate school district described in section 63, 7 then the annexation of that intermediate school district and the 8 annexation of any of the local school districts are ineffective, 9 and that intermediate school district and the local school dis- 10 tricts do not become part of the community college district. 11 (ii) If a majority of the electors of that intermediate 12 school district approve of both propositions of annexation of 13 that intermediate school district described in section 63, that 14 intermediate school district and each of the local school dis- 15 tricts in which a majority of the electors approve of both propo- 16 sitions of annexation of that local school district become part 17 of the community college district. 18 (2) The board of trustees shall obtain the approval of the 19 proposed annexation from the superintendent of public 20 instruction. Upon receipt of the approval, the secretary of the 21 board of trustees shall file certified copies of the annexation 22 resolution and the approval as follows: 23 (a) For an annexation described in subsection (1)(a), with 24 the secretary of the intermediate school board of the intermedi- 25 ate school district to be annexed, with the secretary of the 26 board of education of the local school district to be annexed, 05622'01 12 1and with the countyOR THE clerk of the county, TOWNSHIP, CITY, 2 OR VILLAGE to be annexed, as applicable. 3 (b) For an annexation described in subsection (1)(b), with 4 the secretary of the intermediate school board of the intermedi- 5 ate school district to be annexed and the secretary of the board 6 of education of each local school district to be annexed. 7 Sec. 62. (1) In an annexation of 1 or more local school 8 districts, if the resolution and approval are filed with each 9 secretary more than 90 days before the date of the annual elec- 10 tion of the districts to be annexed, the board of education of 11 each district shall call a special election for voting on the 12 propositions of annexation. If the resolution and approval are 13 filed more than 20 days but less than 90 days prior to the date 14 of the annual election of each district to be annexed, the board 15 of education of each district shall submit annexation proposi- 16 tions to its electors at the annual election. 17 (2) In an annexation of an intermediate school district, the 18 secretary of the intermediate school board of the intermediate 19 school district in writing shall direct the board of education of 20 each component school district to submit the annexation proposi- 21 tions to the electors of that component school district. Each 22 school district shall hold the election at the time of its annual 23 school elections if notification is given to each school district 24 more than 20 but less than 90 days before the annual election 25 date. Otherwise, each board of education shall call a special 26 election, to consider the annexation propositions, on a date 27 specified by the secretary of the intermediate school board. 05622'01 13 1 (3) In an annexation of a county, TOWNSHIP, CITY, OR VILLAGE 2 if the resolution and approval are filed 90 days or more, or 20 3 days or less, before the date of the next general election, then 4 the county board of commissioners, THE TOWNSHIP BOARD, THE CITY 5 COMMON COUNCIL, COUNCIL, OR COMMISSION, OR THE VILLAGE COUNCIL, 6 AS APPLICABLE, shall call a special electionwithin the county7 to consider the annexation propositions. If the resolution and 8 approval are filed less than 90 days but more than 20 days before 9 the next general election, then the annexation propositions shall 10 be submitted to the electors of the county, TOWNSHIP, CITY, OR 11 VILLAGE at that election. 12 Sec. 63. (1) At an annexation election, the electors shall 13 vote on the propositions of annexation to the community college 14 district and the adoption of the maximum annual tax rate of the 15 community college district. Subject to subsection (2), annexa- 16 tion is effective on the date of the election if both proposi- 17 tions receive majority approval of the electors voting on the 18 propositions. Unless otherwise provided in the approved annexa- 19 tion propositions, a local school district, intermediate school 20 district,orcounty, TOWNSHIP, CITY, OR VILLAGE annexed is 21 subject to taxes levied for principal and interest of outstanding 22 bonded indebtedness of the community college district. 23 (2) If any portion of an intermediate school district, local 24 school district,orcounty, TOWNSHIP, CITY, OR VILLAGE to be 25 annexed lies within a community college district at the time of 26 the annexation election, the electors residing in that territory 05622'01 14 1 are excluded from voting on the propositions and the territory 2 does not become a part of the community college district. 3 (3) In an annexation of a county, if all or any portion of a 4 local school district lies within that county, no elector resid- 5 ing in that local school district may vote on the propositions 6 and no part of the local school district becomes part of the com- 7 munity college district if both of the following are met: 8 (a) The local school district is not part of an intermediate 9 school district that has at least 80% of its territory in the 10 county to be annexed. 