Bill Text: MI HB4320 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Property tax; special assessments; millage assessed for police and fire districts; permit levy on per parcel or ad valorem basis. Amends sec. 1 of 1951 PA 33 (MCL 41.801).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-18 - Printed Bill Filed 02/18/2009 [HB4320 Detail]

Download: Michigan-2009-HB4320-Introduced.html

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HOUSE BILL No. 4320

 

February 17, 2009, Introduced by Rep. Hansen and referred to the Committee on Intergovernmental and Regional Affairs.

 

     A bill to amend 1951 PA 33, entitled

 

"An act to provide police and fire protection for townships and for

certain areas in townships, certain incorporated villages, and

certain cities; to authorize contracting for fire and police

protection; to authorize the purchase of fire and police equipment,

and the maintenance and operation of the equipment; to provide for

defraying the cost of the equipment; to authorize the creation of

special assessment districts and the levying and collecting of

special assessments; to authorize the issuance of special

assessment bonds in anticipation of the collection of special

assessments and the advancement of the amount necessary to pay such

bonds, and to provide for reimbursement for such advances by

reassessment if necessary; to authorize the collection of fees for

certain emergency services in townships and other municipalities;

to authorize the creation of administrative boards and to prescribe

their powers and duties; to provide for the appointment of traffic

officers and to prescribe their powers and duties; and to repeal

acts and parts of acts,"

 

by amending section 1 (MCL 41.801), as amended by 2002 PA 501.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The township board of a township, or the township

 

boards of adjoining townships acting jointly, whether or not the

 

townships are located in the same county, may purchase police and

 

fire motor vehicles, apparatus, equipment, and housing and for that

 

purpose may provide by resolution for the appropriation of general

 

or contingent funds. Before January 1, 1999, the appropriation for

 

fire motor vehicles, apparatus, equipment, and housing in a 1-year

 

period shall not exceed 10 mills of the assessed valuation of the

 

area in their respective townships for which fire protection is to

 

be furnished. After December 31, 1998, the appropriation for fire

 

motor vehicles, apparatus, equipment, and housing in a 1-year

 

period shall not exceed 10 mills of the taxable value of the area

 

in their respective townships for which fire protection is to be

 

furnished. Before January 1, 1999, the appropriation for police

 

motor vehicles, apparatus, equipment, and housing in a 1-year

 

period shall not exceed 10 mills of the assessed valuation of the

 

area in their respective townships for which police protection is

 

to be furnished. After December 31, 1998, the appropriation for

 

police motor vehicles, apparatus, equipment, and housing in a 1-

 

year period shall not exceed 10 mills of the taxable value of the

 

area in their respective townships for which police protection is

 

to be furnished.

 

     (2) The township board of a township, or the township boards

 

of adjoining townships acting jointly, whether or not the townships

 

are located in the same county, may provide annually by resolution

 

for the appropriation of general or contingent funds for

 

maintenance and operation of police and fire departments.

 

     (3) The township board, or the township boards of adjoining

 

townships acting jointly, may provide that the sums prescribed in

 

subsection (2) for purchasing and housing equipment, for the

 

operation of the equipment, or both, may be defrayed by special

 

assessment on the lands and premises in the township or townships

 

to be benefited, except, beginning in 2002, lands and premises

 

exempt from the collection of taxes under the general property tax

 

act, 1893 PA 206, MCL 211.1 to 211.157 211.155, and may issue bonds

 

in anticipation of the collection of these special assessments. The

 

question of raising money by special assessment may be submitted to

 

the electors of the township or townships by the township board, or

 

township boards acting jointly, at a general election or special

 

election called for that purpose by the township board or township

 

boards. The question of raising money by special assessment shall

 

be submitted by the township board, or township boards acting

 

jointly, if in the affected township, or in each of the affected

 

townships, the owners of 10% of the land to be made into a special

 

assessment district petition the township board or boards.

