SENATE BILL No. 444

May 1, 2001, Introduced by Senators BENNETT, HAMMERSTROM, STEIL, MC MANUS, SHUGARS and SIKKEMA and referred to the Committee on Government Operations.

A bill to amend 1966 PA 331, entitled

"Community college act of 1966,"

by amending sections 2, 17, 21, 32, 34, 34a, 36, 37, 38, 39, 42,

51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107, 122,

144, and 152 (MCL 389.2, 389.17, 389.21, 389.32, 389.34, 389.34a,

389.36, 389.37, 389.38, 389.39, 389.42, 389.51, 389.52, 389.54,

389.55, 389.56, 389.57, 389.58, 389.59, 389.62, 389.83, 389.84,

389.86, 389.105, 389.107, 389.122, 389.144, and 389.152),

section 2 as added by 1998 PA 153, sections 17, 21, 34, 37, 42,

54, 57, and 62 as amended and section 86 as added by 2000 PA 488,

section 34a as amended by 1982 PA 381, section 83 as amended by

1992 PA 20, section 122 as amended by 1984 PA 148, section 144 as

amended by 1990 PA 287, and section 152 as amended by 1990 PA 11;

and to repeal acts and parts of acts.

01376'01 DAM

2

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. A petition under section 83 or 152, including the

2 circulation and signing of the petition, is subject to section

3 488 of the Michigan election law. , 1954 PA 116, MCL 168.488.

4 A person who violates a provision of the Michigan election law ,

5 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition

6 described in this section is subject to the penalties prescribed

7 for that violation in the Michigan election law. , 1954 PA 116,

8 MCL 168.1 to 168.992.

9 Sec. 17. Except as otherwise provided in this chapter,

10 the A county board of canvassers shall conduct a THE canvass

11 of the results of any organizational election or other election

12 of the A community college district ORGANIZED UNDER THIS CHAP-

13 TER AS PRESCRIBED IN SECTION 24A OF THE MICHIGAN ELECTION LAW,

14 MCL 168.24A. If the election area involves more than 1 county,

15 the county board of canvassers of the county containing the high-

16 est valuation of the community college district or proposed com-

17 munity college district shall conduct the canvass.

18 Sec. 21. (1) The board of trustees of a community college

19 district comprised of a county or counties ORGANIZED UNDER THIS

20 CHAPTER by resolution may annex to the community college district

21 in the manner provided in this act any contiguous county, conti-

22 guous township, contiguous intermediate school district, or con-

23 tiguous local school district not already included within the

24 area of a community college district, subject to the following:

01376'01

3

1 (a) A community college district located in the Upper

2 Peninsula may annex a county, township, intermediate school

3 district, or local school district that is not contiguous.

4 (b) A community college district that has been offering

5 classes at a federal military installation located in a noncon-

6 tiguous county for a period of at least 20 years may annex that

7 noncontiguous county or that portion of the noncontiguous county

8 that is not within another community college district.

9 (2) Prior to the annexation election, the board of trustees

10 shall obtain approval of the proposed annexation from the super-

11 intendent of public instruction. Upon receipt of the approval,

12 the secretary of the board of trustees shall file certified

13 copies of the annexation resolution and the approval with the

14 clerk of the county or township to be annexed, or the secretary

15 of the board of the intermediate school district or local school

16 district to be annexed, as applicable.

17 (3) If the resolution and approval are filed more than 90

18 days OR 20 DAYS OR FEWER before the date of the next general

19 state election, then the county board of commissioners , the OR

20 township board SHALL CALL, or the board of the intermediate or

21 local school district SHALL REQUEST THAT THE APPROPRIATE LOCAL

22 CLERK CALL UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW,

23 MCL 168.315, as applicable, shall call a special election for

24 the purpose of voting on the question of annexation to the commu-

25 nity college district and of approving the maximum tax rate

26 existing in the community college district. If the resolution

27 and approval are filed less than 90 days but more than 20 days

01376'01

4

1 prior to the next general state election, then the propositions

2 shall be presented at that election.

3 (4) Annexation becomes AN ANNEXATION IS effective on the

4 date of the election if both propositions receive majority

5 approval of the electors voting on the propositions. The final

6 results of the annexation election shall be canvassed as

7 follows:

8 (a) If a county is the subject of annexation, the county

9 board of canvassers shall conduct the canvass as provided in sec-

10 tion 17.

11 (b) If a township is the subject of annexation, the township

12 board of canvassers shall conduct the canvass.

13 (c) If a local or intermediate school district is the

14 subject of annexation, the board of canvassers of the local or

15 intermediate school district shall conduct the canvass BY THE

16 APPROPRIATE BOARD OF CANVASSERS PRESCRIBED IN SECTION 24A OR 30A

17 OF THE MICHIGAN ELECTION LAW, MCL 168.24A AND 168.30A.

18 (5) By virtue of annexation, unless otherwise provided in

19 the approved annexation propositions, any territory annexed to a

20 community college district is subject to taxes levied for princi-

21 pal and interest of outstanding bonded indebtedness of the commu-

22 nity college district.

23 (6) If any portion of a county, township, or intermediate or

24 local school district to be annexed lies within a community col-

25 lege district at the time of the annexation election, then the

26 electors residing in that territory are not eligible to vote on

01376'01

5

1 the propositions and that territory does not become a part of the

2 community college district.

