Michigan Compiled Laws
Act 92 of 2005 - School Bond Qualification, Approval, and Loan Act (388.1921 - 388.1939)
Section 388.1926 - Prequalification of Bonds; Determination by State Treasurer.

Sec. 6.
The state treasurer shall prequalify bonds of a school district if the state treasurer determines all of the following:
(a) The issuance of additional qualified bonds will not prevent the school district from repaying its outstanding qualified bonds, the proposed bonds, all outstanding qualified loans, and all qualified loans expected to be incurred with respect to all qualified bonds of the school district, including the proposed bond issue, not later than the applicable final mandatory repayment date.
(b) The form and language of the ballot conforms with the requirements of this act.
(c) The school district has filed an application complying with the requirements of section 5.
(d) If the proposed bond issue is approved by the voters after September 30, 2012 and will result in additional qualified loans, the outstanding balance of all qualified loans on the most recent May 1 or November 1 did not exceed $1,800,000,000.00. The $1,800,000,000.00 limitation described in the immediately preceding sentence does not apply after June 30, 2016.
(e) The issuance of additional qualified bonds approved by voters after September 30, 2012 will not have an adverse financial impact on the school district, this state, or the school loan revolving fund. In making this determination, the state treasurer shall consider relevant factors, including, but not limited to, whether the issuance of the proposed bond issue will cause the aggregate outstanding amount of qualified and nonqualified bonds, including the proposed bond issue, and currently outstanding qualified loans of the school district to exceed 25% of the taxable value of the school district at the time the proposed bonds are issued.
History: 2005, Act 92, Imd. Eff. July 20, 2005 ;-- Am. 2012, Act 437, Eff. Mar. 28, 2013

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 388 - Schools and School Aid

Act 92 of 2005 - School Bond Qualification, Approval, and Loan Act (388.1921 - 388.1939)

Section 388.1921 - Short Title.

Section 388.1922 - Purpose of Act.

Section 388.1923 - Definitions.

Section 388.1924 - Qualification of New Bonds; Terms and Conditions Applicable to Outstanding Qualified Bonds; Application for Prequalification.

Section 388.1925 - Preliminary Qualification; Application.

Section 388.1926 - Prequalification of Bonds; Determination by State Treasurer.

Section 388.1927 - Qualification of Bonds; Determination by State Treasurer; Order; Specifications; Loan Agreement; Failure to Issue Bonds Within Certain Time; Reapplication; Qualification of Refunding Bonds.

Section 388.1928 - Submission of Ballot to Electors; Ballot.

Section 388.1929 - Amount of Borrowing; Limitation; Payment Date for Outstanding Qualified Loans; Order; Maintenance of Separate Accounts for Each School District; Duration of Millage Levy; Amended and Restated Repayment Agreements; Waiver of Portion...

Section 388.1930 - Certificates of Qualification or Approval; File; Delivery.

Section 388.1931 - Rules; Bulletins.

Section 388.1932 - Failure to Apply for Prequalification, Qualification, or Approval of Bond Before Issuance.

Section 388.1933 - School District Owing Revolving Loan Fund; Filing Annual Loan Activity Application Required; Borrowing for Debt Service on Qualified Bonds; Draw Request; Duties of State Treasurer Upon Receipt of Qualified Loan Confirmation; Notifi...

Section 388.1934 - Failure of School District to Pay Principal and Interest Due on Qualified Bonds; Notice; Payment by State Treasurer; Billing of School District for Amount Paid; Remittance.

Section 388.1935 - Default; Repayment.

Section 388.1936 - Charging and Disposition of Fees.

Section 388.1937 - False Statement or Unauthorized Use of Proceeds; Violation as Felony; Penalty.

Section 388.1938 - Use of Remaining Proceeds.

Section 388.1939 - Actions by Designee.