Bill Text: MI HB6219 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; financing; levy of regional enhancement millage; revise. Amends sec. 705 of 1976 PA 451 (MCL 380.705).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6219 Detail]

Download: Michigan-2017-HB6219-Introduced.html

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HOUSE BILL No. 6219

 

 

June 12, 2018, Introduced by Reps. Pagan, Camilleri, Hoadley, Chang, Garrett, Geiss, Love, Hammoud and Jones and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 705 (MCL 380.705), as amended by 2018 PA 23.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 705. (1) Beginning in 1997, and in each year after 1997,

 

a regional enhancement property tax may be levied by an

 

intermediate school district at a rate not to exceed 3 mills to

 

enhance other state and local funding for intermediate school

 

district, school district , or public school academy operations, as

 

provided in this section, if approved by a majority of the

 

intermediate school electors voting on the question.

 

     (2) If a resolution requesting that the question of a regional

 

enhancement property tax be submitted to the voters is adopted

 

within a 180-day period and transmitted to the intermediate school

 

board by 1 or more boards or boards of directors of its constituent

 

districts representing a majority of the combined membership of the

 

constituent districts as of the most recent pupil membership count

 

day and if those resolutions all contain an identical specified

 

number of mills to be levied under this section and an identical

 

specified number of years for which the tax shall be levied, the

 

question of levying a regional enhancement property tax by the

 

intermediate school district shall be placed on the ballot by the

 

intermediate school district at the next regular school election

 

held in each of the constituent districts. that are school

 

districts. If the question is to be submitted to the intermediate

 

school electors of an intermediate school district having a

 

population of more than 1,400,000, the intermediate school board

 

shall call a special election to be held at the next state primary

 

or general election. If the resolution requirement is met more than

 

180 days before the next regular school district elections, and if

 

requested in the resolutions, the intermediate school board shall

 

submit the question of levying a regional enhancement property tax

 

within the intermediate school district on the ballot at a special

 

election called by the intermediate school board for that purpose

 

not earlier than 90 days after the resolution requirements are met.

 

     (3) Not later than 10 days after receipt by the intermediate

 

school district of the revenue from the regional enhancement

 

property tax, the intermediate school district shall calculate and

 

pay to each of its constituent districts an amount of the revenue

 

calculated by dividing the total amount of the revenue by the

 

combined membership of the constituent districts within the

intermediate school district, as of the most recent pupil

 

membership count day, and multiplying that quotient by the

 

constituent district's membership, as of the most recent pupil

 

membership count day for which a final department-audited pupil

 

count is available. If a constituent district has entered into an

 

agreement with a another school district or public entity to

 

perform the functions and responsibilities of the constituent

 

district for operating a public school of the constituent district,

 

then for the purposes of this subsection the pupils in membership

 

in that public school shall be considered to be in membership in

 

the constituent district and a proportionate share of the revenue

 

payable to the constituent district under this section shall be

 

transferred by the constituent district to the school district or

 

public entity performing the functions and responsibilities of the

 

constituent district for operating the public school. The

 

proportionate share of that revenue to be paid to that school

 

district or public entity shall be determined according to the

 

percentage of the constituent district's membership that is

 

enrolled in the particular public school for the state fiscal year

 

corresponding to the tax year. Revenue from a regional enhancement

 

property tax under this section shall not be allocated or paid to a

 

constituent district that does not operate a public school directly

 

but retains a limited separate identity for purposes of section 12,

 

12b, 863, 903, or 947.

 

     (4) If a public school academy is receiving revenue from a

 

regional enhancement property tax under an agreement described in

 

subsection (3), the public school academy shall receive that

revenue until the term of the initially levied regional enhancement

 

property tax expires, as specified in the ballot question, as long

 

as the receipt of that revenue remains consistent with the

 

agreement. After the term of the initially levied regional

 

enhancement property tax expires or the public school academy is no

 

longer entitled to receive revenue from the regional enhancement

 

property tax under the agreement described in subsection (3), the

 

public school academy shall not receive revenue from any regional

 

enhancement property tax that is subsequently levied or renewed

 

unless that public school academy meets the requirements of

 

subsection (7) to receive revenue from a regional enhancement

 

property tax as a constituent district.

 

     (4) (5) Regional enhancement property tax under this section

 

may be levied for a term not to exceed 20 years, as specified in

 

the ballot question, and may be renewed for the same term and for

 

the purposes described in subsection (1) with the approval of a

 

majority of the intermediate school electors voting on the

 

question.

 

     (5) (6) The question of levying a regional enhancement

 

property tax under this section shall be presented to the

 

intermediate school electors as a separate question.

 

     (7) For the purposes of this section, except as otherwise

 

provided in this section, a public school academy is considered to

 

be a single constituent district of an intermediate school district

 

if the public school academy operates at least 1 site that is

 

located in that intermediate school district and the public school

 

academy counts in membership pupils enrolled at the site or sites

located in that intermediate school district on the pupil

 

membership count day used to calculate the combined membership of

 

the intermediate school district's constituent districts under

 

subsection (2). A public school academy that is a school of

 

excellence operating as a cyber school, as defined in section 551,

 

is considered to be a single constituent district of an

 

intermediate school district only if the administrative office of

 

that cyber school is located within the intermediate school

 

district, 100% of the pupils enrolled in the cyber school reside

 

within the intermediate school district, and the cyber school

 

counts in membership pupils enrolled in the cyber school on the

 

pupil membership count day used to calculate the combined

 

membership of the intermediate school district's constituent

 

districts under subsection (2). However, a public school academy is

 

not eligible to be considered a constituent district under this

 

subsection if the public school academy's 2 most recent annual

 

financial audits required under section 503(6)(g), 523(2)(g),

 

553(5)(g), or 1311e(5)(h) indicate successive unresolved material

 

findings. In addition, in order to be considered a constituent

 

district under this subsection, the public school academy must

 

provide the department documentation establishing that the public

 

school academy has a special education program that is in

 

compliance with state and federal law.

 

     (8) Except for a school of excellence operating as a cyber

 

school, as defined in section 551, a public school academy that

 

receives revenue from a regional enhancement property tax due to

 

the operation of subsection (7) shall use that money only for

expenditures that directly benefit a site operated by the public

 

school academy that is located in the intermediate school district

 

in which the regional enhancement property tax was approved.

 

     (9) For a regional enhancement property tax that was initially

 

authorized and levied before the effective date of the amendatory

 

act that added this subsection, both of the following apply:

 

     (a) Subject to subsection (4), a public school academy is not

 

eligible to be considered a constituent district and to receive

 

revenue from that regional enhancement property tax due to the

 

operation of subsection (7) until that regional enhancement

 

property tax is renewed.

 

     (b) An intermediate school district is not eligible to be

 

considered a constituent district and to receive revenue for pupils

 

counted in membership by the intermediate school district from that

 

regional enhancement property tax due to the operation of

 

subsection (10) until that regional enhancement property tax is

 

renewed.

 

     (10) For a regional enhancement property tax that is initially

 

authorized and levied or renewed after the effective date of the

 

amendatory act that added this subsection, for the purposes of this

 

section, an intermediate school district is considered to be a

 

single constituent district of the intermediate school district if

 

it enrolls pupils who are counted in membership by the intermediate

 

school district and not counted in membership by another

 

intermediate school district, school district, or public school

 

academy.

 

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.