November 2, 2005, Introduced by Reps. Wenke, Murphy, Jones, Stahl, Newell and Sheltrown and referred to the Committee on Higher Education and Career Preparation.
A bill to amend 1966 PA 331, entitled
"Community college act of 1966,"
by amending section 144 (MCL 389.144), as amended by 2003 PA 306,
and by adding chapter 6 to part 1.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 6
REORGANIZED COMMUNITY COLLEGE DISTRICTS
Sec. 91. (1) Before January 1, 2011, a community college
district established under chapter 1, 2, or 3 shall reorganize to
form a reorganized community college district under this chapter if
all of the following are met:
(a) The reorganization will result in the expansion of the
existing boundaries of the community college district.
(b) A petition is submitted to the board of trustees of the
community college district requesting the board of trustees to
adopt a resolution described in subdivision (c) to establish a
reorganized community college district composed of the existing
community college district and a specified additional geographic
area or areas. The petition shall be signed by a number of
registered electors residing in the specified additional geographic
area or areas that is at least equal to the number of signatures
required under chapter 12 to nominate a candidate for the board of
trustees of a community college district.
(c) The board of trustees of the community college district
adopts a resolution to establish a reorganized community college
district composed of the existing community college district and
the specified additional geographic area or areas.
(d) The board of trustees of the community college district
submits the resolution described in subdivision (c) to the state
board of education and obtains the approval of the state board of
education for the reorganization.
(e) The reorganization is approved by a majority of the
electors residing in the proposed reorganized community college
district and voting on the question.
(2) The resolution described in subsection (1)(c) shall
include at least all of the following:
(a) Identification of the boundaries of the proposed
reorganized community college district.
(b) Identification of any bonded indebtedness for which taxes
are levied without limitation as to rate or amount that is to be
assumed by the proposed reorganized community college district.
(c) The proposed maximum annual tax rate to be authorized
under section 95(1).
(d) The manner in which the proposed reorganized community
college district will ensure access to college services throughout
the geographic area of the proposed reorganized community college
district.
(4) The boundaries of the proposed reorganized community
college district shall include the area within the existing
community college district and any area contiguous to the existing
community college district, or a county that is not contiguous but
contains a federal military installation at which classes have been
continuously offered for at least 20 years by the community college
that existed before the reorganization, that is identified in the
resolution. If practicable and to the extent possible, the
boundaries of the proposed reorganized community college district
shall conform to county, school district, or intermediate school
district boundaries. However, the boundaries of the proposed
reorganized community college district shall not include any
territory that is included within another existing community
college district.
(5) For purposes of this chapter, a community college district
established by petition under chapter 4 is considered established
under the chapter under which the proceedings for establishing the
district were held.
Sec. 92. (1) If the state board of education approves of the
reorganization of a community college district under section
91(1)(d), the board of trustees of that community college district
shall notify the school district filing official of each of the
units of local government in which a portion of the proposed
reorganized community college district is located and each of the
school district filing officials shall include the proposition of
approving the reorganization on the ballot at 1 of the following
elections:
(a) If approval of a proposed reorganized community college
district is filed with a school district filing official at least
77 days but not more than 6 months before the next general state
election, the school district filing official shall include the
necessary community college propositions with the proceedings for
the general election.
(b) If approval of a proposed reorganized community college
district is filed with a school district filing official more than
6 months before the next general state election, the school
district filing official shall call a special election for the
purpose of submitting to the electors the propositions relating to
the establishment of the reorganized community college district to
be held on the next regular election day that is not less than 77
days after the approval is filed. If the propositions are submitted
to the electors at a special election under this subdivision, the
community college district shall pay the incremental cost of that
special election.
(2) Only the electors of the proposed reorganized community
college district are eligible to vote on a proposition described in
subsection (1) and in a board of trustees election under section
93(3).
(3) The proposition presented to the electors of the proposed
reorganized community college district shall read substantially as
follows:
"Shall the _______________ community college district,
comprised of ___________ [school district or districts/county or
counties/intermediate school district or districts] as of (date),
be reorganized as a community college district subject to the
provisions of chapter 6 of part 1 of 1966 PA 331 to be comprised of
all or a portion of _________ [county or counties/school district
or districts/intermediate school district or districts], and shall
the maximum annual tax rate for the reorganized community college
district be _____ mills ($________________) per $1,000.00 of state
equalized valuation) for the year _____ and thereafter, to be used
for all purposes authorized by law?"
Sec. 93. (1) A reorganized community college district
established under this chapter shall be directed and governed by a
board of trustees consisting of 7 members, elected at large in the
reorganized community college district on a nonpartisan basis.