3 Sec. 32. (1) In the case of 2 or more CONTIGUOUS LOCAL

4 school districts FORMING A COMMUNITY COLLEGE UNDER THIS CHAPTER,

5 IF THE STATE BOARD OF EDUCATION APPROVES, the secretary of the

6 board of education of the intermediate school district BOARD

7 shall file a copy of the approval specified in section 31

8 NOTICE FROM THE STATE BOARD OF EDUCATION DESCRIBED IN SECTION 31

9 with the secretary of the SCHOOL board of education of each

10 component school district. When the filing or receipt of

11 approval from the state board of education by the secretary of

12 the board of education of a single school district occurs

13 (2) IF THE SECRETARY OF A LOCAL SCHOOL BOARD RECEIVES NOTICE

14 OF APPROVAL OF FORMATION OF A COMMUNITY COLLEGE DISTRICT, EITHER

15 FROM THE STATE BOARD OF EDUCATION UNDER SECTION 31 OR THE INTER-

16 MEDIATE SCHOOL DISTRICT UNDER SUBSECTION (1), at least 60 days

17 but not more than 6 months prior to BEFORE the next annual

18 NOVEMBER school election, the secretaries THAT LOCAL SCHOOL

19 BOARD shall include REQUEST THE APPROPRIATE LOCAL CLERK TO

20 SUBMIT the necessary community college propositions in the

21 proceedings for FOR FORMING THE COMMUNITY COLLEGE DISTRICT TO

22 THE ELECTORS AT the annual NOVEMBER SCHOOL election AS PROVIDED

23 IN SECTION 315 OF THE MICHIGAN ELECTION LAW, MCL 168.315.

24 (2) When the approval is filed with the secretaries of the

25 component school districts or approval is received by the secre-

26 tary of the board of education of a single school district

01376'01

6

1 (3) IF THE SECRETARY RECEIVES THE NOTICE OF APPROVAL more

2 than 6 months prior to OR FEWER THAN 60 DAYS BEFORE the date of

3 the annual NOVEMBER school election, each THE SCHOOL board of

4 education THE LOCAL SCHOOL DISTRICT shall REQUEST THAT THE

5 APPROPRIATE LOCAL CLERK call a special SCHOOL election to be

6 held on a date designated by the secretary of the intermediate

7 board of education of the school district having the highest val-

8 uation within the proposed community college district, for the

9 purpose of submitting the propositions relating to the establish-

10 ment of a community college district, or in the case of a single

11 school district the board of education shall call a special elec-

12 tion on a date it determines AS PROVIDED IN SECTION 315 OF THE

13 MICHIGAN ELECTION LAW, MCL 168.315. A majority of the electors

14 of the school district voting thereon shall approve the organiza-

15 tion of the community college district AT THE SPECIAL ELECTION,

16 THE NECESSARY PROPOSITIONS FOR FORMING THE COMMUNITY COLLEGE DIS-

17 TRICT SHALL BE SUBMITTED TO THE ELECTORS.

18 Sec. 34. (1) If the A community college district consists

19 of a single school district, the community college district is

20 directed and governed by a board of trustees consisting of 7 mem-

21 bers, elected at large in the territory of the district or pro-

22 posed district on a nonpartisan basis. At the organizational

23 election, the electors shall elect 3 members for 6-year terms, 2

24 for 4-year terms, and 2 for 2-year terms. After the initial

25 terms, at the next regular community college election immediately

26 preceding the expiration of a member's term of office, the

01376'01

7

1 electors shall elect the member's successor for a term of 6

2 years.

3 (2) If an organizational election is held at the same time

4 as an annual A NOVEMBER school election, the term of office of

5 each member elected shall commence on July 1 following the orga-

6 nizational election. However, if the annual school election is

7 held in November, the term OF OFFICE of each member elected

8 shall commence on the January 1 following the organizational

9 election.

10 (3) When IF an organizational election is held on a date

11 other than the date of an annual A NOVEMBER school election,

12 each board member shall take office on the fifteenth day follow-

13 ing the date of the organizational election AND SERVE UNTIL THE

14 COMMENCEMENT OF THE MEMBER'S REGULAR TERM. Regular terms THE

15 MEMBER'S REGULAR TERM of office shall commence on July 1 follow-

16 ing the next annual school election. However, if the next annual

17 school election is held in November, the regular terms of office

18 shall commence on the January 1 following the annual NEXT

19 NOVEMBER school election. If the organizational election is

20 held on a date other than the annual election date of the compo-

21 nent school district, the first year of the term of office of

22 each of the members elected to the first board of trustees shall

23 extend for the period of time remaining until July 1 or January

24 1, whichever is applicable under this subsection, following the

25 date of the annual election of the component district held not

26 less than 1 year nor more than 2 years after the date of the

27 organizational election.

01376'01

8

1 Sec. 34a. (1) If the A community college district

2 consists of 2 or more school districts, the community college

3 district shall be directed and governed by a board of trustees

4 consisting of 7 members, elected at large in the proposed commu-

5 nity college district on a nonpartisan basis. At the organiza-

6 tional election, there shall be elected 3 members for 6-year

7 terms, 2 members for 4-year terms, and 2 members for 2-year

8 terms. Thereafter, at the next regular community college elec-

9 tion immediately preceding the expiration of their terms of

10 office, their successors shall be elected for terms of 6 years.

11 (2) When the IF AN organizational election is held at the

12 same time as the annual NOVEMBER school election, the term of

13 office of each member elected shall commence on July 1 following

14 the organizational election. However, if the annual school elec-

15 tion is held in November, the term of each member elected shall

16 commence on the January 1 following the organizational

17 election.

18 (3) When the IF AN organizational election is held on a

19 date other than the date of the annual A NOVEMBER school elec-

20 tion, each board member shall take office on the fifteenth day

21 following the date of the organizational election AND SERVE UNTIL

22 THE COMMENCEMENT OF THE MEMBER'S REGULAR TERM. Regular terms

23 THE MEMBER'S REGULAR TERM of office shall commence on July 1

24 following the next annual school election. However, if the next

25 annual school election is held in November, the regular terms of

26 office shall commence on the January 1 following the annual

27 NEXT NOVEMBER school election. When the organizational election

01376'01

9

1 is held on a date other than the annual school election, the

2 first year of the term of office of each of the members elected

3 to the first board of trustees shall extend for the period of

4 time remaining until July 1 or January 1, whichever is applicable

5 under this subsection, following the date of the annual school

6 election.

7 (4) In the case of an existing community college district

8 consisting of 2 or more school districts, the board of trustees

9 as presently constituted shall continue to serve until the next

10 regular community college election which occurs after April 5,

11 1978. At that time, additional members shall be elected in num-

12 bers and for terms so that, together with existing board members

13 whose terms are not expiring, there will be 2 members whose terms

14 expire 2 years after the election, 3 members whose terms expire 4

15 years after the election, and 2 members whose terms expire 6

16 years after the election.

17 (5) The term of any member serving on the effective date of

18 this subsection, in a district which elects members in November,

19 shall terminate on January 1 of the calendar year in which the

20 member's term otherwise would have expired, but for this

21 subsection.

22 Sec. 36. (1) The provisions of sections 531 to 540 of Act

23 No. 269 of the Public Acts of 1955, as amended, being sections

24 340.531 to 340.540 of the Compiled Laws of 1948, shall govern the

25 conduct and procedures of the community college election con-

26 ducted by local school boards under this chapter. (2) Where IF

27 part of a local school district is in another community college

01376'01

10

1 district, only those electors residing in the remainder THAT

2 PART of the school district shall be NOT IN THE OTHER COMMUNITY

3 COLLEGE DISTRICT ARE eligible to vote in the organizational elec-

4 tion or in subsequent community college elections.

5 Sec. 37. The APPROPRIATE board of canvassers of the local

6 or intermediate school districts whose electors are eligible to

7 vote in an election UNDER SECTION 24A OR 30A OF THE MICHIGAN

8 ELECTION LAW, MCL 168.24A AND 168.30A, shall conduct a canvass of

9 the results of the AN election UNDER THIS CHAPTER. THE BOARD

10 OF CANVASSERS SHALL CONDUCT THE CANVASS within 3 days of the

11 election. For an organizational election, the board of canvass-

12 ers appointed by the secretaries of the boards of the component

13 school districts meeting jointly shall conduct the final

14 canvass. For a community college district election, other than

15 an organizational election, except as otherwise provided in this

16 chapter, the board of canvassers appointed by the board of trust-

17 ees of the community college district shall conduct the final

18 canvass. In the case of a community college district consisting

19 entirely of 1 school district, the board of canvassers for elec-

20 tions in that school district shall conduct the final canvass.

