HOUSE BILL No. 6027
May 17, 2018, Introduced by Reps. Howell, Lucido, Noble, Canfield, Howrylak, Maturen and Dianda and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1212 (MCL 380.1212), as amended by 2016 PA 319.
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 on
3 the taxable value of the real and personal property of the school
4 district each year for the purpose of creating a sinking fund. All
5 of the following apply to a sinking fund tax authorized under this
6 section:
7 (a) For a sinking fund tax authorized before the effective
8 date of the amendatory act that added subsection (6), March 29,
9 2017, the sinking fund tax may be used for the purchase of real
10 estate for sites for, and the construction or repair of, school
1 buildings. For a sinking fund tax authorized on or after the
2 effective date of the amendatory act that added subsection (6),
3 March 29, 2017, the sinking fund tax may be used for the purchase
4 of real estate for sites for, and the construction or repair of,
5 school buildings, for school security improvements, or for the
6 acquisition or upgrading of technology.
7 (b) For a sinking fund tax authorized before the effective
8 date of the amendatory act that added subsection (6), March 29,
9 2017, the sinking fund tax shall not exceed 5 mills. For a sinking
10 fund tax authorized on or after the effective date of the
11 amendatory act that added subsection (6), March 29, 2017, the
12 sinking fund tax shall not exceed 3 mills.
13 (c) For a sinking fund tax authorized before the effective
14 date of the amendatory act that added subsection (6), March 29,
15 2017, the sinking fund tax may be levied each year for a period not
16 to exceed 20 years. For a sinking fund tax authorized on or after
17 the effective date of the amendatory act that added subsection (6),
18 March 29, 2017, the sinking fund tax may be levied each year for a
19 period not to exceed 10 years.
20 (d) The sinking fund tax levy is subject to the 15 mill tax
21 limitation provisions of section 6 of article IX of the state
22 constitution of 1963 and the property tax limitation act, 1933 PA
23 62, MCL 211.201 to 211.217a.
24 (2) A school district that levies a sinking fund tax under
25 this section shall have an independent audit of its sinking fund
26 conducted annually, including a review of the uses of the sinking
27 fund, and shall submit the audit report to the department of
1 treasury. If the department of treasury determines from the audit
2 report that the sinking fund has been used for a purpose other than
3 those authorized for the sinking fund under this section, the
4 school district shall repay the misused funds to the sinking fund
5 from the school district's operating funds and shall not levy a
6 sinking fund tax under this section after the date the department
7 of treasury makes that determination.
8 (3) The proposition of levying a sinking fund tax shall must
9 be submitted to the school electors of the school district at a
10 regular or special school election.
11 (4) The question of levying taxes for the purpose of creating
12 a sinking fund shall must be by ballot in substantially the
13 following form:
14
"Shall _______________________________ levy ________ mills
15
(legal name of school district)
16
to create a sinking fund for the purpose of ____________________
17
________________________________________________________________
18
for a period of _____ years?
19 Yes ( )
20 No ( )".
21 (5) For the purposes of this section, millage approved by the
22 school electors before December 1, 1993 for which the authorization
23 has not expired is considered to be approved by the school
24 electors.
25 (6) As used in this section:
26 (a) "School security improvement" means any capital
27 improvement or purchase that is designed to act as a deterrent to
1 unauthorized entry of persons or items onto school premises or to
2 otherwise promote security, including, but not limited to, metal
3 detectors, locks, doors, lighting, cameras, and enhancements to
4 entryways. School security improvement also includes a mobile
5 telephone application that provides the ability to communicate with
6 personnel on site while also connecting an emergency telephone call
7 to a 9-1-1 center. For a sinking fund tax authorized on or after
8 the effective date of the amendatory act that added this sentence,
9 school security improvement also includes personnel costs related
10 to a security officer. School security improvement does not include
11 personnel costs or operation costs related to a capital improvement
12 or purchase or related to a mobile telephone application.
13 (b) "Technology" means that term as defined in section 1351a.
14 Enacting section 1. This amendatory act takes effect 90 days
15 after the date it is enacted into law.