HOUSE BILL No. 6419

 

September 6, 2006, Introduced by Reps. Gaffney, Vagnozzi and David Law and referred to the Committee on Appropriations.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1211 (MCL 380.1211), as amended by 2003 PA 126.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1211. (1) Except as otherwise provided in this section,  

 

and section 1211c,  the board of a school district shall levy not

 

more than 18 mills for school operating purposes or the number of

 

mills levied in 1993 for school operating purposes, whichever is

 

less. A principal residence and qualified agricultural property are

 

exempt from the mills levied under this subsection except for the

 

number of mills by which that exemption is reduced under this

 

subsection. The board of a school district with a foundation

 

allowance calculated under section 20 of the state school aid act

 


of 1979, MCL 388.1620, for the 1994-95 state fiscal year of more

 

than $6,500.00, may reduce the number of mills from which a

 

principal residence and qualified agricultural property are

 

exempted under this subsection by up to the number of mills, as

 

certified under section 1211a, required to be levied on a principal

 

residence and qualified agricultural property for the school

 

district's combined state and local revenue per membership pupil

 

for the school fiscal year ending in 1995 to be equal to the school

 

district's foundation allowance for the state fiscal year ending in

 

1995, and the board also may levy in 1994 or a succeeding year that

 

number of mills for school operating purposes on a principal

 

residence and qualified agricultural property. In addition,

 

beginning in 2006, for a school district that had a foundation

 

allowance for the 1994-95 state fiscal year of more than $6,500.00,

 

the board of the school district may reduce the number of mills

 

from which a principal residence and qualified agricultural

 

property are exempted under this subsection by up to the number of

 

mills, as certified by the department of treasury, required to be

 

levied on a principal residence and qualified agricultural property

 

for the school district's combined state and local revenue per

 

membership pupil for each school fiscal year to be equal to the

 

greater of the following:

 

     (a) The sum of the district's foundation allowance for the

 

immediately preceding state fiscal year plus the dollar increase in

 

the basic foundation allowance for the current state fiscal year as

 

compared to the immediately preceding state fiscal year.

 

     (b) An amount equal to the district's foundation allowance for

 


the immediately preceding state fiscal year or the district's

 

combined state and local revenue per membership pupil for the

 

immediately preceding state fiscal year, whichever is greater,

 

adjusted by an amount determined by the state treasurer at the end

 

of the calendar year ending in the immediately preceding state

 

fiscal year to reflect the cumulative annual percentage change in

 

the general price level.

 

     (2) Subject to subsection (3), if the department of treasury

 

determines that the maximum number of mills allowed to be levied

 

under subsection (1) on all classes of property is not sufficient

 

for a school district's combined state and local revenue per

 

membership pupil for the school fiscal year ending in 1995 to be

 

equal to the school district's foundation allowance for that school

 

fiscal year, the board of the school district may levy in 1994 or a

 

succeeding year additional mills uniformly on all property up to

 

the number of mills required for the school district's combined

 

state and local revenue per membership pupil for the school fiscal

 

year ending in 1995 to be equal to the school district's foundation

 

allowance for the state fiscal year ending in 1995. In addition,

 

beginning in 2006, for a school district that had a foundation

 

allowance for the 1994-95 state fiscal year of more than $6,500.00,

 

the board of the school district may levy for that year additional

 

mills uniformly on all property up to the number of mills, as

 

certified by the department of treasury, required for the school

 

district's combined state and local revenue per membership pupil

 

for each school fiscal year to be equal to the greater of the

 

following:

 


     (a) The sum of the district's foundation allowance for the

 

immediately preceding state fiscal year plus the dollar increase in

 

the basic foundation allowance for the current state fiscal year as

 

compared to the immediately preceding state fiscal year.

 

     (b) An amount equal to the district's foundation allowance for

 

the immediately preceding state fiscal year or the district's

 

combined state and local revenue per membership pupil for the

 

immediately preceding state fiscal year, whichever is greater,

 

adjusted by an amount determined by the state treasurer at the end

 

of the calendar year ending in the immediately preceding state

 

fiscal year to reflect the cumulative annual percentage change in

 

the general price level.

 

     (3) After 1994, except as otherwise provided in this

 

subsection, the number of mills a school district may levy under

 

this section on any class of property shall not exceed the lesser

 

of the number of mills the school district is certified by the

 

department of treasury under section 1211a to levy on that class of

 

property under this section in 1994 or the number of mills required

 

to be levied on that class of property under this section to ensure

 

that the increase from the immediately preceding state fiscal year

 

in the school district's combined state and local revenue per

 

membership pupil, calculated as if the school district had levied

 

the maximum number of mills the school district was allowed to levy

 

under this section regardless of the number of mills the school

 

district actually levied, does not exceed the lesser of the dollar

 

amount of the increase in the basic foundation allowance  under

 

section 20 of the state school aid act of 1979, MCL 388.1620,  from

 


the immediately preceding state fiscal year or the percentage

 

increase in the general price level in the immediately preceding

 

calendar year. However, beginning in 2006, for a school district

 

that had a foundation allowance for the 1994-95 state fiscal year

 

of more than $6,500.00, the number of mills the board of the school

 

district may levy under this section on any class of property shall

 

not exceed the greater of the number of mills the school district

 

is certified by the department of treasury under section 1211a to

 

levy on that class of property under this section in 1994 or the

 

number of mills, as certified by the department of treasury,

 

required to be levied on that class of property under this section

 

to ensure that the school district's combined state and local

 

revenue per membership pupil for each school fiscal year is equal

 

to the greater of the following:

 

     (a) The sum of the district's foundation allowance for the

 

immediately preceding state fiscal year plus the dollar increase in

 

the basic foundation allowance for the current state fiscal year as

 

compared to the immediately preceding state fiscal year.

