Bill Text: MI HB4021 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Education; financing; permissible use of sinking funds; expand to include school bus purchasing. Amends sec. 1212 of 1976 PA 451 (MCL 380.1212).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-01-20 - Printed Bill Filed 01/16/2015 [HB4021 Detail]

Download: Michigan-2015-HB4021-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4021

 

January 15, 2015, Introduced by Rep. Kosowski and referred to the Committee on Tax Policy.

 

      A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1212 (MCL 380.1212), as amended by 2003 PA

 

299.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 1212. (1) If approved by the school electors of the

 

 2  school district, the board of a school district may levy a tax of

 

 3  not to exceed 5 mills on the state equalized valuation taxable

 

 4  value of the real and personal property of the school district

 

 5  each year for a period of not to exceed 20 years, for the purpose

 

 6  of creating a sinking fund to be used for the purchase of real

 

 7  estate for sites for, and the construction or repair of, school

 

 8  buildings. Beginning on the effective date of the amendatory act

 


 1  that added this sentence, a sinking fund may also be used for

 

 2  purchasing school busses. The sinking fund tax levy is subject to

 

 3  the 15 mill tax limitation provisions of section 6 of article IX

 

 4  of the state constitution of 1963 and the property tax limitation

 

 5  act, 1933 PA 62, MCL 211.201 to 211.217a.

 

 6        (2) A school district that levies a sinking fund tax under

 

 7  this section shall have an independent audit of its sinking fund

 

 8  conducted annually, including a review of the uses of the sinking

 

 9  fund, and shall submit the audit report to the department of

 

10  treasury. If the department of treasury determines from the audit

 

11  report that the sinking fund has been used for a purpose other

 

12  than those authorized for the sinking fund under this section,

 

13  the school district shall repay the misused funds to the sinking

 

14  fund from the school district's operating funds and shall not

 

15  levy a sinking fund tax under this section after the date the

 

16  department of treasury makes that determination.

 

17        (3) (2) The proposition of levying a sinking fund tax shall

 

18  be submitted to the school electors of the school district at a

 

19  regular or special school election.

 

20        (4) (3) The question of levying taxes for the purpose of

 

21  creating a sinking fund shall be by ballot in substantially the

 

22  following form:

 

 

23      "Shall _______________________________ levy   ________ mills

24             (legal name of school district)

25 to create a sinking fund for the purpose of  ____________________

26 ________________________________________________________________

27 for a period of _____ years?


 

 

 1        Yes ( )

 

 2        No  ( )".

 

 

 

 3        (5) (4) For the purposes of this section, millage approved

 

 4  by the school electors before December 1, 1993 for which the

 

 5  authorization has not expired is considered to be approved by the

 

 6  school electors.

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