HOUSE BILL No. 5083


     September 23, 1997, Introduced by Reps. Emerson, Profit, Brater, Curtis, Palamara, Ciaramitaro, Martinez, Price, Gubow, Bogardus, Frank, Cherry, Prusi, Tesanovich, Hood and Dobronski and referred to the Committee on Appropriations.


        A bill to amend 1984 PA 431, entitled

   "The management and budget act,"

   (MCL 18.1101 to 18.1594) by adding section 353e.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 353E.  (1) NOTWITHSTANDING SECTION 353, FOR THE FISCAL

 2    YEAR ENDING SEPTEMBER 30, 1997 ONLY, THERE IS APPROPRIATED AND

 3    TRANSFERRED FROM THE FUND TO THE STATE SCHOOL AID FUND THE SUM OF

 4    $211,000,000.00 FOR THE PURPOSE OF PAYING MONEY DAMAGES TO SCHOOL

 5    DISTRICTS AND INTERMEDIATE SCHOOL DISTRICTS WHO WERE PLAINTIFFS

 6    IN THE CONSOLIDATED CASES KNOWN AS DURANT V STATE OF MICHIGAN,

 7    SUPREME COURT DOCKET NO. 104458-104492, ACCORDING TO THE SUPREME

 8    COURT'S JULY 31, 1997 OPINION IN THAT CASE.

 9         (2) NOTWITHSTANDING SECTION 353, FOR EACH FISCAL YEAR

10    BEGINNING WITH THE FISCAL YEAR ENDING SEPTEMBER 30, 1998 AND

11    ENDING WITH THE FISCAL YEAR ENDING SEPTEMBER 30, 2007, THERE IS


   04540'97 *                                               TAV
                                                2

 1    APPROPRIATED AND TRANSFERRED FROM THE FUND TO THE STATE SCHOOL

 2    AID FUND THE SUM OF $77,000,000.00 FOR THE PURPOSE OF MAKING PAY-

 3    MENTS TO SCHOOL DISTRICTS AND INTERMEDIATE SCHOOL DISTRICTS OTHER

 4    THAN THOSE DESCRIBED IN SUBSECTION (1), CALCULATED ON THE SAME

 5    BASIS AS THE PAYMENT OF MONEY DAMAGES DESCRIBED IN

 6    SUBSECTION (1).  THE APPROPRIATION UNDER THIS SUBSECTION FOR EACH

 7    FISCAL YEAR SHALL BE PAID TO THE STATE SCHOOL AID FUND ON

 8    AUGUST 1 OF THAT FISCAL YEAR OR ON THE NEXT SUCCEEDING BUSINESS

 9    DAY.  THE APPROPRIATION UNDER THIS SUBSECTION FOR EACH FISCAL

10    YEAR SHALL BE PAID TO THE GREATEST EXTENT POSSIBLE FROM INTEREST

11    AND OTHER EARNINGS OF THE FUND AND ANY REMAINING AMOUNT SHALL BE

12    PAID FROM FUND PRINCIPAL.

13         Enacting section 1.  This amendatory act does not take

14    effect unless Senate Bill No. 178 of the 89th Legislature is

15    enacted into law.



























   04540'97 *          Final page.                          TAV