21 Sec. 38. (1) The A regular community college election

22 shall be IS held at the same time as the annual NOVEMBER

23 school elections of the constituent school districts held in the

24 odd numbered years on the date prescribed for annual school elec-

25 tions in sections 34, 72 and 108 of Act No. 269 of the Public

26 Acts of 1955, as amended ELECTION. If any component

27 CONSTITUENT LOCAL OR INTERMEDIATE school district holds its

01376'01

11

1 annual school election on a different date, the board of such

2 THAT district shall REQUEST THAT THE APPROPRIATE LOCAL CLERK

3 UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW, MCL 168.315, call

4 a special election to be held on the same day as that above

5 prescribed. The election shall be conducted in the same manner

6 provided by sections 531 to 540 of Act No. 269 of the Public Acts

7 of 1955, as amended DATE OF THE NOVEMBER SCHOOL ELECTION. A

8 CONSTITUENT COUNTY SHALL CALL A SPECIAL ELECTION TO BE HELD ON

9 THE DATE OF THE NOVEMBER SCHOOL ELECTION.

10 (2) At the regular elections separate A REGULAR ELECTION,

11 IN ADDITION TO THE ELECTION OF TRUSTEES, SPECIAL propositions may

12 be submitted to the electors in addition to the election of

13 trustees of the community college district when authorized by

14 the board of trustees.

15 Sec. 39. (1) Special elections of the community college

16 district may be called by the THE board of trustees OF A COMMU-

17 NITY COLLEGE DISTRICT ORGANIZED UNDER THIS CHAPTER MAY REQUEST

18 THAT THE APPROPRIATE LOCAL CLERK UNDER SECTION 315 OF THE

19 MICHIGAN ELECTION LAW, MCL 168.315, CALL A SPECIAL ELECTION. The

20 secretary of the board shall file a copy of the resolution of the

21 board calling the REQUESTING THE CALL OF A SPECIAL election

22 with the secretaries of the EACH component LOCAL AND

23 INTERMEDIATE school districts DISTRICT AND THE CLERK OF EACH

24 COMPONENT COUNTY, AS APPLICABLE, at least 60 days prior to

25 BEFORE the date of the election. The REQUEST TO THE APPROPRIATE

26 LOCAL CLERK AND THE resolution of the board shall contain a

27 statement of the propositions to be submitted to the electors.

01376'01

12

1 (2) The board of education of each component LOCAL AND

2 INTERMEDIATE school district AND THE CLERK OF EACH COMPONENT

3 COUNTY, AS APPLICABLE, shall REQUEST THAT THE APPROPRIATE LOCAL

4 CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW,

5 MCL 168.315, call the special election on the date specified in

6 the resolution of the board of trustees.

7 Sec. 42. (1) In the annexation of a local school district,

8 if the resolution and approval are filed with the secretary more

9 than 90 OR 20 OR FEWER days before the date of the annual A

10 NOVEMBER SCHOOL election, of the district to be annexed, the

11 board of education of the district shall REQUEST THAT THE APPRO-

12 PRIATE LOCAL CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION

13 LAW, MCL 168.315, call a special SCHOOL election for voting on

14 the annexation on a date specified by the secretary of the board

15 of trustees of the community college district. If the resolution

16 and approval are filed more than 20 days but less than 90 days

17 prior to the date of the annual NOVEMBER SCHOOL election, of

18 the district to be annexed, the board of education of the LOCAL

19 SCHOOL district shall REQUEST THAT THE APPROPRIATE LOCAL CLERK

20 UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW, MCL 168.315,

21 submit the annexation proposition to the electors at the annual

22 NOVEMBER SCHOOL election.

23 (2) In the annexation of an intermediate school district,

24 the secretary of the intermediate school board of the intermedi-

25 ate school district in writing shall direct the board of educa-

26 tion of each component LOCAL school district to submit the

27 annexation propositions to the electors of the school district.

01376'01

13

1 Each school district shall CALL AND hold the election at the time

2 of the annual school elections NOVEMBER SCHOOL ELECTION if

3 notification is given more than 20 but less FEWER than 90 days

4 before the annual DATE OF THE NOVEMBER SCHOOL election. date.

5 Otherwise, each board of education shall REQUEST THAT THE APPRO-

6 PRIATE LOCAL CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION

7 LAW, MCL 168.315, call a special election , to consider the

8 annexation propositions. , on a date specified by the secretary

9 of the intermediate school board.

10 (3) In the annexation of a county, if the resolution and

11 approval are filed 90 days or more, or 20 days or less FEWER,

12 before the date of the next general election, then the county

13 board of commissioners CLERK shall call a special election

14 within the county to consider the annexation propositions. If

15 the resolution and approval are filed less FEWER than 90 days

16 but more than 20 days before the next general election, then the

17 annexation propositions shall be submitted to the electors of the

18 county at that election.

19 Sec. 51. (1) The board of education of an intermediate

20 school district or the boards of 2 or more adjoining intermediate

21 school districts acting as a single board may direct that the

22 question of coming under the provisions of this act be submitted

23 to the school electors of the territory affected at the annual

24 school elections or at special school elections held in the local

25 school districts of such territory. If any school district holds

26 its annual election on a different date, it shall call a special

27 election to be held on the same day of the annual elections.

01376'01

14

1 (2) The board of education of the intermediate school

2 district or the joint board of 2 or more intermediate school dis-

3 tricts shall designate the territory to be included in the pro-

4 posed community college district and a uniform property tax ques-

5 tion for the support of the community college, both propositions

6 being subject to the approval of the state board of education.

7 THE BOARD OF AN INTERMEDIATE SCHOOL DISTRICT OR THE BOARDS OF 2

8 OR MORE CONTIGUOUS INTERMEDIATE SCHOOL DISTRICTS ACTING AS A

9 SINGLE BOARD MAY FORM A COMMUNITY COLLEGE DISTRICT UNDER THIS

10 CHAPTER. THE BOARD OF THE INTERMEDIATE SCHOOL DISTRICT OR JOINT

11 BOARD OF THE CONTIGUOUS INTERMEDIATE SCHOOL DISTRICTS SHALL DES-

12 IGNATE THE TERRITORY OF THE PROPOSED COMMUNITY COLLEGE DISTRICT

13 AND REFER THE QUESTIONS OF ORGANIZING THE COMMUNITY COLLEGE DIS-

14 TRICT AND THE PROPOSED ANNUAL TAX RATE TO THE SUPERINTENDENT OF

15 PUBLIC INSTRUCTION FOR APPROVAL. IF THE SUPERINTENDENT OF PUBLIC

16 INSTRUCTION APPROVES, HE OR SHE SHALL NOTIFY THE BOARD OF THE

17 INTERMEDIATE SCHOOL DISTRICT OR JOINT BOARD, WHICH SHALL REQUEST

18 THAT THE APPROPRIATE LOCAL CLERK UNDER SECTION 315 OF THE

19 MICHIGAN ELECTION LAW, MCL 168.315, INCLUDE THE NECESSARY PROPO-

20 SITIONS FOR FORMING THE COMMUNITY COLLEGE DISTRICT TO THE ELEC-

21 TORS IN THE DESIGNATED TERRITORY AT THE NOVEMBER SCHOOL ELECTION

22 OR AT A SPECIAL ELECTION CALLED FOR THAT PURPOSE.

23 Sec. 52. (1) The secretary of the board of education of

24 the intermediate school district, OR THE SECRETARY OF THE BOARD

25 OF THE INTERMEDIATE SCHOOL DISTRICT having the highest valuation

26 in the proposed community college district FOR A COMMUNITY

27 COLLEGE FORMED BY 2 OR MORE CONTIGUOUS INTERMEDIATE SCHOOL

01376'01

15

1 DISTRICTS, shall file a copy of the approval OF THE

2 SUPERINTENDENT OF PUBLIC INSTRUCTION, specified in section 51

3 together with the propositions to be submitted TO THE ELECTORS,

4 with the secretary of the board of education of each component

5 LOCAL school district. When

6 (2) IF THE SECRETARY OF A LOCAL SCHOOL BOARD RECEIVES the

7 filing is made DESCRIBED IN SUBSECTION (1) at least 60 days but

8 not more than 6 months prior to the next annual NOVEMBER school

9 election, each THAT secretary shall REQUEST THAT THE APPROPRI-

10 ATE LOCAL CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW,

11 MCL 168.315, include the necessary community college propositions

12 FOR FORMING THE COMMUNITY COLLEGE DISTRICT with the proceedings

13 for the annual NOVEMBER school election.

