HB-5479, As Passed Senate, June 21, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5479

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1263 (MCL 380.1263), as amended by 1990 PA 159.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1263. (1) The board of a school district shall not build

a school upon a site without having prior title in fee to the site,

a lease for not less than 99 years, or a lease for not less than 50

years from the United States government, or this state, or a

political subdivision of this state.

     (2) The board of a school district shall not build a frame

school on a site for which it does not have a title in fee or a

lease for 50 years without securing the privilege of removing the

school.

     (3) The governing board of a public school  district  shall

not design or build a school building to be used for instructional

or noninstructional school purposes or design and implement the

design for a school site unless the design or construction is in

compliance with  Act No. 306 of the Public Acts of 1937, being

sections 388.851 to 388.855a of the Michigan Compiled Laws 1937 PA

306, MCL 388.851 to 388.855a. The superintendent of public

instruction has sole and exclusive jurisdiction over the review and

approval of plans and specifications for the construction,

reconstruction, or remodeling of school buildings used for

instructional or noninstructional school purposes and, subject to

subsection (4), of site plans for those school buildings.

(4) Unless the site is located within a city or village, the

governing board of a public school shall not build or expand a high

school building on a site without first submitting the site plan to

the local zoning authority for administrative review as provided

under this subsection. Not later than 60 days after receiving the

site plan, the local zoning authority shall respond to the

governing board with either a written notice that the local zoning

authority concurs with the site plan or with written suggested

changes to the site plan. If the local zoning authority does not

respond to the governing board with either of these options, the

governing board shall be considered to have received a written

notice of concurrence from the local zoning authority. If there are

written suggested changes, then not later than 45 days after

receiving the written suggested changes, the governing board shall

respond to the local zoning authority with a revised site plan that

incorporates the changes or with an explanation of why the changes

are not being made. This subsection applies to expansion of a high

school building only if the expansion will result in the square

footage of the high school building being increased by at least

20%. This subsection does not apply to temporary structures or

facilities that are necessary due to unexpected enrollment

increases and that are used for not more than 2 years.

     (5) If mutually agreed by the governing board and the local

zoning authority, the time periods in subsection (4) may be

extended.

     (6) The communication required under subsection (4) between a

governing board and a local zoning authority is for informational

purposes only and does not require the governing board to make any

changes in its site plan. Once the process prescribed under

subsection (4) is complete, this section does not require any

further interaction between the governing board and a local zoning

authority.

     (7) A local zoning authority shall not charge a governing

board a fee for the process prescribed under subsection (4) that

exceeds $250.00 for an administrative review or $1,500.00 for total

costs incurred by a local zoning authority under subsection (4) for

the specific project involved.

     (8) As used in this section:

     (a) "High school building" means any structure or facility

that is used for instructional purposes, that offers at least 1 of

grades 9 to 12, and that includes an athletic field or facility.

     (b) "Local zoning authority" means the zoning authority for

the jurisdiction in which the construction or expansion of a high

school building is to occur.