HOUSE BILL No. 4420
March 5, 1997, Introduced by Rep. Hood and referred to the Committee on Appropriations. A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 11 (MCL 388.1611), as amended by 1996 PA 300. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11. (1) There is appropriated for the public schools 2 of this state and certain other state purposes relating to educa- 3 tion from the state school aid fund established by section 11 of 4 article IX of the state constitution of 1963 the sum of 5 $7,618,289,000.00, and from the general fund the sum of 6 $594,052,000.00, for the fiscal year ending September 30, 1996. 7 In addition, available federal funds are appropriated for 8 1995-96. Also, an additional $26,000,000.00 is appropriated for 9 1995-96 from the uninsured employers' security fund to the state 10 school aid fund, and that $26,000,000.00 is then appropriated for 02675'97 TAV 2 1 1995-96 from the state school aid fund to be used for the 2 purposes of this act. There is appropriated for the public 3 schools of this state and certain other state purposes relating 4 to education from the state school aid fund established by sec- 5 tion 11 of article IX of the state constitution of 1963 the sum 6 of $8,183,200,000.00 $__________.00, and from the general fund 7 the sum of $299,900,000.00 $__________.00, for the fiscal year 8 ending September 30, 1997 1998. Also, there is appropriated 9 an additional $33,000,000.00 from the state school aid fund for 10 the fiscal year ending September 30, 1997. However, if the 11 director of the department of management and budget determines 12 that the federal government has failed to enact comprehensive 13 reforms in the federal cash welfare and medicaid programs by 14 October 1, 1996, and notifies the senate and house appropriations 15 committees of that determination, there is instead appropriated 16 for 1996-97 from the state school aid fund the sum of 17 $8,230,000,000.00, and from the general fund the sum of 18 $286,100,000.00. In addition, there is created in the state 19 school aid fund a separate contingency fund in an amount equal to 20 this $13,800,000.00 adjustment and there is created in the gen- 21 eral fund a separate contingency fund in an amount equal to this 22 $13,800,000.00 adjustment. Contingency fund transfers are autho- 23 rized for 1996-97 in an amount necessary to reverse these 24 adjustments. These transfers shall conform with the provisions 25 of section 393(2) of the management and budget act, Act No. 431 26 of the Public Acts of 1984, being section 18.1393 of the Michigan 27 Compiled Laws. Transfers may restore all or part of each 02675'97 3 1 adjustment. In addition, available federal funds are 2 appropriated for 1996-97 1997-98. 3 (2) In addition to the appropriations under subsection (1), 4 for the fiscal year ending September 30, 1996 there is appropri- 5 ated $174,500,000.00 from the reserve for health benefits for the 6 purposes of this act. From the general fund money appropriated 7 in subsection (1) for the fiscal year ending September 30, 1997, 8 there is appropriated from the general fund the sum of 9 $96,638,400.00 to the local government payment fund for the pur- 10 pose of maintaining the state spending to local units of govern- 11 ment as required by section 30 of article IX of the state consti- 12 tution of 1963 for the fiscal year ending September 30, 1993. 13 For the fiscal year ending September 30, 1997, there is appropri- 14 ated from the local government payment fund the sum of 15 $96,638,400.00 to the general fund for transfer to the state 16 school aid fund to support the purposes of this act for the 17 1996-97 fiscal year. 18 (2) (3) The appropriations under this section shall be 19 allocated as provided in this act. Money appropriated under this 20 section from the general fund , from the reserve for health 21 benefits, and from available federal funds shall be expended to 22 fund the purposes of this act before the expenditure of money 23 appropriated under this section from the state school aid fund. 24 If the maximum amount appropriated under this section from the 25 state school aid fund for a fiscal year exceeds the amount neces- 26 sary to fully fund allocations under this act from the state 27 school aid fund, that excess amount shall not be expended in that 02675'97 4 1 state fiscal year and shall not lapse to the general fund, but 2 instead shall remain in the state school aid fund. 3 (3) (4) If the maximum amount appropriated under this sec- 4 tion from the state school aid fund for a fiscal year exceeds the 5 amount available for expenditure from the state school aid fund 6 for that fiscal year, payments under each section of this act 7 shall be prorated on an equal percentage basis as necessary to 8 reflect the amount available for expenditure from the state 9 school aid fund for that fiscal year. However, beginning in 10 1996-97, if the department of treasury determines that proration 11 will be required under this subsection, the department of trea- 12 sury shall notify the director of the department of management 13 and budget, and the director of the department of management and 14 budget shall notify the legislature at least 30 calendar days or 15 6 legislative session days, whichever is more, before the depart- 16 ment reduces any payments under this act because of the 17 proration. During the 30 calendar day or 6 legislative session 18 day period after that notification by the director of the depart- 19 ment of management and budget, the department shall not reduce 20 any payments under this act because of proration under this 21 subsection. The legislature may prevent proration from occurring 22 by, within the 30 calendar day or 6 legislative session day 23 period after that notification by the department of management 24 and budget, enacting legislation appropriating additional funds 25 from the general fund, countercyclical budget and economic stabi- 26 lization fund, state school aid fund balance, or another source 27 to fund the amount of the projected shortfall. 02675'97