14 (3) (2) When the approval is filed with IF the secretary

15 of each A component district LOCAL SCHOOL DISTRICT RECEIVES

16 THE FILING DESCRIBED IN SUBSECTION (1) more than 6 months OR

17 FEWER THAN 60 DAYS prior to the date of the annual NOVEMBER

18 school election, each board of education THE BOARD OF THAT

19 DISTRICT shall REQUEST THAT THE APPROPRIATE LOCAL CLERK UNDER

20 SECTION 315 OF THE MICHIGAN ELECTION LAW, MCL 168.315, call a

21 special election. , to be held on a date designated by the sec-

22 retary of the intermediate board of education of the school dis-

23 trict having the highest valuation within the proposed community

24 college district for the purpose of submitting AT THE ELECTION,

25 the propositions relating to the establishment of the community

26 college district SHALL BE SUBMITTED TO THE ELECTORS.

01376'01

16

1 Sec. 54. (1) A community college district is directed and

2 governed by a board of trustees, consisting of 7 members except

3 as provided in subsection (4), elected at large in the territory

4 of the district or proposed district on a nonpartisan basis. At

5 the organizational election, the electors shall elect 3 members

6 for 6-year terms, 2 for 4-year terms, and 2 for 2-year terms.

7 after the initial terms, the electors shall elect members for

8 6-year terms.

9 (2) If an organizational election is held at the same time

10 as an annual A NOVEMBER school election, the term of office of

11 each member elected shall commence on July JANUARY 1 following

12 the organizational election.

13 (3) When IF an organizational election is held on a date

14 other than the date of an annual A NOVEMBER school election,

15 each board member shall take office on the fifteenth day follow-

16 ing the date of the organizational election AND SERVE UNTIL THE

17 COMMENCEMENT OF THE MEMBER'S REGULAR TERM. Regular terms THE

18 MEMBER'S REGULAR TERM of office shall commence on July JANUARY

19 1 following the next annual NOVEMBER school election. If the

20 organizational election is held on a date other than the annual

21 election date of the component school districts, the first year

22 of the term of office of each of the members elected to the first

23 board of trustees shall extend for the period of time remaining

24 until July 1 following the date of the annual election of the

25 component districts held not less than 1 year nor more than 2

26 years from the date of the organizational election.

01376'01

17

1 (4) If a contiguous county is annexed to a community college

2 district under this chapter, the electors of the annexed county

3 shall elect 2 additional members to the board of trustees of the

4 community college district, elected at large in the annexed

5 county on a nonpartisan basis for a term of 6 years. The term of

6 office of an additional member shall commence 15 days after the

7 date of certification of his or her election, at either a general

8 election or a special election of the annexed county held within

9 6 months of the election approving of the annexation. Each addi-

10 tional member, and his or her replacement if a vacancy occurs

11 during the 6-year term, shall be an elector of the annexed

12 county. After the initial 6-year term, the 2 additional board

13 positions are abolished, and the board of trustees shall consist

14 of 7 members, elected as provided in subsection (1).

15 Sec. 55. (1) A community college district shall be estab-

16 lished if a IS ESTABLISHED UNDER THIS CHAPTER ONLY IF BOTH OF

17 THE FOLLOWING OCCUR:

18 (A) A majority of the electors voting in the proposed commu-

19 nity college district area approve the organization of the

20 district. and elect a

21 (B) A board of trustees in the proper number IS ELECTED BY A

22 MAJORITY OF THE VOTING ELECTORS.

23 (2) A majority of the electors of VOTING IN the community

24 college district shall approve the establishment of THE PROPO-

25 SITION ESTABLISHING the maximum annual tax rate FOR THE COMMUNITY

26 COLLEGE DISTRICT. If the proposition to establish the maximum

27 annual tax rate fails to DOES NOT receive approval of a proper

01376'01

18

1 majority of the electors voting in the proposed community college

2 district area and a community college district is established

3 under the provisions of this section THE REQUIRED VOTE OF THE

4 ELECTORS, the proposition to establish the maximum annual tax

5 rate may be resubmitted at a regular election or at a special

6 election called by THE APPROPRIATE LOCAL CLERK UNDER SECTION 315

7 OF THE MICHIGAN ELECTION LAW, MCL 168.315, AT THE REQUEST OF the

8 board of trustees. for that purpose. If the proposition to

9 establish the maximum annual tax rate fails after being submitted

10 3 times, the community college district is dissolved.

11 Sec. 56. (1) The provisions of sections 531 to 540 of Act

12 No. 269 of the Public Acts of 1955, as amended, shall govern the

13 conduct and procedures of the community college election con-

14 ducted by local school boards under this chapter. (2) In those

15 instances where IF part of a local school district is in another

16 community college district, only those electors residing in the

17 remainder THAT PART of the school district shall be NOT IN THE

18 OTHER COMMUNITY COLLEGE DISTRICT ARE eligible to vote in the

19 organizational election and in subsequent elections of the commu-

20 nity college district.

21 Sec. 57. The boards of canvassers of the school districts

22 whose electors are eligible to vote in an election APPROPRIATE

23 BOARD OF CANVASSERS PRESCRIBED IN SECTION 24A OR 30A OF THE

24 MICHIGAN ELECTION LAW, MCL 168.24A AND 168.30A, shall conduct a

25 canvass of the results of the election within 3 days of the AN

26 election UNDER THIS CHAPTER. For an organizational election,

27 the board of canvassers of the intermediate school district

01376'01

19

1 having the highest valuation within the proposed community

2 college district shall conduct the final canvass. For a commu-

3 nity college district election other than an organizational elec-

4 tion, except as otherwise provided in this chapter, the board of

5 canvassers appointed by the board of trustees of the community

6 college shall conduct the final canvass.

