SENATE BILL No. 365

March 28, 2001, Introduced by Senator STILLE and referred to the Committee on Education.

A bill to create the Michigan education boundary commission;

to prescribe its powers and duties; and to prescribe certain

powers and duties of certain state officials, departments, and

agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. As used in this act:

2 (a) "Commission" means the Michigan education boundary com-

3 mission created in section 2.

4 (b) "Community college district" means a community college

5 district created under the community college act of 1966, 1966

6 PA 331, MCL 389.1 to 389.195, or under part 25 of the revised

7 school code, 1976 PA 451, MCL 380.1601 to 380.1607.

8 (c) "Intermediate school district" means that term as

9 defined in section 4 of the revised school code, 1976 PA 451,

10 MCL 380.4.

02887'01 DAM

2

1 (d) "Workforce development district" means a district or

2 region in which a local workforce development board established

3 pursuant to the workforce investment act of 1998, Public Law

4 105-220, 112 Stat. 936, and the school-to-work opportunities act

5 of 1994, Public Law 103-239, 108 Stat. 568, or the equivalent,

6 offers or conducts workplace development programs.

7 Sec. 2. (1) The Michigan education boundary commission is

8 created as a temporary commission with a life of not more than 2

9 years pursuant to section 4 of article V of the state constitu-

10 tion of 1963. This commission is created for the purpose of

11 studying, developing, and recommending to the legislature a plan

12 to coordinate and consolidate intermediate school districts, com-

13 munity college districts, and workforce development districts

14 that are responsible for the delivery of educational services and

15 other services on a regional basis in this state. The purpose of

16 this plan is to ensure the most cost-effective delivery of serv-

17 ices to the citizens of this state.

18 (2) The commission shall consist of the following 7

19 members:

20 (a) Three members appointed by the governor.

21 (b) One member appointed by the senate majority leader.

22 (c) One member appointed by the senate minority leader.

23 (d) One member appointed by the speaker of the house of

24 representatives.

25 (e) One member appointed by the minority leader of the house

26 of representatives.

02887'01

3

1 (3) The governor and the legislative leadership shall

2 complete the appointments to the commission under subsection (2)

3 not later than 30 days after the effective date of this act and

4 shall ensure that the appointments reflect a representative geo-

5 graphical distribution of members throughout the state.

6 (4) A vacancy on the commission shall be filled in the same

7 manner as the original appointment.

8 (5) Not later than 10 days after all appointments under

9 subsection (2) have been made and confirmed, the commission shall

10 hold its first meeting. At the meeting, the commission shall

11 elect a chairperson and other officers as it considers necessary

12 from among its members. Following this initial meeting, the com-

13 mission shall hold meetings as considered necessary by the

14 chairperson.

15 (6) A majority of the members of the commission constitute a

16 quorum for the transaction of business at a meeting of the

17 commission. Action by the commission shall be by a majority of

18 the votes cast.

19 (7) A member of the commission shall be reimbursed for

20 actual and necessary expenses incurred in the performance of

21 official duties.

22 Sec. 3. The commission shall do all of the following:

23 (a) Not later than 100 days after the date of the first

24 meeting of the commission, develop and submit to the governor and

25 the legislature a report with its findings and recommendations on

26 coordinating and consolidating intermediate school districts,

27 community college districts, and workforce development

02887'01

4

1 districts. This report shall include a reorganization plan in

2 compliance with section 5 and a schedule for implementation of

3 the reorganization plan, with consideration given to the duration

4 of existing collective bargaining agreements and the need for

5 holding new elections for elected officials impacted by the

6 plan.

7 (b) After the submission of the report described in

8 subdivision (a), hold public hearings across the state to provide

9 appropriate information to citizens, to answer questions, and to

10 hear testimony on reorganization.

11 (c) After the completion of the public hearings required by

12 subdivision (b) but not later than 150 days after the date of the

13 first meeting of the commission, revise its findings and recom-

14 mendations as necessary and publish a final report with its find-

15 ings and recommendations on reorganization, including the final

16 version of the reorganization plan, and submit a copy of the

17 report to the governor and the legislature.

18 Sec. 4. Not later than 30 days after receiving the

19 commission's final report submitted under section 3, the legisla-

20 ture may vote to reject the reorganization plan included in the

21 report. If the legislature does not vote to reject the reorgani-

22 zation plan, the reorganization plan shall be implemented not

23 later than January 1, 2003. Rejection of the reorganization plan

24 must be by a majority of those elected and serving in each

25 house.

02887'01

5

1 Sec. 5. In developing the reorganization plan required by

2 section 3, the commission shall take into account all of the

3 following criteria:

4 (a) The most cost-effective manner in which to deliver equi-

5 table educational services and other services on a regional basis

6 to all citizens of this state.

7 (b) The identification of the geographical boundaries of

8 intermediate school districts, community college districts, and

9 workforce development districts.

10 Sec. 6. The commission may do either or both of the

11 following:

12 (a) Accept assistance from state departments, agencies, and

13 individuals.

14 (b) Form committees or working groups as appropriate for the

15 performance of its responsibilities.

16 Sec. 7. The department of management and budget and any

17 other department or agency as required by the commission shall

18 assist the commission and shall provide staff and services as

19 required by the commission.

20 Sec. 8. The commission shall comply with the open meetings

21 act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of infor-

22 mation act, 1976 PA 442, MCL 15.231 to 15.246.

02887'01 Final page. DAM