 

     (4) If a special assessment district is proposed under

 

subsection (3), the township board, or township boards acting

 

jointly, shall estimate the cost and expenses of the police and

 

fire motor vehicles, apparatus, equipment, and housing and police

 

and fire protection, and fix a day for a hearing on the estimate

 

and on the question of creating a special assessment district and

 

defraying the expenses of the special assessment district by

 

special assessment on the property to be especially benefited,

 

except, beginning in 2002, property exempt from the collection of

 

taxes under the general property tax act, 1893 PA 206, MCL 211.1 to

 

211.157 211.155. The hearing shall be a public meeting held in

 

compliance with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275. Public notice of the time, date, and place of the meeting

 

shall be given in the manner required by the open meetings act,

 

1976 PA 267, MCL 15.261 to 15.275. In addition, the township board,

 

or township boards acting jointly, shall publish in a newspaper of

 

general circulation in the proposed district a notice stating the

 

time, place, and purpose of the meeting. If there is not a

 

newspaper of general circulation in the proposed district, notices

 

shall be posted in not less than 3 of the most public places in the

 

proposed district. This notice shall be published or posted not

 

less than 5 days before the hearing. On the day appointed for the

 

hearing, the township board, or township boards acting jointly,

 

shall be in session to hear objections that may be offered against

 

the estimate and the creation of the special assessment district.

 

Before January 1, 1999, if If the township board, or township

 

boards acting jointly, determine to create a special assessment

 

district, they shall determine the boundaries by resolution,

 

determine the amount of the special assessment levy, and direct the

 

supervisor or supervisors to spread the assessment levy on all of

 

the lands and premises in the district that are to be especially

 

benefited by the police and fire protection, according to benefits

 

received, except, beginning in 2002, lands and premises exempt from

 

the collection of taxes under the general property tax act, 1893 PA

 

206, MCL 211.1 to 211.157 211.155, to defray the expenses of police

 

and fire protection. After December 31, 1998, if the township

 

board, or township boards acting jointly, determine to create a

 

special assessment district, they shall determine the boundaries by

 

resolution, determine the amount of the special assessment levy,

 

and direct the supervisor or supervisors to spread the assessment

 

levy on the taxable value of all of the lands and premises in the

 

district that are to be especially benefited by the police and fire

 

protection, according to benefits received, except, beginning in

 

2002, lands and premises exempt from the collection of taxes under

 

the general property tax act, 1893 PA 206, MCL 211.1 to 211.157, to

 

defray the expenses of police and fire protection. A special

 

assessment under this act may be calculated on a specific amount

 

per parcel basis or on an ad valorem basis. After December 31,

 

1998, a special assessment levied under this act on an ad valorem

 

basis shall be levied on the taxable value of the property

 

assessed. The township board, or township boards acting jointly,

 

shall hold a hearing on objections to the distribution of the

 

special assessment levy. This hearing shall be held in the same

 

manner and with the same notice as provided in this section. The

 

township board, or township boards acting jointly, shall annually

 

determine the amount to be assessed in the district for police and

 

fire protection, shall direct the supervisor or supervisors to

 

distribute the special assessment levy, and shall hold a hearing on

 

the estimated costs and expenses of police and fire protection and

 

on the distribution of the levy. The assessment may be made either

 

in a special assessment roll or in a column provided in the regular

 

tax roll. The assessment shall be distributed and shall become due

 

and be collected at the same time as other township taxes are

 

assessed, levied, and collected, and shall be returned in the same

 

manner for nonpayment. If a township has a July property tax levy,

 

not more than 2 mills of the assessment may be collected at the

 

same time and in the same manner as the July levy. If the

 

collections received from the special assessment levied to defray

 

the cost or portion intended to be defrayed for police and fire

 

protection are, at any time, insufficient to meet the obligations

 

or expenses incurred for the maintenance and operation of the

 

police and fire departments, the township board of the township, or

 

township boards acting jointly, may, by resolution, authorize the

 

transfer or loan of sufficient money from the general fund of the

 

township or townships, to the special assessment police and fire

 

department fund. This money shall be repaid to the general fund of

 

the township or townships out of special assessment funds when

 

collected.

 

     (5) The powers granted by this act with respect to police and

 

fire protection may be exercised with respect to police protection

 

alone, fire protection alone, or police and fire protection in

 

combination.

 

     (6) After December 31, 1998, an ad valorem special assessment

 

levied under this act shall be levied on the taxable value of the

 

property assessed.

 

     (6) (7) As used in this section, "taxable value" means that

 

value determined under section 27a of the general property tax act,

 

1893 PA 206, MCL 211.27a.

 

     (7) (8) If the levy of an ad valorem special assessment on the

 

property's taxable value is found to be invalid by a court of

 

competent jurisdiction, the levy of the ad valorem special

 

assessment shall be levied on the property's state equalized value.

 

     (8) (9) Bonds issued under this act are subject to the revised

 

municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.