Bill Text: MI HB5611 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; supplemental; restoration of full funding for the Michigan youth challenge academy for the 2010 fiscal year; provide for. Amends secs. 11 & 24c of 1979 PA 94 (MCL 388.1611 & 388.1624c).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-12-02 - Printed Bill Filed 12/02/2009 [HB5611 Detail]
Download: Michigan-2009-HB5611-Introduced.html
HOUSE BILL No. 5611
December 1, 2009, Introduced by Rep. Segal and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 11 and 24c (MCL 388.1611 and 388.1624c), as
amended by 2009 PA 121.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) For the fiscal year ending September 30, 2010,
there is appropriated for the public schools of this state and
certain other state purposes relating to education the sum of
$10,793,954,100.00
$10,742,247,700.00 from the state school aid
fund established by section 11 of article IX of the state
constitution of 1963 and the sum of $31,800,000.00 from the general
fund. For the fiscal year ending September 30, 2010, there is also
appropriated the sum of $450,000,000.00 from the federal funding
awarded to this state under title XIV of the American recovery and
reinvestment act of 2009, Public Law 111-5, to be used solely for
the purpose of funding the primary funding formula calculated under
section 20, in accordance with federal law. In addition, other
available federal funds are appropriated for the fiscal year ending
September 30,2010.
(2) The appropriations under this section shall be allocated
as provided in this act. Money appropriated under this section from
the general fund shall be expended to fund the purposes of this act
before the expenditure of money appropriated under this section
from the state school aid fund. If the maximum amount appropriated
under this section from the state school aid fund for a fiscal year
exceeds the amount necessary to fully fund allocations under this
act from the state school aid fund, that excess amount shall not be
expended in that state fiscal year and shall not lapse to the
general fund, but instead shall be deposited into the school aid
stabilization fund created in section 11a.
(3) If the maximum amount appropriated under this section from
the state school aid fund and the school aid stabilization fund for
a fiscal year exceeds the amount available for expenditure from the
state school aid fund for that fiscal year, payments under sections
11f, 11g, 11j, 22a, 26a, 26b, 31d, 31f, 51a(2), 51a(12), 51c, 53a,
and 56 shall be made in full. In addition, for districts beginning
operations after 1994-95 that qualify for payments under section
22b, payments under section 22b shall be made so that the
qualifying districts receive the lesser of an amount equal to the
1994-95 foundation allowance of the district in which the district
beginning operations after 1994-95 is located or $5,500.00. The
amount of the payment to be made under section 22b for these
qualifying districts shall be as calculated under section 22a, with
the balance of the payment under section 22b being subject to the
proration otherwise provided under this subsection and subsection
(4). If proration is necessary, state payments under each of the
other sections of this act from all state funding sources shall be
prorated in the manner prescribed in subsection (4) as necessary to
reflect the amount available for expenditure from the state school
aid fund for the affected fiscal year. However, if the department
of treasury determines that proration will be required under this
subsection, or if the department of treasury determines that
further proration is required under this subsection after an
initial proration has already been made for a fiscal year, the
department of treasury shall notify the state budget director, and
the state budget director shall notify the legislature at least 30
calendar days or 6 legislative session days, whichever is more,
before the department reduces any payments under this act because
of the proration. During the 30 calendar day or 6 legislative
session day period after that notification by the state budget
director, the department shall not reduce any payments under this
act because of proration under this subsection. The legislature may
prevent proration from occurring by, within the 30 calendar day or
6 legislative session day period after that notification by the
state budget director, enacting legislation appropriating
additional funds from the general fund, countercyclical budget and
economic stabilization fund, state school aid fund balance, or
another source to fund the amount of the projected shortfall.
(4) If proration is necessary under subsection (3), the
department shall calculate the proration in district and
intermediate district payments that is required under subsection
(3) as follows:
(a) The department shall calculate the percentage of total
state school aid allocated under this act for the affected fiscal
year for each of the following:
(i) Districts.
(ii) Intermediate districts.
(iii) Entities other than districts or intermediate districts.
(b) The department shall recover a percentage of the proration
amount required under subsection (3) that is equal to the
percentage calculated under subdivision (a)(i) for districts by
reducing payments to districts. This reduction shall be made by
calculating an equal dollar amount per pupil as necessary to
recover this percentage of the proration amount and reducing each
district's total state school aid from state sources, other than
payments under sections 11f, 11g, 11j, 22a, 26a, 26b, 31d, 31f,
51a(2), 51a(12), 51c, and 53a, by that amount.
(c) The department shall recover a percentage of the proration
amount required under subsection (3) that is equal to the
percentage calculated under subdivision (a)(ii) for intermediate
districts by reducing payments to intermediate districts. This
reduction shall be made by reducing the payments to each
intermediate district, other than payments under sections 11f, 11g,
26a, 26b, 51a(2), 51a(12), 53a, and 56, on an equal percentage
basis.
(d) The department shall recover a percentage of the proration
amount required under subsection (3) that is equal to the
percentage calculated under subdivision (a)(iii) for entities other
than districts and intermediate districts by reducing payments to
these entities. This reduction shall be made by reducing the
payments to each of these entities, other than payments under
sections 11j, 26a, and 26b, on an equal percentage basis.
(5) Except for the allocation under section 26a, any general
fund allocations under this act that are not expended by the end of
the state fiscal year are transferred to the school aid
stabilization fund created under section 11a.
Sec. 24c. From the appropriation in section 11, there is
allocated
an amount not to exceed $642,300.00 $1,284,600.00
for 2009-2010 for payments to districts for pupils who are enrolled
in a nationally administered community-based education and youth
mentoring program, known as the youth challenge program, that is
located within the district and is administered by the department
of military and veterans affairs. A district receiving payments
under this section shall contract with the department of military
and veterans affairs to ensure that all funding allocated under
this section is utilized by the district and the department of
military and veterans affairs for the youth challenge program.
Enacting section 1. In accordance with section 30 of article
IX of the state constitution of 1963, total state spending in this
amendatory act and in 2009 PA 121 from state sources for fiscal
year 2009-2010 is estimated at $10,588,322,900.00 and state
appropriations to be paid to local units of government for fiscal
year 2009-2010 are estimated at $10,480,964,300.00.
