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).