SB-0753, As Passed Senate, April 20, 2010

SUBSTITUTE FOR

SENATE BILL NO. 753

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 302 (MCL 168.302), as amended by 2005 PA 71.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 302. An individual is eligible for election as a school

board member if the individual is a citizen of the United States

and is a qualified and registered elector of the school district

the individual seeks to represent by the filing deadline. At least

1 school board member for a school district shall be elected at

each of the school district's regular elections held as provided in

section 642 or 642a 642c. Except as otherwise provided in this

section or section 310 or 644g, a school board member's term of

office is prescribed by the applicable provision of section 11a,

617, 701, or 703 of the revised school code, 1976 PA 451, MCL

380.11a, 380.617, 380.701, and 380.703, or section 34, 34a, 41, 54,

or 83 of the community college act of 1966, 1966 PA 331, MCL

389.34, 389.34a, 389.41, 389.54, and 389.83. Except as provided in

section 302a, if a ballot question changing the number of school

board members or changing the terms of office for school board

members pursuant to section 11a of the revised school code, 1976 PA

451, MCL 380.11a, is proposed and a school district needs a

temporary variance from the terms of office provisions in this act

and the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, to

phase in or out school board members' terms of office, the school

board shall submit the proposed ballot question language and a

proposed transition plan to the secretary of state at least 30 days

before the school board submits the ballot question language to the

school district election coordinator pursuant to section 312. The

secretary of state shall approve or reject the proposed transition

plan within 10 business days of receipt of the proposed transition

plan. The secretary of state shall approve the proposed transition

plan if the plan provides only temporary relief to the school

district from the terms of office provisions in this act and the

revised school code, 1976 PA 451, MCL 380.1 to 380.1852, until such

time that the terms of office for school board members can be made

to comply with this act and the revised school code, 1976 PA 451,

MCL 380.1 to 380.1852. The school board shall not submit the

proposed ballot question language to the school district election

coordinator pursuant to section 312 until the proposed transition

plan is approved by the secretary of state. A school board member's

term begins on 1 of the following dates:

     (a) If elected at an election held on a November regular

election date, January 1 immediately following the election.

     (b) If elected at an election held on a May regular election

date, July 1 immediately following the election.

     (b) If elected at an election held on an August regular

election date, September 1 immediately following the election.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

     (a) Senate Bill No. 751.

     (b) Senate Bill No. 752.

     (c) Senate Bill No. 754.