11 (b) The board of education of the local school district 12 adopts a resolution that the school district elects to be 13 excluded from the annexation, and files a certified copy of the 14 resolution with the county clerk and the board of trustees within 15 15 days of the date the resolution and approval are filed with 16 the county clerk under section 61(2). 17 (4) In an annexation of 1 or more local school districts or 18 an intermediate school district, the results of the annexation 19 election shall be canvassed as provided in section 57. In an 20 annexation of a county, TOWNSHIP, CITY, OR VILLAGE, the final 21 results of the annexation election shall be canvassed by the 22countyboard of canvassers for that county, TOWNSHIP, CITY, OR 23 VILLAGE. 24 Sec. 85. (1) The board of trustees by resolution may annex 25 to a community college district any contiguous intermediate 26 school district,orcontiguous local school district, 27 CONTIGUOUS COUNTY, CONTIGUOUS TOWNSHIP, CONTIGUOUS CITY, OR 05622'01 15 1 CONTIGUOUS VILLAGE not already included within a community 2 college district. 3 (2) The board of trustees shall obtain the approval of the 4 proposed annexation from the superintendent of public 5 instruction. Upon receipt of the approval, the secretary of the 6 board of trustees shall file certified copies of the annexation 7 resolution and the approval with the secretary of the intermedi- 8 ate school board of the intermediate school district to be 9 annexed,or withthe secretary of the board of education of the 10 local school district to be annexed, OR THE CLERK OF THE COUNTY, 11 TOWNSHIP, CITY, OR VILLAGE TO BE ANNEXED, AS APPLICABLE. 12 Sec. 86. (1) In the annexation of a local school district, 13 if the resolution and approval are filed with the secretary more 14 than 90 days before the date of the annual election of the dis- 15 trict to be annexed, the board of education of the district shall 16 call a special election for voting on the propositions of 17 annexation. If the resolution and approval are filed more than 18 20 days but less than 90 days prior to the date of the annual 19 election of the district to be annexed, the board of education of 20 the district shall submit the annexation propositions to the 21 electors at the annual election. 22 (2) In the annexation of an intermediate school district, 23 the secretary of the intermediate school board of the intermedi- 24 ate school district in writing shall direct the board of educa- 25 tion of each component school district to submit the annexation 26 propositions to the electors of the school district. Each school 27 district shall hold the election at the time of the annual school 05622'01 16 1 elections if notification is given more than 20 but less than 2 90 days before the annual election date. Otherwise, each board 3 of education shall call a special election, to consider the 4 annexation propositions, on a date specified by the secretary of 5 the intermediate school board. 6 (3) IN THE ANNEXATION OF A COUNTY, TOWNSHIP, CITY, OR VIL- 7 LAGE, IF THE RESOLUTION AND APPROVAL ARE FILED 90 DAYS OR MORE, 8 OR 20 DAYS OR LESS, BEFORE THE DATE OF THE NEXT GENERAL ELECTION, 9 THEN THE COUNTY BOARD OF COMMISSIONERS, THE TOWNSHIP BOARD, THE 10 CITY COMMON COUNCIL, COUNCIL, OR COMMISSION, OR THE VILLAGE COUN- 11 CIL, AS APPLICABLE, SHALL CALL A SPECIAL ELECTION TO CONSIDER THE 12 ANNEXATION PROPOSITIONS. IF THE RESOLUTION AND APPROVAL ARE 13 FILED LESS THAN 90 DAYS BUT MORE THAN 20 DAYS BEFORE THE NEXT 14 GENERAL ELECTION, THEN THE ANNEXATION PROPOSITIONS SHALL BE SUB- 15 MITTED TO THE ELECTORS OF THE COUNTY, TOWNSHIP, CITY, OR VILLAGE 16 AT THAT ELECTION. 17 Sec. 87. (1) At an annexation election, the electors shall 18 vote on the propositions of annexation to the community college 19 district and the adoption of the maximum annual tax rate of the 20 community college district. Annexation is effective on the date 21 of the election if both propositions receive majority approval of 22 the electors voting on the proposition. 23 (2) If any portion of an intermediate school district,or24of alocal school district, COUNTY, TOWNSHIP, CITY, OR VILLAGE 25 to be annexed lies within a community college district operating 26 a community college at the time of the annexation election, the 27 electors residing in that territory are excluded from voting on 05622'01 17 1 the propositions and the territory does not become a part of the 2 community college district. 3 Sec. 88. A LOCAL school district, INTERMEDIATE SCHOOL DIS- 4 TRICT, COUNTY, TOWNSHIP, CITY, OR VILLAGE annexed by a community 5 college district under this chapter becomes a part of the commu- 6 nity college district, is subject to taxes levied within the tax 7 rate established in the community college district, and, unless 8 otherwise provided in the approved annexation propositions, is 9 subject to taxes for the payment of principal and interest of 10 outstanding bonded indebtedness of the community college 11 district. 05622'01 Final page. DAM