7 Sec. 58. (1) The first regular election of a community

8 college district shall be held at the time of the annual elec-

9 tions of the component school districts held not less than 2

10 years nor more than 3 years from the date of the organizational

11 election. The date of the annual school elections referred to in

12 this chapter is the date prescribed for annual school elections

13 in sections 34, 72 and 108 of Act No. 269 of the Public Acts of

14 1955, as amended. If any school district holds its annual elec-

15 tion on a different date, the board of this district shall call a

16 special election for the community college district to be held on

17 the same day as prescribed in this chapter. The period of time

18 between the annual election dates shall be construed as being 1

19 year. EXCEPT AS PROVIDED IN SUBSECTION (2), A REGULAR COMMUNITY

20 COLLEGE ELECTION IS HELD AT THE SAME TIME AS THE NOVEMBER SCHOOL

21 ELECTION. A CONSTITUENT COUNTY SHALL CALL A SPECIAL ELECTION TO

22 BE HELD ON THE DATE OF THE NOVEMBER SCHOOL ELECTION.

23 (2) Subsequent regular elections of the community college

24 district shall be held biennially thereafter on the annual school

25 election dates, unless the THE board of trustees determines to

26 OF A COMMUNITY COLLEGE DISTRICT MAY hold its election at the same

27 time and in conjunction with a city election as provided in

01376'01

20

1 section 644k of Act No. 116 of the Public Acts of 1954, as

2 added, being section 168.644k of the Compiled Laws of 1948 THE

3 MICHIGAN ELECTION LAW, MCL 168.644K.

4 (3) At the regular elections A REGULAR ELECTION, IN ADDI-

5 TION TO THE ELECTION OF TRUSTEES, special propositions may be

6 submitted to the electors in addition to the election of

7 trustees when authorized by the board of trustees.

8 Sec. 59. (1) Special elections of the community college

9 district may be called by the THE board of trustees OF A COMMU-

10 NITY COLLEGE DISTRICT ORGANIZED UNDER THIS CHAPTER MAY REQUEST

11 THAT THE APPROPRIATE LOCAL CLERK UNDER SECTION 315 OF THE

12 MICHIGAN ELECTION LAW, MCL 168.315, CALL A SPECIAL ELECTION. The

13 secretary of the board shall file a copy of the resolution of the

14 board calling the A SPECIAL election with the secretary of each

15 of the component LOCAL AND INTERMEDIATE school districts

16 DISTRICT AND THE CLERK OF EACH COMPONENT COUNTY, AS APPLICABLE,

17 at least 60 days prior to the date of the election. The resolu-

18 tion shall contain a statement of the proposition to be submitted

19 to the electors. (2) The board of education of each component

20 LOCAL AND INTERMEDIATE school district AND THE CLERK OF EACH COM-

21 PONENT COUNTY, AS APPLICABLE, shall REQUEST THAT THE APPROPRIATE

22 LOCAL CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW,

23 MCL 168.315, call the special election. on the date specified in

24 the resolution.

25 Sec. 62. (1) In an annexation of 1 or more local school

26 districts, if the resolution and approval are filed with each

27 secretary more than 90 OR 20 OR FEWER days before the date of the

01376'01

21

1 annual NOVEMBER SCHOOL election, of the districts to be

2 annexed, the board of education of each district shall REQUEST

3 THAT THE APPROPRIATE LOCAL CLERK UNDER SECTION 315 OF THE

4 MICHIGAN ELECTION LAW, MCL 168.315, call a special election for

5 voting on the propositions of annexation. If the resolution and

6 approval are filed more than 20 days but less than 90 days prior

7 to the date of the annual NOVEMBER SCHOOL election, of each

8 district to be annexed, the board of education of each district

9 shall REQUEST THAT THE APPROPRIATE LOCAL CLERK UNDER SECTION 315

10 OF THE MICHIGAN ELECTION LAW, MCL 168.315, submit annexation

11 propositions to its THE electors at the annual NOVEMBER

12 SCHOOL election.

13 (2) In an annexation of an intermediate school district, the

14 secretary of the intermediate school board of the intermediate

15 school district in writing shall direct the board of education of

16 each component LOCAL school district to submit the annexation

17 propositions to the electors of that component school district.

18 Each school district shall REQUEST THAT THE APPROPRIATE LOCAL

19 CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW,

20 MCL 168.315, CALL AND hold the election at the time of its

21 annual school elections THE NOVEMBER SCHOOL ELECTION if notifi-

22 cation is given to each school district more than 20 but less

23 FEWER than 90 days before the annual election date OF THE

24 NOVEMBER SCHOOL ELECTION. Otherwise, each board of education

25 shall REQUEST THAT THE APPROPRIATE LOCAL CLERK UNDER SECTION 315

26 OF THE MICHIGAN ELECTION LAW, MCL 168.315, call a special

27 election , to consider the annexation propositions. , on a

01376'01

22

1 date specified by the secretary of the intermediate school

2 board.

3 (3) In an annexation of a county, if the resolution and

4 approval are filed 90 days or more, or 20 days or less FEWER,

5 before the date of the next general election, then the county

6 board of commissioners CLERK shall call a special election

7 within the county to consider the annexation propositions. If

8 the resolution and approval are filed less FEWER than 90 days

9 but more than 20 days before the next general election, then the

10 annexation propositions shall be submitted to the electors of the

11 county at that election.

12 Sec. 83. (1) In the November, 1984 general election and

13 every 4 years after that election until the November, 1992 gen-

14 eral election, 9 members of the board of trustees of a community

15 college district established under this chapter shall be elected

16 for a term of 4 years. Each member shall represent a trustee

17 district described in section 82. (2) For the members A MEMBER

18 of the board of trustees of a community college established under

19 this chapter elected in the November, 1992 general election, the

20 members receiving the 3 highest number of votes in the election

21 each shall be elected for a term of 6 years, the members receiv-

22 ing the 3 next highest number of votes in the election each shall

23 be elected for a term of 4 years, and the members receiving the 3

24 lowest number of votes each shall be elected for a 2-year term.

25 A member elected after the November, 1992 term shall be elected

26 for a term of 6 years unless he or she is elected to fill a

27 vacancy for the unexpired term under subsection (6) (5).

01376'01

23

1 (2) (3) Each A candidate for trustee shall be nominated at

2 a nonpartisan primary election conducted pursuant to the Michigan

3 election law. , Act No. 116 of the Public Acts of 1954, being

4 sections 168.1 to 168.992 of the Michigan Compiled Laws. The

5 nominating petitions shall contain not less than 250, or more

6 than 500 signatures of registered school electors of the appro-

7 priate trustee district ; shall meet the requirements of section

8 544c of Act No. 116 of the Public Acts of 1954, being section

9 168.544c of the Michigan Compiled Laws; and shall be filed with

10 the clerk of the county in which the community college district

11 is located on or before 4 p.m. of the twelfth Tuesday before the

12 primary election. A signature on a nominating petition shall not

13 be valid unless the petitioner is a registered school elector of

14 the trustee district in which the candidate is running for

15 election. The county clerk may compare the signatures on the

16 petitions with the signatures appearing on the registration

17 records or in some other proper manner determine whether the sig-

18 natures appearing on the petition are genuine and comply with the

19 requirements of this section. Not more than 2 candidates shall

20 be nominated at the primary election for each trustee district.

21 (3) (4) Each of the 9 trustees shall commence his or her

22 term of office on January 1 following his or her election.

23 (4) (5) A candidate for the office of board member repre-

24 senting a trustee district or a person appointed to fill a

25 vacancy pursuant to subsection (6) (5) shall be 18 years of age

26 or older at the time of his or her election or appointment and

27 shall be a registered school AN elector residing in the trustee

01376'01

24

1 district in which the person becomes a candidate or which the

2 person is appointed to represent. If a member representing a

3 trustee district ceases to reside in the trustee district during

4 the trustee's term of office, it shall constitute IS a vacating

5 of office.

