SCHOOL BOARDS:  DEFINITION OF RESIDENCE

House Bill 4739

Sponsor:  Rep. Robert Dean

House Bill 4740

Sponsor:  Rep. Steve Tobocman

Committee:  Ethics and Elections

Complete to 5-29-05

A SUMMARY OF HOUSE BILLS 4739 AND 4740AS INTRODUCED 5-9-07

Under current law, generally speaking, a local school board member must be a resident of the school district, a community college trustee must be a member of the college district, and members of the State Board of Education and elected university boards must be residents of the state.  (The elected university boards are for the University of Michigan, Michigan State, and Wayne State.)  Typically, a board vacancy is to be declared if the residency requirement is not met.

House Bill 4739 would amend the Michigan Election Law (MCL 168.11a) and House Bill 4740 would amend the Community College Act (MCL 389.105) to provide consistent definitions of "residence," "residing," and "resident of the state."

The definition of "residence" or "residing" would be:

That place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging.  If a person has more than one residence, or if a spouse has a residence separate from that of the other spouse, that place at which the person resides the greater part of the time is his or her official residence.

FISCAL IMPACT:

The bills would have no state or local fiscal impact.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Robin Risko

                                                                                                                           Viola Bay Wild

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.