April 24, 2012, Introduced by Reps. Hughes, Denby, Pscholka, Ouimet and Rogers and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 15 (MCL 388.1615), as amended by 2011 PA 62.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) If a district or intermediate district fails to
receive its proper apportionment, the department, upon satisfactory
proof that the district or intermediate district was entitled
justly, shall apportion the deficiency in the next apportionment.
Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the
department, upon satisfactory proof, shall deduct the excess in the
next apportionment. Notwithstanding any other provision in this
article, state aid overpayments to a district, other than
overpayments in payments for special education or special education
transportation, may be recovered from any payment made under this
article other than a special education or special education
transportation payment, from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under
section 1211 of the revised school code, MCL 380.1211. State aid
overpayments made in special education or special education
transportation payments may be recovered from subsequent special
education or special education transportation payments, from the
proceeds of a loan to the district under the emergency municipal
loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds
of millage levied or pledged under section 1211 of the revised
school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the
department affects the current fiscal year membership, affected
payments shall be adjusted in the current fiscal year. A deduction
due to an adjustment made as a result of an audit conducted by or
for the department, or as a result of information obtained by the
department from the district, an intermediate district, the
department of treasury, or the office of auditor general, shall be
deducted from the district's apportionments when the adjustment is
finalized. At the request of the district and upon the district
presenting evidence satisfactory to the department of the hardship,
the department may grant up to an additional 4 years for the
adjustment and may advance payments to the district otherwise
authorized under this act if the department determines that the
district would otherwise experience a significant hardship in
satisfying its financial obligations.
(3) If, because of the receipt of new or updated data, the
department determines during a fiscal year that the amount paid to
a district or intermediate district under this act for a prior
fiscal year was incorrect under the law in effect for that year,
the department may make the appropriate deduction or payment in the
district's or intermediate district's allocation for the fiscal
year in which the determination is made. The deduction or payment
shall be calculated according to the law in effect in the fiscal
year in which the improper amount was paid. If the district does
not receive an allocation for the fiscal year or if the allocation
is not sufficient to pay the amount of any deduction, the amount of
any deduction otherwise applicable shall be satisfied from the
proceeds of a loan to the district under the emergency municipal
loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds
of millage levied or pledged under section 1211 of the revised
school code, MCL 380.1211, as determined by the department.
(4) Expenditures made by the department under this article
that are caused by the write-off of prior year accruals may be
funded by revenue from the write-off of prior year accruals.
(5) In addition to funds appropriated in section 11 for all
programs and services, there is appropriated for 2011-2012 for
obligations in excess of applicable appropriations an amount equal
to the collection of overpayments, but not to exceed amounts
available from overpayments.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5566(request no.
04142'11 *).
(b) Senate Bill No.____ or House Bill No. 5567(request no.
05368'12 *).
(c) Senate Bill No.____ or House Bill No. 5569(request no.
05370'12 *).
(d) Senate Bill No.____ or House Bill No. 5570(request no.
05384'12 *).