6 (5) (6) If a vacancy occurs on the board of trustees, the

7 vacancy shall be filled from among registered school electors

8 of the trustee district by majority vote of the remaining board

9 members. If a person is appointed to fill a vacancy in a trustee

10 district for which the unexpired term is more than 1 year and 8

11 months, that person shall serve until January 1 following the

12 next general election. At that next general election the vacancy

13 shall be filled for the unexpired term. A vacancy shall not be

14 filled later than 60 days before a primary election at which

15 voting district board members are to be nominated.

16 (6) (7) Special elections may be called by the board of

17 trustees pursuant to IN THE SAME MANNER AS IN chapters 1 and 2.

18 , except that the county or the constituent school districts

19 shall pay for the cost of those elections until such time as the

20 authorization to levy a tax is established.

21 Sec. 84. The board of trustees OF A COMMUNITY COLLEGE DIS-

22 TRICT FORMED UNDER THIS CHAPTER shall submit to the electors of

23 the COMMUNITY COLLEGE district the proposition to establish the

24 maximum annual tax rate. If the proposition to establish the

25 maximum annual tax rate fails to receive a proper majority of the

26 electors voting in the community college district at the first

27 election held for that purpose, the proposition to establish the

01376'01

25

1 maximum annual tax rate may be resubmitted at a regular election

2 or at a special election called by AN APPROPRIATE LOCAL CLERK

3 UNDER SECTION 315 OF THE MICHIGAN ELECTION LAW, MCL 168.315, AT

4 THE REQUEST OF the board of trustees for that purpose. In no

5 event shall such an election be called by the THE board of

6 trustees SHALL NOT REQUEST THAT THE APPROPRIATE LOCAL CLERK UNDER

7 SECTION 315 OF THE MICHIGAN ELECTION LAW, MCL 168.315, CALL AN

8 ELECTION FOR THAT PURPOSE more often than once in any 9-month

9 period.

10 Sec. 86. (1) In the annexation of a local school district,

11 if the resolution and approval are filed with the secretary more

12 than 90 OR 20 OR FEWER days before the date of the annual

13 NOVEMBER SCHOOL election, of the district to be annexed, the

14 board of education of the district shall REQUEST THAT THE APPRO-

15 PRIATE LOCAL CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION

16 LAW, MCL 168.315, call a special election for voting on the prop-

17 ositions of annexation. If the resolution and approval are filed

18 more than 20 days but less than 90 days prior to the date of the

19 annual NOVEMBER SCHOOL election, of the district to be

20 annexed, the board of education of the district shall REQUEST

21 THAT THE APPROPRIATE LOCAL CLERK UNDER SECTION 315 OF THE

22 MICHIGAN ELECTION LAW, MCL 168.315, submit the annexation propo-

23 sitions to the electors at the annual NOVEMBER SCHOOL

24 election.

25 (2) In the annexation of an intermediate school district,

26 the secretary of the intermediate school board of the

27 intermediate school district in writing shall direct the board of

01376'01

26

1 education of each component LOCAL school district to submit the

2 annexation propositions to the electors of the THAT COMPONENT

3 school district. Each school district shall REQUEST THAT THE

4 APPROPRIATE LOCAL CLERK UNDER SECTION 315 OF THE MICHIGAN ELEC-

5 TION LAW, MCL 168.315, CALL AND hold the election at the time of

6 the annual school elections NOVEMBER SCHOOL ELECTION if notifi-

7 cation is given more than 20 but less FEWER than 90 days before

8 the annual election date OF THE NOVEMBER SCHOOL ELECTION.

9 Otherwise, each board of education shall REQUEST THAT THE APPRO-

10 PRIATE LOCAL CLERK UNDER SECTION 315 OF THE MICHIGAN ELECTION

11 LAW, MCL 168.315, call a special election , to consider the

12 annexation propositions. , on a date specified by the secretary

13 of the intermediate school board.

14 Sec. 105. (1) A community college means an educational

15 institution providing, primarily for all persons above the

16 twelfth grade age level and primarily for those within commuting

17 distance, collegiate and noncollegiate level education including

18 area vocational-technical education programs which may result in

19 the granting of diplomas and certificates including those known

20 as associate degrees but not including baccalaureate or higher

21 degrees.

22 (2) An area vocational-education program means a program of

23 organized systematic instruction designed to prepare the follow-

24 ing individuals for useful employment in recognized occupations:

25 (a) Persons who have completed or left high school and who

26 are available for full-time study in preparation for entering the

27 labor market.

01376'01

27

1 (b) Persons who have already entered the labor market and

2 who need training to achieve stability or advancement in

3 employment.

4 (c) Persons enrolled in high school.

5 (3) When programs or courses are provided for persons

6 enrolled in high school, the provision of the programs or courses

7 shall be requested for each of the individuals by the superinten-

8 dent or his designated representative of the school district in

9 which the person is enrolled.

10 (4) The word "area" AS USED IN THIS ACT:

11 (A) "AREA", in the phrase TERM "area vocational-technical

12 education program", refers to MEANS the geographical territory

13 of the district, and whatever ANY territory without OUTSIDE

14 OF the district as THAT is designated as the service area of

15 the district by the state board of education SUPERINTENDENT OF

16 PUBLIC INSTRUCTION. A community college is eligible to receive

17 such ANY state aid and assistance as may be appropriated by

18 the legislature for the aid and support of junior colleges or

19 community colleges.

20 (B) "AREA VOCATIONAL-EDUCATION PROGRAM" MEANS A PROGRAM OF

21 ORGANIZED SYSTEMATIC INSTRUCTION DESIGNED TO PREPARE THE FOLLOW-

22 ING INDIVIDUALS FOR USEFUL EMPLOYMENT IN RECOGNIZED OCCUPATIONS:

23 (i) A PERSON WHO HAS COMPLETED OR LEFT HIGH SCHOOL AND WHO

24 IS AVAILABLE FOR FULL-TIME STUDY IN PREPARATION FOR ENTERING THE

25 LABOR MARKET.

01376'01

28

1 (ii) A PERSON WHO HAS ALREADY ENTERED THE LABOR MARKET AND

2 WHO NEEDS TRAINING TO ACHIEVE STABILITY OR ADVANCEMENT IN

3 EMPLOYMENT.

4 (iii) A PERSON ENROLLED IN HIGH SCHOOL. WHEN A PROGRAM OR

5 COURSE IS PROVIDED FOR A PERSON ENROLLED IN HIGH SCHOOL, THE

6 SUPERINTENDENT OF THE SCHOOL DISTRICT IN WHICH THE PERSON IS

7 ENROLLED OR HIS OR HER DESIGNATED REPRESENTATIVE SHALL REQUEST

8 THAT THE PROGRAM OR COURSE BE PROVIDED TO THE PERSON.

9 (C) "COMMUNITY COLLEGE" MEANS AN EDUCATIONAL INSTITUTION

10 PROVIDING COLLEGIATE AND NONCOLLEGIATE LEVEL EDUCATION PRIMARILY

11 TO INDIVIDUALS ABOVE THE TWELFTH GRADE AGE LEVEL WITHIN COMMUTING

12 DISTANCE. THE TERM INCLUDES AN AREA VOCATIONAL-TECHNICAL EDUCA-

13 TION PROGRAM THAT MAY RESULT IN THE GRANTING OF AN ASSOCIATE

14 DEGREE OR OTHER DIPLOMA OR CERTIFICATE, BUT NOT AN EDUCATIONAL

15 INSTITUTION OR PROGRAM GRANTING BACCALAUREATE OR HIGHER DEGREES.

16 (D) "GENERAL ELECTION" OR "GENERAL STATE ELECTION" MEANS THE

17 TERM GENERAL NOVEMBER ELECTION AS DEFINED IN SECTION 3 OF THE

18 MICHIGAN ELECTION LAW, MCL 168.3.

19 (E) "MICHIGAN ELECTION LAW" MEANS THE MICHIGAN ELECTION LAW,

20 1954 PA 116, MCL 168.1 TO 168.992.