 

     (b) An amount equal to the district's foundation allowance for

 

the immediately preceding state fiscal year or the district's

 

combined state and local revenue per membership pupil for the

 

immediately preceding state fiscal year, whichever is greater,

 

adjusted by an amount determined by the state treasurer at the end

 

of the calendar year ending in the immediately preceding state

 

fiscal year to reflect the cumulative annual percentage change in

 

the general price level.

 

     (4) If the number of mills a school district is allowed to

 


levy under this section in a year after 1994 is less than the

 

number of mills the school district was allowed to levy under this

 

section in the immediately preceding year, any reduction required

 

by  this  subsection (3) in the school district's millage rate

 

shall be calculated by first reducing the number of mills the

 

school district is allowed to levy under subsection (2) and then

 

increasing the number of mills from which a principal residence and

 

qualified agricultural property are exempted under subsection (1).

 

     (5)  (4)  Millage levied under this section must be approved

 

by the school electors. For the purposes of this section, millage

 

approved by the school electors before January 1, 1994 for which

 

the authorization has not expired is considered to be approved by

 

the school electors.

 

     (6)  (5)  If a school district levies millage for school

 

operating purposes that is in excess of the limits of this section,

 

the amount of the resulting excess tax revenue shall be deducted

 

from the school district's next regular tax levy.

 

     (7)  (6)  If a school district levies millage for school

 

operating purposes that is less than the limits of this section,

 

the board of the school district may levy at the school district's

 

next regular tax levy an additional number of mills not to exceed

 

the additional millage needed to make up the shortfall.

 

     (8)  (7)  A school district shall not levy mills allocated

 

under the property tax limitation act, 1933 PA 62, MCL 211.201 to

 

211.217a, other than mills allocated to a school district of the

 

first class for payment to a public library commission under

 

section 11(4) of the property tax limitation act, 1933 PA 62, MCL

 


211.211, after 1993.

 

     (9)  (8)  As used in this section:

 

     (a) "Basic foundation allowance" means the basic foundation

 

allowance as specified in section 20 of the state school aid act of

 

1979, MCL 388.1620.

 

     (b)  (a)  "Combined state and local revenue per membership

 

pupil" means that term as defined in section 20 of the state school

 

aid act of 1979, MCL 388.1620.

 

     (c)  (b)  "Foundation allowance" means a school district's

 

foundation allowance as calculated under section 20 of the state

 

school aid act of 1979, MCL 388.1620.

 

     (d)  (c)  "General price level" means that term as defined in

 

section 33 of article IX of the state constitution of 1963.

 

     (e)  (d)  "Membership" means that term as defined in section 6

 

of the state school aid act of 1979, MCL 388.1606.

 

     (f)  (e)  "Owner", "person", "principal residence", and

 

"qualified agricultural property" mean those terms as defined in

 

section 7dd of the general property tax act, 1893 PA 206, MCL

 

211.7dd.

 

     (g)  (f)  "School operating purposes" includes expenditures

 

for furniture and equipment, for alterations necessary to maintain

 

school facilities in a safe and sanitary condition, for funding the

 

cost of energy conservation improvements in school facilities, for

 

deficiencies in operating expenses for the preceding year, and for

 

paying the operating allowance due from the school district to a

 

joint high school district in which the school district is a

 

participating school district under former part 3a. Taxes levied

 


for school operating purposes do not include any of the following:

 

     (i) Taxes levied by a school district for operating a community

 

college under part 25.

 

     (ii) Taxes levied under section 1212.

 

     (iii) Taxes levied under section 1356 for eliminating an

 

operating deficit.

 

     (iv) Taxes levied for operation of a library under section 1451

 

or for operation of a library established pursuant to 1913 PA 261,

 

MCL 397.261 to 397.262, that were not included in the operating

 

millage reported by the district to the department as of April 1,

 

1993. However, a district may report to the department not later

 

than April 1, 1994 the number of mills it levied in 1993 for a

 

purpose described in this subparagraph that the school district

 

does not want considered as operating millage and then that number

 

of mills is excluded under this section from taxes levied for

 

school operating purposes.

 

     (v) Taxes paid by a school district of the first class to a

 

public library commission pursuant to section 11(4) of the property

 

tax limitation act, 1933 PA 62, MCL 211.211.

 

     (vi) Taxes levied under former section 1512 for operation of a

 

community swimming pool. In addition, if a school district included

 

the millage it levied in 1993 for operation of a community swimming

 

pool as part of its operating millage reported to the department

 

for 1993, the school district may report to the department not

 

later than June 17, 1994 the number of mills it levied in 1993 for

 

operation of a community swimming pool that the school district

 

does not want considered as operating millage and then that number

 


of mills is excluded under this section from taxes levied for

 

school operating purposes.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6420(request no.

 

04956'05 a) of the 93rd Legislature is enacted into law.