Bill Text: MI HB6015 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Education; financing; levy of enhancement millage by school district and sharing of revenue from that millage among contributing school districts; allow. Amends title of 1976 PA 451 (MCL 380.1 - 380.1852) & adds sec. 1211b.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-11-10 - Bill Electronically Reproduced 11/09/2016 [HB6015 Detail]

Download: Michigan-2015-HB6015-Introduced.html

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HOUSE BILL No. 6015

 

 

November 9, 2016, Introduced by Rep. Irwin and referred to the Committee on Tax Policy.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by amending the title, as amended by 2016

 

PA 192, and by adding section 1211b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to provide a system of public instruction and

 

elementary and secondary schools; to revise, consolidate, and

 

clarify the laws relating to elementary and secondary education; to

 

provide for the organization, regulation, and maintenance of

 

schools, school districts, public school academies, intermediate

 

school districts, and other public school entities; to prescribe

 

rights, powers, duties, and privileges of schools, school

 

districts, public school academies, intermediate school districts,

 

and other public school entities; to provide for the regulation of

 

school teachers and certain other school employees; to provide for

 

school elections and to prescribe powers and duties with respect

 

thereto; to provide for the levy and collection of certain taxes;

 

to provide for the borrowing of money and issuance of bonds and

 

other evidences of indebtedness; to establish a fund certain funds

 

and provide for expenditures from that fund; those funds; to make

 

appropriations for certain purposes; to provide for and prescribe

 

the powers and duties of certain state departments, the state board

 

of education, and certain other boards and officials; to provide

 

for licensure of boarding schools; to prescribe penalties; and to

 

repeal acts and parts of acts.

 

     Sec. 1211b. (1) Beginning in 2017, an equitable enhancement

 

property tax may be levied by a school district at a rate of 1 mill

 

to enhance other state and local funding for local school district

 

operations if approved by a majority of the school electors voting

 

on the question within the school district.

 

     (2) If a school board adopts a resolution requesting that the

 

question of levying an equitable enhancement property tax be

 

submitted to the school electors, the school district shall place

 

the question of levying a 1-mill equitable enhancement property tax

 

on property within the school district on the ballot at the next

 

regular school election held at least 90 days after the resolution

 

is adopted. If the resolution is adopted more than 180 days before

 

the next regular school district election, and if requested in the

 

resolution, the school district shall submit the question of

 

levying a 1-mill equitable enhancement property tax on property

within the school district on the ballot at a special election

 

called by the school board for that purpose not earlier than 90

 

days after the resolution is adopted.

 

     (3) Not later than 5 days after receipt by the school district

 

of the revenue from the equitable enhancement property tax, the

 

school district shall submit that revenue to the state treasurer

 

for deposit into the equitable enhancement fund created in this

 

section. On August 1 of each year, or if that date is not a

 

business day on next business day after that date, the state

 

treasurer shall calculate and distribute to each contributing

 

school district an amount of the total statewide revenue from the

 

levy of equitable enhancement taxes calculated by dividing the

 

total amount of that revenue deposited since August 1 of the

 

immediately preceding year by the combined total membership of all

 

contributing school districts, as of the most recent pupil

 

membership count day, and multiplying that quotient by the

 

contributing school district's membership, as of the most recent

 

pupil membership count day for which a final department-audited

 

pupil count is available. The state treasurer shall not make any

 

distribution under this subsection to a school district for any

 

year in which the school district is not a contributing school

 

district.

 

     (4) If a contributing school district has entered into an

 

agreement with another school district or public entity to perform

 

the functions and responsibilities of the contributing school

 

district for operating a public school of the contributing school

 

district, then for the purposes of subsection (3) the pupils in

membership in that public school shall be considered to be in

 

membership in the contributing school district and a proportionate

 

share of the revenue payable to the contributing school district

 

under this section shall be transferred by the contributing school

 

district to the school district or public entity performing the

 

functions and responsibilities of the contributing school 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 contributing

 

school district's membership that is enrolled in the particular

 

public school for the state fiscal year corresponding to the tax

 

year. Revenue from an equitable enhancement property tax under this

 

section shall not be allocated or paid to a contributing school

 

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.

 

     (5) An equitable 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 with the

 

approval of a majority of the school electors voting on the

 

question.

 

     (6) The question of levying an equitable enhancement property

 

tax under this section shall be presented to the school electors as

 

a separate question.

 

     (7) The equitable enhancement fund is created as a separate

 

fund in the state treasury. The state treasurer shall deposit money

 

received under subsection (3) into the fund and may receive money

or other assets from any source for deposit into the fund. The

 

state treasurer shall direct the investment of the fund. The state

 

treasurer shall credit to the fund interest and earnings from fund

 

investments. Money in the fund at the close of the fiscal year

 

shall remain in the fund and shall not lapse to the general fund.

 

The department or treasury shall be the administrator of the fund

 

for auditing purposes. The department of treasury shall expend

 

money from the fund, upon appropriation, only for making

 

distributions to contributing school districts under subsection

 

(3).

 

     (8) As used in this section, "contributing school district"

 

means a school district that has submitted money for deposit into

 

the equitable enhancement fund since August 1 of the immediately

 

preceding year.