March 17, 2004, Introduced by Reps. LaJoy, Ruth Johnson, Taub, Emmons, Ward, Brandenburg, Gaffney and Caswell and referred to the Committee on Land Use and Environment.
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:
1 Sec. 1263. (1) The board of a school district shall not
2 build a school upon a site without having prior title in fee to
3 the site, a lease for not less than 99 years, or a lease for not
4 less than 50 years from the United States government, or this
5 state, or a political subdivision of this state.
6 (2) The board of a school district shall not build a frame
7 school on a site for which it does not have a title in fee or a
8 lease for 50 years without securing the privilege of removing the
9 school.
10 (3) The board of a school district or board of directors of a
1 public school academy shall not design or build a school building
2 to be used for instructional or noninstructional school purposes
3 or design and implement the design for a school site unless the
4 design or construction is
in compliance with Act No. 306 of the
5 Public Acts of 1937,
being sections 388.851 to 388.855a of the
6 Michigan Compiled Laws
1937 PA 306, MCL 388.851 to
388.855a.
7 The superintendent of public instruction has sole and exclusive
8 jurisdiction over the review and approval of plans and
9 specifications for the construction, reconstruction, or
10 remodeling of school buildings used for instructional or
11 noninstructional school purposes and, after the expiration of the
12 3-year period described in subsection (6), of site plans for
13 those school buildings.
14 (4) Subject to subsection (6), the board of a school district
15 or board of directors of a public school academy shall not build
16 or expand a school on a site without first submitting a site plan
17 to the local zoning authority for review as provided under this
18 subsection. Not later than 60 days after receiving the site
19 plan, the local zoning authority shall respond to the board or
20 board of directors with either a notice that the local zoning
21 authority concurs with the site plan or with suggested changes to
22 the site plan. If there are suggested changes, then not later
23 than 45 days after receiving the suggested changes, the board or
24 board of directors shall respond to the local zoning authority
25 with either a revised site plan that incorporates the changes or
26 with an explanation of why the changes are not being made.
27 (5) If the board of a school district or board of directors
1 of a public school academy receives a notice of concurrence from
2 a local zoning authority under subsection (4), the board or board
3 of directors shall submit the site plan and the notice of
4 concurrence to the superintendent of public instruction and may
5 proceed with the building or expansion. Subject to subsection
6 (6), if the board of a school district or board of directors of a
7 public school academy does not receive a notice of concurrence
8 from a local zoning authority under subsection (4), all of the
9 following apply:
10 (a) The board or board of directors shall submit the site
11 plan to the superintendent of public instruction and shall
12 provide a copy of the site plan to the local zoning authority
13 together with notice that the site plan has been submitted to the
14 superintendent of public instruction.
15 (b) The board or board of directors shall not proceed with
16 the building or expansion unless the site plan is approved by the
17 superintendent of public instruction.
18 (c) Not later than 10 days after receiving the notice under
19 subdivision (a), the local zoning authority may submit comments
20 to the superintendent of public instruction concerning its
21 objections to the site plan.
22 (d) The superintendent of public instruction has sole and
23 exclusive jurisdiction over the review and approval of the site
24 plan.
25 (6) Subsections (4) and (5) apply to school construction and
26 expansion only for the 3-year period beginning on the effective
27 date of the amendatory act that added subsections (4) and (5).