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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6243 August 28, 1984 ELECTIONS: Initiative petition by school electors for special election to reduce the amount of the property tax limitation increase SCHOOLS AND SCHOOL DISTRICTS: Authority for electors to petition for special election to reduce the amount of the property tax limitation increase The board of education of a school district may not call a special election, in response to a petition of the school electors, unless the school electors have the authority to determine the question to be put on the ballot. The Legislature has not authorized school electors of a fourth class school district to petition for a special election to vote on the question of reducing the amount of the property tax limitation increase for operating purposes in effect in the school district. Honorable Connie Binsfeld State Senator The Capitol Lansing, Michigan You have requested my opinion whether, pursuant to the School Code of 1976, 1976 PA 451; MCLA 380.1 et seq; MSA 15.4001 et seq, Sec. 152, the electors of a fourth class school district may, by petition, compel the board of education of the school district to call a special election on the question of reducing a previously voted increase in the property tax rate limitation for school operating purposes. The School Code of 1976, Sec. 152, supra, provides: 'A special election may be called by the board (of a school district of the fourth class). The board shall call a special election on petition of 5% or more of the school electors of the district but not less than 25 electors. The petition, except as to the proposition, shall be substantially in the form prescribed in section 1066. The election shall be called by giving the required legal notice, and shall be held on a date approved by the county election scheduling committee under section 639 of Act No. 116 of the Public Acts of 1954, as amended. A special election shall not be called unless the questions to be voted upon are within the lawful authority of the school electors to decide. . . .' (Emphasis added.) Manifestly, the board of education of a school district may not call a special election unless the question to be put on the ballot is within the authority of the school electors to determine. OAG, 1975-1976, No 5057, p 514 (June 22, 1976). An examination of both the School Code of 1976, supra, and the Property Tax Limitation Act, 1933 PA 62; MCLA 211.201 et seq; MSA 7.61 et seq, reveals that the Legislature has not authorized the electors of a school district to vote on the question of whether a previously voted increase in the property tax rate limitation for school operating purposes should be reduced. However, it must be noted that a board of education of a school district is not required to levy all of the millage approved by the school electors for school operating purposes. Rather, the board of education has discretionary authority to determine to what extent it will levy millage for school operating purposes within the maximum limit of property taxation for school district operating purposes established by the electors of the school district. Rentschler v Detroit Bd of Educ, 324 Mich 603, 613; 37 NW2d 645, 649 (1949). It is my opinion, therefore, that the School Code of 1976, Sec. 152, supra, does not authorize the electors of a fourth class school district to petition for a special election on the question of reducing the amount of the property tax rate limitation for school operating purposes in effect in the school district. Frank J. Kelley Attorney General
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