1 Michigan Constitution of 1963, Article VIII, Section 2.
2 Michigan Constitution of 1963, Article VIII, Section 3.
3 Michigan Constitution of 1963, Article VIII, Section 3.
4 Michigan Constitution of 1963, Article VIII, Section 3.
5 Michigan Constitution of 1963, Article VIII, Section 3.
6 MCL § 16.402.
7 The No Child Left Behind Act of 2001, Public Law 107-110,
20 U.S.C. § 6301 et seq.
8 For a table of federal outlays for education by department
or program, see Table 359 in "Digest of Education Statistics 2005,"
(Institute of Education Sciences, National Center for Education Statistics,
U.S. Department of Education, 2006),
http://nces.ed.gov/programs/digest/d05/.
9 MCL §§ 380.1280, 380.11a.
10 MCL § 380.1246(1).
11 MCL § 380.1129.
12 MCL § 380.502(2).
13 MCL § 380.601
et seq.
14 MCL § 388.1601
et seq.
15 Michigan Constitution of 1963, Article IX, Section 3.
16 Michigan Constitution of 1963, Article IX, Section 31.
17 Michigan Constitution of 1963, Article IX, Section 29.
18 Durant
v. State, 456 Mich 175 (1997) (Durant
I).
19 Mary Ann Cleary and Kathryn Summers-Coty, "Durant: What
happened and implications for the future,"
(Michigan House Fiscal Agency,
1999), 3.
20 MCL § 380.501.
21 MCL § 380.501.
22 MCL § 388.1606(11).
23 MCL § 211.34c(2).
24 For the classification of real property, see MCL §
211.34c.
25 MCL § 211.7ee.
26 See, e.g., MCL § 380.1211(1); Andrew Lockwood, "The
Michigan Property Tax Real and Personal, 2003," (Office of Revenue and Tax
Analysis, Michigan Department of Treasury, 2005), 36,
http://www.mi.gov/documents/2003PropertyTaxReport_128524_7.pdf (accessed
December 31, 2005).
27 Michigan Constitution of 1963, Article IX, Section 3.
28 MCL § 211.27(1).
29 MCL § 211.27(5).
30 MCL § 211.27(2); for information on local tax assessors,
see MCL § 211.10d.
31 See MCL § 211.34d.
32 MCL § 211.27a(3).
33 MCL § 211.27a(2).
34 MCL § 211.34d(1)(b)(iv)(A), (C)(v), (C)(vii).
35 Tax amounts are to be rounded down to the nearest cent (MCL
§ 211.39(3)).
36 MCL § 211.27a(2).
37 MCL § 211.27d; for definitions of homestead exemptions,
§§ 211.7cc, 211.7ee.
38 MCL § 380.1211.
39 MCL § 380.1613.
40 MCL § 211.34d(2).
41 "Grand Ledge Public Schools: Headlee Override Vote,"
Michigan School Business Officials Web site,
http://www.msbo.org/services/biz/2005/Headlee_Override.ppt.
42 For simplicity, we have not included losses that would be
subtracted from Year A’s TV or additions that would be subtracted from Year
B’s TV. This concept is explained briefly below in the text.
43 Bonding to make up for a current or projected operating
deficit is allowed if the deficit is at least $100 per pupil and if other
requirements specified at MCL § 380.1356 are met.
44 MCL § 380.1211(8)(f).
45 MCL § 380.1211(4).
46 MCL § 380.1211(1).
47 MCL § 388.1620j.
48 MCL § 380.1211(3).
49 MCL § 380.1211(1), MCL § 380.1211a: "the department of
treasury shall certify … the number of mills by which a school district may
reduce the exemption for a homestead and qualified agricultural property for
1994. …"
50 MCL § 380.1212(1).
51 See C. Philip Kearney and Michael F. Addonizio,
A Primer on Michigan School
Finance, 4th ed. (Wayne State
University Press, 2002), 61.
52 MCL § 380.1212(3).
53 Lockwood, "The Michigan Property Tax Real and Personal,
2003.", 16 n. 14.