21 (F) "NOVEMBER SCHOOL ELECTION" MEANS THAT TERM AS DEFINED IN

22 SECTION 17 OF THE MICHIGAN ELECTION LAW, MCL 168.17.

23 (G) "SPECIAL ELECTION" MEANS THAT TERM AS DEFINED IN

24 SECTION 6 OF THE MICHIGAN ELECTION LAW, MCL 168.6.

25 Sec. 107. (1) An elector of a community college district

26 shall possess the qualifications provided for in article 2 of the

27 state constitution ELECTION UNDER THIS ACT SHALL BE CALLED,

01376'01

29

1 ADMINISTERED, CONDUCTED, AND CANVASSED AS PROVIDED IN THIS ACT

2 AND THE MICHIGAN ELECTION LAW.

3 (2) A SPECIAL ELECTION UNDER THIS ACT SHALL BE HELD ON AN

4 ELECTION DATE ESTABLISHED UNDER SECTION 644 OF THE MICHIGAN ELEC-

5 TION LAW, MCL 168.644.

6 Sec. 122. The board of trustees OF A COMMUNITY COLLEGE

7 DISTRICT may DO 1 OR MORE OF THE FOLLOWING:

8 (a) Borrow, subject to the provisions of the municipal

9 finance act, Act No. 202 of the Public Acts of 1943, as amended,

10 being sections 131.1 to 139.3 of the Michigan Compiled Laws 1943

11 PA 202, MCL 131.1 TO 139.3, for community college purposes

12 including capital expenditures, such sums ANY SUM of money

13 and on such ANY terms as it deems desirable, and give notes

14 of the district therefor IN CONNECTION WITH THE BORROWING.

15 When the IF A borrowing by a newly organized community college

16 district is in anticipation of the collection of the first tax

17 levy of such THAT district, the loan shall not exceed 50% of

18 the estimated amount of the first tax levy.

19 (b) Borrow, subject to the provisions of the municipal

20 finance act, Act No. 202 of the Public Acts of 1943, as amended,

21 such sums 1943 PA 202, MCL 131.1 TO 139.3, ANY SUM of money as

22 it deems necessary and issue bonds of the community college dis-

23 trict therefor IN CONNECTION WITH THE BORROWING, to purchase

24 sites for buildings, playgrounds, athletic fields, or agricul-

25 tural farms; to purchase or erect and equip any building or

26 buildings , which THAT it is authorized to purchase and erect;

27 to make any permanent improvement which THAT it is authorized

01376'01

30

1 to make; or in part FOR ANY OF THESE PURCHASES OR IMPROVEMENTS

2 AND IN PART to refund existing bonded indebtedness. , and in

3 part for any of the aforesaid purposes. A loan shall not be made

4 and bonds shall not be issued for any sum which THAT, together

5 with the total outstanding bonded indebtedness of the district,

6 including bonds voted but not issued, exceeds the total of 1-<1/2>%

7 of the first $250,000,000.00 plus 1% of the excess over

8 $250,000,000.00 of the last confirmed state equalized valuation

9 of all taxable property in the district unless the proposition of

10 making the loan or of issuing bonds has been submitted first to

11 a vote APPROVED BY A MAJORITY of the qualified electors of the

12 district , at a general REGULAR or special election , and

13 approved by the majority of the electors voting thereon OF THE

14 DISTRICT, in which event loans may be made or bonds may be issued

15 in an amount not to exceed 15% of the total state equalized valu-

16 ation of the district. The refunding part of any bond issue

17 shall not be IS NOT included within the THESE limitations

18 but shall be deemed to be AND IS authorized in addition

19 thereto TO THESE LIMITATIONS. The bonded indebtedness of the

20 district shall not extend beyond a period of 30 years for money

21 borrowed. Bonds or obligations issued under this act shall not

22 be purchased by the THIS state.

23 (c) Provide for energy conservation improvements to be made

24 to community college facilities. and THE DISTRICT may pay for

25 the improvements from operating funds of the district or from the

26 savings which result from the energy conservation improvements.

27 Energy conservation improvements may include, but are not limited

01376'01

31

1 to, heating system improvements, fenestration improvements, roof

2 improvements, the installation of any insulation, the installa-

3 tion or repair of heating or air conditioning controls, and

4 entrance or exit way closures. The board of trustees may acquire

5 1 or more energy conservation improvements by installment con-

6 tract or may borrow money and issue notes for the purpose of

7 securing funds for the improvements or may enter into contracts

8 in which the cost of the energy conservation improvements is paid

9 from a portion of the savings which result from the energy con-

10 servation improvements. These contractual agreements may provide

11 that the cost of the energy conservation improvements are paid

12 only if the energy savings are sufficient to cover their cost.

13 An installment contract or notes issued pursuant to this subdivi-

14 sion shall extend for a period of time not to exceed 10 years.

15 Notes issued pursuant to this subdivision shall be full faith and

16 credit, tax limited obligations of the community college dis-

17 trict, payable from tax levies and the general fund as pledged by

18 the board of trustees. The notes shall be subject to the munici-

19 pal finance act, Act No. 202 of the Public Acts of 1943 1943

20 PA 202, MCL 131.1 TO 139.3. The notes shall bear interest at a

21 rate determined by the board of trustees, not to exceed the rate

22 provided in section 1a of chapter III of the municipal finance

23 act, Act No. 202 of the Public Acts of 1943, being section

24 133.1a of the Michigan Compiled Laws 1943 PA 202, MCL 133.1A.

25 This subdivision does not limit in any manner the borrowing or

26 bonding authority of a community college as provided by law.

