Senate Introduced Bill B01276

SENATE BILL No. 1276

May 7, 2002, Introduced by Senators BENNETT, MC COTTER and HART and referred to the

Committee on Education.

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.

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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

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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

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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

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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.

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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

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.

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