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School district is a local unit of gov't ?

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HOWUDOINGOOD

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Public Act 4 of 2011 would: "Establish criteria to assess the financial condition of local government units, including school districts, authorize the governor to appoint an emergency manager (EM) upon state finding of a financial emergency, and allow the EM to act in place of local government officials.


it would seem to me that if this passes there should be no doubts. thoughts
 
S

scot623

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HOWUDOINGOOD said:
Public Act 4 of 2011 would: "Establish criteria to assess the financial condition of local government units, including school districts, authorize the governor to appoint an emergency manager (EM) upon state finding of a financial emergency, and allow the EM to act in place of local government officials.


it would seem to me that if this passes there should be no doubts. thoughts
Click to expand...

123.1101 Definitions.
Sec. 1.

As used in this act:

(a) “Local unit of government” means a city, village, township, or county.

Do you see "school district" is there? No? Ok, case closed.

Take special note of the words "as used in THIS act". No other law matters.
 
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Z

zigziggityzoo

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scot623 said:
123.1101 Definitions.
Sec. 1.

As used in this act:

(a) “Local unit of government” means a city, village, township, or county.

Do you see "school district" is there? No? Ok, case closed.

Take special note of the words "as used in THIS act". No other law matters.
Click to expand...


Not quite.

IS a school district a local unit of government? Yes, yes it is.

Is it preempted by MCL 123.1102 - well no, because a Local Unit of Government doesn't include school districts, therefore they aren't explicitly preempted.

Now we're trying to get a binding decision that states the legislature really intended to preempt ALL local units of government, not just the four listed, but until that happens...
 
TheQ

TheQ

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FWIW, Public Act 4 has already been enacted (thus it is a public act). It is currently in referendum as 12-1. Vote yes on 12-1.

That being said, what zig said is correct on this matter.
 
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H

HOWUDOINGOOD

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scott623... my original post says nothing about preemption, there is a lot of debate on the gun boards regarding a school being considered a local unit of government or not. My feeling is this would end that debate, that was my only point. As to a school being included in preemption I think we all know what the law says and I believe we all agree that schools should be included but that is another issue. Also there is no need to shout at me.
 
TheQ

TheQ

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I don't think scot623 shouted, but rather added emphasis. If not preemption, than for what purpose did you start this discussion?

This way we can lead the discussion in that direction....
 
J

jfrenchudm

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TheQ said:
I don't think scot623 shouted, but rather added emphasis. If not preemption, than for what purpose did you start this discussion?

This way we can lead the discussion in that direction....
Click to expand...

While I agree with you that he did not shout, I think he definitely came across as a j/a to the OP. I have seen that as typical from him as of late, and will be adding him to my ignore list, as I see little being added to the discussion from such attitudes.

I also agree that the OP should add a little more detail to help guide the discussion as well. I will now go back to lurking.
 
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HOWUDOINGOOD

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Q, in light of all the issues and off topic threads and posts around here I was making an attempt to have a debate or discussion on an issue that I felt there was no clear answer on. Whenever someone asks about open carry at a school this issue comes up, and this is the first time I have actually seen any text confirming that a school is a local unit of government. The last word of my original post was "thoughts" and meant only that. I thought we could have a discussion and agree or disagree with the text I posted.
 
HKcarrier

HKcarrier

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Scot623 has been snippy at times with certain people, however, in this case I don't really see where he was here. Clear, concise, to the point... nothing wrong with that.
 
S

scot623

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HOWUDOINGOOD said:
Q, in light of all the issues and off topic threads and posts around here I was making an attempt to have a debate or discussion on an issue that I felt there was no clear answer on. Whenever someone asks about open carry at a school this issue comes up, and this is the first time I have actually seen any text confirming that a school is a local unit of government. The last word of my original post was "thoughts" and meant only that. I thought we could have a discussion and agree or disagree with the text I posted.
Click to expand...

In the context of carrying a firearm in a school, the only law that matters IS the preemption law. Sorry if you felt I was shouting at you, I was not. It's just that this gets brought up over over and over. MCL 123.1101 specifically defines what local unit of government means in regards to firearm carry and preemption. No other law matters.
 
TheQ

TheQ

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HOWUDOINGOOD said:
Q, in light of all the issues and off topic threads and posts around here I was making an attempt to have a debate or discussion on an issue that I felt there was no clear answer on. Whenever someone asks about open carry at a school this issue comes up, and this is the first time I have actually seen any text confirming that a school is a local unit of government. The last word of my original post was "thoughts" and meant only that. I thought we could have a discussion and agree or disagree with the text I posted.
Click to expand...

The CADL case we are fighting has the distinction that CADL was founded and got its Charter from a joint effort of the City of Lansing and Ingham County, two LUoG. A school district gets their charter directly from the state and has no ties to the city/township they happen to reside in.

I hope this provides food for thought?
 
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