54 Michigan Constitution of 1963, Article IX, Section 31.
55 For types of bond issues, "State of Michigan Bond
Qualification Process Overview," (Michigan Department of Treasury, 2006), 1,
5,
http://www.michigan.gov/documents/3160_2815_7.pdf.
56 MCL § 380.1351(3).
57 "Bill Analysis: School Bond Loan Fund Reform," Michigan
Senate Fiscal Agency,
http://www.legislature.mi.gov/documents/2005-2006/billanalysis/Senate/
pdf/2005-SFA-0406-S.pdf.
58 MCL § 388.1925(2), which is part of the
School Bond Qualification,
Approval, and Loan Act, 93rd
Legislature, Public Act 92 of 2005. For the complete act, see MCL §
388.1921-388.1925. For a rough summary of new and revised provisions in this
statute, see "Bill Analysis: School Bond Loan Fund Reform." The Michigan
Senate Fiscal Agency’s analysis summarizes the state Senate bills, not the
public act, so it must be read with care.
59 This is the statute’s method of determining need for the
project. The following are factored into utilization calculation: (1)
Current enrollment data as filed with the Michigan Department of Education;
(2) projected enrollment for next five years as estimated by an independent
party; (3) number of current and proposed rooms or areas to which a teacher
is assigned; and (4) Pupils per room or area (as per item (3)) utilization
standards: (a) elementary: 25 students per room/area x 100 percent, (b)
junior high: 25 students per room/area x 90 percent, (c) senior high: 25
students per room/area x 85 percent. The district-wide utilization
percentage must equal 85 percent or greater for facilities to be built and
60 percent or greater for facilities to be renovated. For this description,
see "State of Michigan Bond Qualification Process Overview," 2.
60 For an explanation of these loans, see below. Qualified
bonds that were outstanding before July 20, 2005 — the date on which Public
Act 92 of 2005 became effective — are subject to slightly different
provisions: see MCL § 388.1929(2), (6). The stipulation that an application
include evidence that the new debt issue would not prevent a district
repaying existing loans on time is an addition in the 2005 law to the Public
Act 108 of 1961; see "Bill Analysis: School Bond Loan Fund Reform."
61 MCL § 388.1928(1).
62 For full details on MSBLF, see "State of Michigan Bond
Qualification Process Overview."
63 MCL § 123.52.
64 MCL § 123.52.
65 MCL § 211.205j.
66 MCL § 380.624.
67 MCL § 380.625a.
68 MCL § 380.625(2).
69 MCL § 380.681(1).
70 MCL § 380.681(4)(b).
71 MCL § 380.681(4)(a).
72 MCL § 380.1711(1).
73 MCL § 380.1723.
74 MCL § 380.705(1).
75 MCL § 380.705(4).
76 MCL § 380.705(3).
77 See Joe Carrasco Jr., "Declining Enrollment and Its
Effect on School District Revenue," (Senate Fiscal Agency, 2004), 3,
http://www.senate.michigan.gov/sfa/Publications/Notes/2004Notes/
NotesNovDec04jc.PDF
(accessed February 2, 2006). "Holland Union, District Still Split,"
Michigan Education Digest 7, no. 41 (2005), http://www.educationreport.org/7417.
78 MCL § 380.629(2).
79 Michigan Constitution of 1963, Article IX, Section 31.
80 See MCL § 380.629(1)(b); for other details, see the whole
of MCL § 380.629.
81 "State School Aid Fund by Source of Revenue 1992-93 to
2005-06," (Michigan Department of Education, 2007),
http://www.michigan.gov/documents/SAFREV04_117962_7.pdf (accessed April
12, 2007).
82 For a concise summary of sales tax exemptions in terms of
purchasers, items, transaction types, status of sellers and the use of the
personal property or service, see "Outline of the Michigan Tax System,"
(Citizens Research Council of Michigan, 2007), 25-26,
http://www.crcmich.org/PUBLICAT/1990s/1999/rpt327d.pdf (accessed
February 27, 2007). For a legislative history of the sales tax that led to
the various exemptions currently in place, see "Michigan’s Sales and Use
Taxes 2005," (Tax Analysis Division, Bureau of Tax and Economic Policy,
Michigan Department of Treasury, 2006), 5-7,
http://www.mi.gov/documents/
SalesAndUseTaxReport2005_May2006_160159_7.pdf
(accessed February 28, 2007).
