December 9, 2015, Introduced by Rep. Pagan and referred to the Committee on Appropriations.
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 each
5 year for a period of not to exceed 20 years, for the purpose of
6 creating a sinking fund to be used for the purchase of real estate
7 for sites for, and the construction or repair of, school buildings;
8 for school safety and security improvements; or for any other
9 capital purchase. The sinking fund tax levy is subject to the 15
1 mill tax limitation provisions of section 6 of article IX of the
2 state constitution of 1963 and the property tax limitation act,
3 1933 PA 62, MCL 211.201 to 211.217a.
4 (2) A school district that levies a sinking fund tax under
5 this section shall have an independent audit of its sinking fund
6 conducted annually, including a review of the uses of the sinking
7 fund, and shall submit the audit report to the department of
8 treasury. If the department of treasury determines from the audit
9 report that the sinking fund has been used for a purpose other than
10 those authorized for the sinking fund under this section, the
11 school district shall repay the misused funds to the sinking fund
12 from the school district's operating funds and shall not levy a
13 sinking fund tax under this section after the date the department
14 of treasury makes that determination.
15 (3) (2) The
proposition of levying a sinking fund tax shall be
16 submitted to the school electors of the school district at a
17 regular or special school election.
18 (4) (3) The
question of levying taxes for the purpose of
19 creating a sinking fund shall be by ballot in substantially the
20 following form:
21 "Shall _______________________________ levy ________ mills
22 (legal name of school district)
23 to create a sinking fund for the purpose of ____________________
24 ________________________________________________________________
25 for a period of _____ years?
26 Yes ( )
1 No ( )".
2 (5) (4) For
the purposes of this section, millage approved by
3 the school electors before December 1, 1993 for which the
4 authorization has not expired is considered to be approved by the
5 school electors.
6 Enacting section 1. This amendatory act takes effect 90 days
7 after the date it is enacted into law.