Bill Text: MI HB4388 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Education; financing; school district's permissible use of sinking funds; expand to include school security improvements and technology. Amends sec. 1212 of 1976 PA 451 (MCL 380.1212).
Spectrum: Slight Partisan Bill (Republican 15-6)
Status: (Passed) 2016-11-10 - Assigned Pa 319'16 [HB4388 Detail]
Download: Michigan-2015-HB4388-Engrossed.html
HB-4388, As Passed House, June 8, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 4388
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 All of the following apply to a
7 sinking fund tax authorized under this section:
8 (a) For a sinking fund tax authorized before the effective
9 date of the amendatory act that added subsection (6), the sinking
1 fund tax may be used for the purchase of real estate for sites for,
2 and the construction or repair of, school buildings. For a sinking
3 fund tax authorized on or after the effective date of the
4 amendatory act that added subsection (6), the sinking fund tax may
5 be used for the purchase of real estate for sites for, and the
6 construction or repair of, school buildings, for school security
7 improvements, or for the acquisition or upgrading of technology.
8 (b) For a sinking fund tax authorized before the effective
9 date of the amendatory act that added subsection (6), the sinking
10 fund tax shall not exceed 5 mills. For a sinking fund tax
11 authorized on or after the effective date of the amendatory act
12 that added subsection (6), the sinking fund tax shall not exceed 3
13 mills.
14 (c) For a sinking fund tax authorized before the effective
15 date of the amendatory act that added subsection (6), the sinking
16 fund tax may be levied each year for a period not to exceed 20
17 years. For a sinking fund tax authorized on or after the effective
18 date of the amendatory act that added subsection (6), the sinking
19 fund tax may be levied each year for a period not to exceed 10
20 years.
21 (d) The sinking fund tax levy is subject to the 15 mill tax
22 limitation provisions of section 6 of article IX of the state
23 constitution of 1963 and the property tax limitation act, 1933 PA
24 62, MCL 211.201 to 211.217a.
25 (2) A school district that levies a sinking fund tax under
26 this section shall have an independent audit of its sinking fund
27 conducted annually, including a review of the uses of the sinking
1 fund, and shall submit the audit report to the department of
2 treasury. If the department of treasury determines from the audit
3 report that the sinking fund has been used for a purpose other than
4 those authorized for the sinking fund under this section, the
5 school district shall repay the misused funds to the sinking fund
6 from the school district's operating funds and shall not levy a
7 sinking fund tax under this section after the date the department
8 of treasury makes that determination.
9 (3) (2) The proposition of levying a sinking
fund tax shall be
10 submitted to the school electors of the school district at a
11 regular or special school election.
12 (4) (3) The question of levying taxes for the
purpose of
13 creating a sinking fund shall be by ballot in substantially the
14 following form:
15 "Shall _______________________________ levy _______ mills
16 (legal name of school district)
17 to create a sinking fund for the purpose of ___________________
18 _______________________________________________________________
19 for a period of _____ years?
20 Yes ( )
21 No ( )".
22 (5) (4) For the purposes of this section,
millage approved by
23 the school electors before December 1, 1993 for which the
24 authorization has not expired is considered to be approved by the
25 school electors.
26 (6) As used in this section:
1 (a) "School security improvement" means any capital
2 improvement or purchase that is designed to act as a deterrent to
3 unauthorized entry of persons or items onto school premises or to
4 otherwise promote security, including, but not limited to, metal
5 detectors, locks, doors, lighting, cameras, and enhancements to
6 entryways. School security improvement also includes a mobile
7 telephone application that provides the ability to communicate with
8 personnel on site while also connecting an emergency telephone call
9 to a 9-1-1 center. School security improvement does not include
10 personnel costs or operation costs related to a capital improvement
11 or purchase or related to a mobile telephone application.
12 (b) "Technology" means that term as defined in section 1351a.