(2) Except as provided in subsection (3), upon approval of the
reorganization proposition submitted pursuant to section 92, the
board of trustees of the community college district before
reorganization shall serve for the remainder of their terms as the
board of trustees of the reorganized community college district
established under this chapter. At the expiration of a member's
term of office, the member's successor shall be elected for a term
of 6 years by the electors of the reorganized community college
district. Unless the resolution adopted pursuant to section 91
specifies the date on which the term of each new board member shall
end and the date on which the term of a board member elected after
the reorganization commences, the terms of office of members
elected to the board of trustees of a reorganized community college
district under this subsection shall end and commence on the same
date as the terms of office of the members of the board of trustees
of the community college district before reorganization.
(3) If authorized by the resolution adopted pursuant to
section 91, the election held to approve the reorganization of the
community college district may include the election of the first
board of trustees of the reorganized community college district. Of
the members elected pursuant to this subsection, 3 shall be elected
for 6-year terms, 2 shall be elected for 4-year terms, and 2 shall
be elected for 2-year terms. Thereafter, at the next regular
community college election immediately preceding the expiration of
a member's term of office, the member's successor shall be elected
for a term of 6 years. The resolution adopted pursuant to section
91 shall specify the date on which the term of each new board
member shall commence, and the members of the board of trustees of
the community college district before reorganization shall serve
until that date.
Sec. 94. An election held under this chapter shall be
conducted in the same manner and at the same times as an election
held under chapter 1, 2, or 3 and is governed by the provisions
relating to an election held under chapter 1, 2, or 3 and the terms
of the resolution adopted pursuant to section 91.
Sec. 95. (1) The board of trustees of a reorganized community
college district established under this chapter may levy for
authorized purposes ad valorem property taxes at a rate authorized
by the resolution adopted pursuant to section 91 and approved by
the adoption of the proposition submitted pursuant to section 92.
(2) In addition to the tax authorized to be levied by
subsection (1), the board of a reorganized community college
district established under this chapter may levy for authorized
purposes mills allocated to the community college district in
accordance with the property tax limitation act, 1933 PA 62, MCL
211.201 to 211.217a. The rate of tax levied under this subsection
plus the rate of tax authorized under subsection (1) shall not
exceed 5 mills.
(3) Taxes imposed pursuant to this section shall be levied
against all property subject to ad valorem property taxes within
the reorganized community college district.
(4) The rate of tax authorized to be imposed by this section
may be increased to the maximum rate authorized by section 144 if
approved by a majority of the qualified electors of the reorganized
community college district voting on the question.
Sec. 96. (1) All indebtedness of the community college
district before reorganization, except voted bonded indebtedness
for which taxes are levied without limitation as to rate or amount,
are assumed by the reorganized community college district
established under this chapter upon approval of the proposition
under section 92.
(2) The identity of the community college district as it
existed before reorganization shall remain as a separate assessing
unit for purposes of voted bonded indebtedness for which taxes are
levied without limitation as to rate or amount until that
indebtedness has been retired. The board and officers of the
reorganized community college district established under this
section shall constitute the board and officers of the community
college district as it existed before reorganization for purposes
of certifying and ordering the levy of taxes for the voted bonded
indebtedness in the name of the community college district as it
existed before reorganization. The debt retirement funds for voted
bonded indebtedness that are not assumed shall not be commingled
with the debt retirement funds of the reorganized community college
district. The board of trustees of the reorganized community
college district shall perform all duties required by law and the
original terms of issue and sale relative to the voted bonded
indebtedness.
Sec. 97. (1) A reorganized community college district
established under this chapter shall be considered the successor to
the community college district that adopted the resolution under
section 91. Any state appropriation to the community college
district before reorganization shall be distributed to its
successor reorganized community college district.
(2) Except as otherwise provided in section 96, all assets,
property, rights, obligations, collective bargaining agreements,
and duties of a community college district that adopted a
resolution to reorganize under this chapter are the assets,
property, rights, obligations, collective bargaining agreements,
and duties of the successor reorganized community college district
upon approval of the resolution by the electors pursuant to section
92.
(3) All employees of a community college district that adopted
a resolution to reorganize under this chapter shall become
employees of the successor reorganized community college district
in their same positions and shall retain any annual leave, sick
leave, seniority, longevity, or other benefit accumulated before
reorganization. This subsection does not limit the right of a
community college district to terminate, discipline, or take any
other action related to an employee consistent with law and any
applicable collective bargaining agreement.
