H.B. 5201 (H-2): COMMITTEE SUMMARY - SCHOOL CODE PETITIONS

House Bill 5201 (Substitute H-2 as passed by the House)

Sponsor: Representative Penny Crissman

Date Completed: 9-22-98

CONTENT

The bill would amend the Revised School Code to provide that petitions, as well as the circulation and signing of petitions, under the Code would be subject to the provisions and penalties prescribed in Section 488 of the Michigan Election Law. Section 488 specifies that Section 544c applies to a nominating petition for an office in a political subdivision under a statute that refers to Section 488, and to the circulation and signing of the petition. (Section 544c prescribes the size, form, content, and handling of nominating petitions; and prescribes penalties for violations of petition requirements.) Section 488 also provides that portions of Section 482 of the Election Law apply to a petition to place a question on the ballot before the electorate of a political subdivision under a statute that refers to Section 488, and to the circulation and signing of the petitions. (Section 482 prescribes the form, content, and handling of petitions for initiative or referendum.) The bill states that a person who violated provisions of the Election Law regarding a petition described in Section 488, would be subject to penalties prescribed in the Election Law.

In addition, the Revised School Code currently prescribes the petition form that must be used to submit to the electors of an intermediate school district (ISD) a question of consolidating school districts within the ISD. The bill would eliminate this provision, and require instead that a petition for consolidation be substantially in the form prescribed for other petitions under the Code.

The bill is tie-barred to House Bill 5138. (House Bill 5138, which became Public Act 142 of 1998, amended the Election Law to add Section 488 to the Election Law.)

MCL 380.853 et al. - Legislative Analyst: G. Towne

FISCAL IMPACT

Because it is difficult to determine how many local political subdivisions would be penalized under the new petition requirements, the State and local fiscal impact is indeterminate.

- Fiscal Analyst: E. LimbsS9798\S5201SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.