March 5, 2013, Introduced by Reps. Zemke, Schor, Irwin, Callton, LaVoy, Singh, Kosowski, McCann, Ananich, Townsend, Knezek, Cavanagh, Kesto, Driskell and Switalski and referred to the Committee on Tax Policy.
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
5 each year for a period of not to exceed 20 years, for the purpose
6 of creating a sinking fund to be used for the purchase of real
7 estate for sites for, and the construction or repair of, school
8 buildings or for acquiring and maintaining equipment for school
9 buildings for school safety and security. The sinking fund tax
10 levy is subject to the 15 mill tax limitation provisions of
1 section 6 of article IX of the state constitution of 1963 and the
2 property tax limitation act, 1933 PA 62, MCL 211.201 to 211.217a.
3 (2) A school district that levies a sinking fund tax under
4 this section shall have an independent audit of its sinking fund
5 conducted annually, including a review of the uses of the sinking
6 fund, and shall submit the audit report to the department of
7 treasury. If the department of treasury determines from the audit
8 report that the sinking fund has been used for a purpose other
9 than those authorized for the sinking fund under this section,
10 the school district shall repay the misused funds to the sinking
11 fund from the school district's operating funds and shall not
12 levy a sinking fund tax under this section after the date the
13 department of treasury makes that determination.
14 (3) (2) The
proposition of levying a sinking fund tax shall
15 be submitted to the school electors of the school district at a
16 regular or special school election.
17 (4) (3) The
question of levying taxes for the purpose of
18 creating a sinking fund shall be by ballot in substantially the
19 following form:
20 "Shall _______________________________ levy ________ mills
21 (legal name of school district)
22 to create a sinking fund for the purpose of ____________________
23 ________________________________________________________________
24 for a period of _____ years?
25 Yes ( )
26 No ( )".
1 (5) (4) For
the purposes of this section, millage approved
2 by the school electors before December 1, 1993 for which the
3 authorization has not expired is considered to be approved by the
4 school electors.