(4) A collective bargaining representative, as described in
section 11 of 1947 PA 336, MCL 423.211, of a group of employees of
a community college district before reorganization as of the date
the resolution is approved by the electors under section 92 shall
continue to be the representative of the group of employees after
they become employees of the successor reorganized community
college district. However, this subsection does not limit the right
of employees to assert under section 12 of 1947 PA 336, MCL
423.212, that a collective bargaining representative protected by
this subsection is no longer their representative.
Sec. 98. (1) Upon approval by the state board of education,
the board of trustees of a reorganized community college district
established under this chapter may annex to the community college
district by resolution a contiguous county; contiguous intermediate
school district; contiguous school district; the remaining portion
of a contiguous county, intermediate school district, or school
district that has territory within the reorganized community
college district; or a county that is not contiguous but contains a
federal military installation at which classes have been
continuously offered for at least 20 years by the reorganized
community college or the community college that existed before the
reorganization. However, if any portion of an area to be annexed
lies within another community college district at the time of the
annexation election, that part of the territory to be annexed shall
not become part of the community college district and electors
residing in that part of the territory are not eligible to vote on
the annexation proposition.
(2) The procedure for annexation and the effect of approval of
an annexation shall be the same as provided under section 21 for a
community college district comprised of a county or counties.
Sec.
144. (1) The Except
as provided in section 95 for a
reorganized community college district, the board of trustees of
each community college district may levy for the purposes specified
as within the power of the board a tax that does not exceed the
rate previously or subsequently authorized by the qualified
electors of the district or the rate derived through the previous
adoption by the electors of the district of former 1955 PA 188, or
the rate that is allocated to the community college district in
accordance with the property tax limitation act, 1933 PA 62, MCL
211.201 to 211.217a. The funds may be used for all purposes
authorized. ,
except that to To the extent permitted under the
revised municipal finance act, 2001 PA 34, MCL 141.2101 to
141.2821, taxes imposed for the payment of principal and interest
on bonds or other evidences of indebtedness or for the payment of
assessments or contract obligations in anticipation of which bonds
are issued may be imposed without limitation as to rate or amount.
This limitation and the limitation imposed under section 95 may be
increased to not more than 5 mills if approved by a majority of the
qualified electors voting on the question at a regular or special
election of the community college district.
(2) Except
as provided in subsection (3), the The
board of
trustees shall determine the total taxes required for any year and
shall certify the approved tax rate to be levied and the amount of
taxes to be raised to the proper assessing officer of each city and
township in which the territory of the community college district
is
situated on or before September 1 of each year. , except that
However, the board of trustees may provide by resolution that taxes
to be raised against property within any city or township, any
portion of which lies within the community college district
boundaries, may be levied and collected in the same manner and at
the same time as the city or township taxes or in the same manner
and at the same time as school district or intermediate school
district taxes are being collected by the city or township under
part 26 of the revised school code, 1976 PA 451, MCL 380.1611 to
380.1615.
(3)
By resolution of its board on or before May 15 of the year
in
which it is established, a community college district
established
under this act between January 1 and May 1 of any
calendar
year may impose a summer property tax levy of either the
total
or 1/2 of the community college district property taxes for
that
tax year. The board resolution shall also determine the total
taxes
required for that tax year and certify the approved tax rate
to
be levied and the amount of taxes to be raised to the proper
assessing
officer of each city or township in which the territory
of
the community college district is situated. Upon receipt of that
board
resolution, each city and township in which the community
college
district is situated that collects a summer property tax
levy
under section 1613 of the revised school code, 1976 PA 451,
MCL
380.1613, shall collect the summer levy for that year. The
reasonable
and actual expenses incurred by a city or township in
collecting
the community college district property taxes under this
subsection,
to the extent these expenses are in addition to the
expense
of collecting and assessing any other taxes at the same
time
and exceed the amount of any fees imposed for the collection
of
the community college property taxes, shall be billed to and
paid
by the community college district. For the purposes of this
subsection,
reasonable and actual expenses shall not exceed the
current
collection agreements negotiated with the largest
intermediate
school district within the community college district.
This
subsection applies until December 31, 1992.
(3) (4)
All money collected by a tax collecting officer from
the tax levied under this section shall be returned to the
community college district as provided by section 43 of the general
property tax act, 1893 PA 206, MCL 211.43, or to the county
treasurer who shall pay the taxes so returned immediately to the
community college district.
(4) (5)
The subjects of taxation for the community college
district purposes shall be the same as for state, county, and other
school purposes as provided under the general property tax act,
1893 PA 206, MCL 211.1 to 211.157.