83 See "Michigan’s Sales and Use Taxes 2005," 1.
84 "State of Michigan Revenue Source and Distribution: June
2006."
85 MCL § 205.93(2).
86 For a convenient list of exemptions, "Outline of the
Michigan Tax System," 29-30.
87 Michigan Constitution of 1963, Article IX, Section 8.
88 Ibid.
89 MCL § 205.111(1).
90 See "Michigan’s Sales and Use Taxes 2005," 1.
91 "State of Michigan Revenue Source and Distribution: June
2006."
92 The cigarette excise tax is not to be confused with the
state’s excise tax on cigars, noncigarette smoking tobacco and smokeless
tobacco: MCL § 205.427(1)(g).
93 MCL § 205.427(1)(b)-(e).
94 The aggregate percentage of the cigarette tax
appropriated to the state School Aid Fund is from the following calculations
based on the percentages of various cigarette tax raises in the Tobacco
Products Tax Act of 1993, as amended by Public Act 164 of 2004. The relevant
figures are: 63.4 percent of the original 37.5 mills per cigarette tax
(23.775 mills) [see MCL § 205.432(3)(e)], 56.3 percent of the 15 mill
increase on cigarettes (8.445 mills) [see MCL § 205.432(4)(b)] and 94
percent of a 10 mill raise on the cigarette tax (9.4 mills) [see MCL §
250.432(6)(a)]. The sum is 41.62 mills, which is 41.62 percent of 100 mills.
95 "State School Aid Fund by Source of Revenue 1993-94 to
2005-2006," (Michigan Department of Education, 2007),
http://www.michigan.gov/documents/SAFREV04_117962_7.pdf (accessed April
13, 2007).
96 MCL §§ 436.2201, 2205, 2207.
97 MCL § 436.2203. This tax should not be confused with the
tax on beer and wine, which is not credited to the state school aid fund.
98 "State School Aid Fund by Source of Revenue 1993-94 to
2005-2006."
99 MCL §§ 207.523-524.
100 "State School Aid Fund by Source of Revenue 1993-94 to
2005-2006."
101 For exemptions, see MCL § 207.1-21.
102 MCL § 211.903(1).
103 MCL § 211.905(1).
104 MCL § 211.905(6).
105 "State School Aid Fund by Source of Revenue 1993-94 to
2005-2006."
106 MCL § 324.51103(2)(a)-(c).
107 MCL § 324.51103
et seq.
108 MCL § 324.51109(1).
109 It could levy these on commercial forests listed in its
district, which would include some of those in Emmet County, as reported by
"Lands Listed as of 08/22/2005 14:09:39, County: Emmet (24)," (Michigan
Department of Natural Resources, 2005),
http://www.midnr.com/Publications/pdfs/ForestsLandWater/forestry/
CFListings/Emmet/Emmet.pdf
(accessed February 3, 2006).
110 MCL § 324.51301.
111 MCL § 324.51311.
112 MCL § 324.51312.
113 MCL § 207.561(2), § 207.561(5); for cases when the
revenue is allocated to the local district, see MCL § 207.561(3).
114 MCL § 207.712(6), (4).
115 MCL § 125.2102.
116 MCL § 125.2121(5)(a).
117 MCL § 125.2121b(9); for the calculation of the specific
tax rate, see MCL § 125.2121b(2).
118 MCL § 207.779(9).
119 MCL § 207.773(1).
120 See MCL §§ 207.771 – 207.787.
121 MCL § 207.779(10), (11).
122 MCL §§ 207.843(1), 207.843(5).
123 MCL § 125.1415a(2).
124 MCL § 125.1415a(2).
125 MCL § 125.1415a(4).