01376'01

32

1 Sec. 144. (1) The board of trustees of each A community

2 college district may levy for the purposes specified as within

3 the power of the board a tax that does not exceed the rate previ-

4 ously or subsequently authorized by the qualified electors of the

5 district or the rate derived through the previous adoption by the

6 electors of the district of former Act No. 188 of the Public

7 Acts of 1955, as amended 1955 PA 188, or the rate that is allo-

8 cated to the community college district in accordance with the

9 property tax limitation act, Act No. 62 of the Public Acts of

10 1933, as amended, being sections 211.201 to 211.217a of the

11 Michigan Compiled Laws 1933 PA 62, MCL 211.201 TO 211.217A. The

12 funds may be used for all purposes authorized, except that to the

13 extent permitted under the municipal finance act, Act No. 202 of

14 the Public Acts of 1943, as amended, being sections 131.1 to

15 139.3 of the Michigan Compiled Laws 1943 PA 202, MCL 131.1 TO

16 139.3, taxes imposed for the payment of principal and interest on

17 bonds or other evidences of indebtedness or for the payment of

18 assessments or contract obligations in anticipation of which

19 THOSE bonds are issued may be imposed without limitation as to

20 rate or amount. This limitation may be increased to not more

21 than 5 mills if approved by a majority of the qualified electors

22 voting on the question at any general REGULAR or special elec-

23 tion of the community college district.

24 (2) Except as provided in subsection (3), the board of

25 trustees shall determine the total taxes required for any year

26 and shall certify the approved tax rate to be levied and the

27 amount of taxes to be raised to the proper assessing officer of

01376'01

33

1 each city and township in which the territory of the community

2 college district is situated on or before September 1 of each

3 year, except that the board of trustees may provide by resolution

4 that taxes to be raised against property within any city or town-

5 ship, any portion of which lies within the community college dis-

6 trict boundaries, may be levied and collected in the same manner

7 and at the same time as the city or township taxes or in the same

8 manner and at the same time as school district or intermediate

9 school district taxes are being collected by the city or township

10 pursuant to part 26 of the REVISED school code, of 1976, Act

11 No. 451 of the Public Acts of 1976, as amended, being sections

12 380.1611 to 380.1615 of the Michigan Compiled Laws 1976 PA 451,

13 MCL 380.1611 TO 380.1615.

14 (3) By resolution of its board on or before May 15 of the

15 year in which it is established, a community college district

16 established under this act between January 1 and May 1 of any

17 calendar year may impose a summer property tax levy of either the

18 total or 1/2 of the community college district property taxes for

19 that tax year. The board resolution shall also determine the

20 total taxes required for that tax year and certify the approved

21 tax rate to be levied and the amount of taxes to be raised to the

22 proper assessing officer of each city or township in which the

23 territory of the community college district is situated. Upon

24 receipt of that board resolution, each city and township in which

25 the community college district is situated that collects a summer

26 property tax levy pursuant to section 1613 of Act No. 451 of the

27 Public Acts of 1976, being section 380.1613 of the Michigan

01376'01

34

1 Compiled Laws, shall collect the summer levy for that year. The

2 reasonable and actual expenses incurred by a city or township in

3 collecting the community college district property taxes under

4 this subsection, to the extent these expenses are in addition to

5 the expense of collecting and assessing any other taxes at the

6 same time and exceed the amount of any fees imposed for the col-

7 lection of the community college property taxes, shall be billed

8 to and paid by the community college district. For the purposes

9 of this subsection, reasonable and actual expenses shall not

10 exceed the current collection agreements negotiated with the

11 largest intermediate school district within the community college

12 district. This subsection applies until December 31, 1992.

13 (3) (4) All money collected by any tax collecting officer

14 from the tax levied pursuant to this section shall be returned to

15 the community college district pursuant to section 43 of the gen-

16 eral property tax act, Act No. 206 of the Public Acts of 1893,

17 being section 211.43 of the Michigan Compiled Laws 1893 PA 206,

18 MCL 211.43, or to the county treasurer who shall pay the taxes so

19 returned immediately to the community college district.

20 (4) (5) The subjects of taxation for the community college

21 district purposes shall be the same as for state, county, and

22 other school purposes as provided under the general property tax

23 act, Act No. 206 of the Public Acts of 1893, being sections

24 211.1 to 211.157 of the Michigan Compiled Laws 1893 PA 206,

25 MCL 211.1 TO 211.157.

26 Sec. 152. (1) Candidates for members of the first and

27 succeeding boards shall be nominated by petition signed by not

01376'01

35

1 less than 50 or more than 200 qualified and registered electors

2 residing within the geographic area of the community college

3 district. All nominating petitions in community college dis-

4 tricts organized under chapter 1 shall be filed not later than 4

5 p.m. on the one hundred-tenth day prior to BEFORE the date of

6 any election. All nominating petitions in community college dis-

7 tricts organized under chapters 2 and 3 shall be filed not later

8 than 4 p.m. on the ninth Monday prior to BEFORE the date of any

9 election. If the last day for filing nominating petitions falls

10 on a Saturday, Sunday, or legal holiday, the nominating petitions

11 shall be filed not later than 4 p.m. on the next day that is not

12 a Saturday, Sunday, or legal holiday.

13 (2) Nominating petitions for the first board AND SUCCEED-

14 ING BOARDS of trustees of a community college district organized

15 under chapter 1 shall be filed with the county clerk or clerks.

16 Nominating petitions for the first board AND SUCCEEDING BOARDS

17 of trustees organized under chapters 2 and 3 shall be filed with

18 the secretary of the board of education of the intermediate

19 school district of the county having the highest valuation within

20 the community college district APPROPRIATE LOCAL CLERK UNDER

21 SECTION 315 OF THE MICHIGAN ELECTION LAW, MCL 168.152.

22 Nominating petitions for succeeding boards of trustees shall be

23 filed with the secretary of the board of trustees of the commu-

24 nity college district, except that when candidates are elected

25 from separate school districts within the college district as

26 provided in chapter 2, nominees from school district areas shall

27 file nominating petitions with the secretaries of school

01376'01

36

1 districts for the first and succeeding boards of trustees. In a

2 community college district organized under chapter 1, the names

3 of all candidates and the terms of office shall be certified to

4 the county clerk or clerks by the secretary of the board of

5 trustees of the community college district within 5 days after

6 the last day for filing petitions.

7 (3) Upon the filing of nominating petitions with the appro-

8 priate official, he or she shall canvass them to ascertain if

9 they have been signed by the requisite number of qualified and

10 registered electors and for the purpose of determining the

11 validity thereof may cause MAY CHECK any doubtful signatures to

12 be checked against the registration records of the clerk of any

13 political subdivision in which the petitions were circulated, or

14 may use any other method he or she deems proper for determining

15 the validity of the doubtful signatures. If he or she determines

16 that the nominating petitions of any candidate do not comply with

17 the requirements or if the candidate does not possess the quali-

18 fications as required by the provisions of this act for member-

19 ship on the board of trustees, the official shall notify the can-

20 didate of that fact and of the reasons.

21 (4) This section does not apply to nominating petitions for

22 a candidate for a board of trustees organized under chapter 5.

23 Enacting section 1. Sections 20, 40, and 60 of the commu-

24 nity college act of 1966, 1966 PA 331, MCL 389.20, 389.40, and

25 389.60, are repealed effective January 1, 2002.

26 Enacting section 2. This amendatory act takes effect

27 January 1, 2003.

01376'01

37

1 Enacting section 3. This amendatory act does not take

2 effect unless all of the following bills of the 91st Legislature

3 are enacted into law:

4 (a) Senate Bill No. 438

5

6 (b) Senate Bill No. 439

7

8 (c) Senate Bill No. 440

9

10 (d) Senate Bill No. _____ or House Bill No. _____ (request

11 no. 00635'01 a *).

01376'01 Final page. DAM