Bill Text: MI HB5058 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Local government; other; opt-in provision for eligibility as a foreclosing governmental unit; allow. Amends sec. 78 of 1893 PA 206 (MCL 211.78).
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2013-12-10 - Referred To Committee On Local Government And Elections [HB5058 Detail]
Download: Michigan-2013-HB5058-Engrossed.html
HB-5058, As Passed House, December 5, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 5058
A bill to amend 1893 PA 206, entitled
"The general property tax act,"
by amending section 78 (MCL 211.78), as amended by 2008 PA 512.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 78. (1) The legislature finds that there exists in this
state a continuing need to strengthen and revitalize the economy of
this state and its municipalities by encouraging the efficient and
expeditious return to productive use of property returned for
delinquent taxes. Therefore, the powers granted in this act
relating to the return of property for delinquent taxes constitute
the performance by this state or a political subdivision of this
state of essential public purposes and functions.
(2) It is the intent of the legislature that the provisions of
this act relating to the return, forfeiture, and foreclosure of
property for delinquent taxes satisfy the minimum requirements of
due process required under the constitution of this state and the
constitution of the United States but that those provisions do not
create new rights beyond those required under the state
constitution of 1963 or the constitution of the United States. The
failure of this state or a political subdivision of this state to
follow a requirement of this act relating to the return,
forfeiture, or foreclosure of property for delinquent taxes shall
not be construed to create a claim or cause of action against this
state or a political subdivision of this state unless the minimum
requirements of due process accorded under the state constitution
of 1963 or the constitution of the United States are violated.
(3) Not later than December 1, 1999, the county board of
commissioners of a county, by a resolution adopted at a meeting
held pursuant to the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, and with the written concurrence of the county treasurer
and the county executive, if any, may elect to have this state
foreclose property under this act forfeited to the county treasurer
under section 78g. At any time during December 2004, the county
board of commissioners of a county, by a resolution adopted at a
meeting held pursuant to the open meetings act, 1976 PA 267, MCL
15.261 to 15.275, and with the written concurrence of the county
treasurer and county executive, if any, may do either of the
following:
(a) Elect to have this state foreclose property under this act
forfeited to the county treasurer under section 78g.
(b) Rescind its prior resolution by which it elected to have
this state foreclose property under this act forfeited to the
county treasurer under section 78g.
(4) Beginning January 1, 2009 through March 1, 2009, the
county board of commissioners of a county in which is located an
eligible city, as that term is defined in section 89d, may, by a
resolution adopted at a meeting held pursuant to the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275, and with the written
concurrence of the county treasurer and county executive, if any,
rescind its prior resolution by which it elected to have this state
foreclose property under this act forfeited to the county treasurer
under section 78g.
(5) Beginning on the effective date of the amendatory act that
added this subsection through November 30, 2014, the county board
of commissioners of a county that has elected to have property
forfeited under section 78g foreclosed by this state under this act
may, by a resolution adopted at a meeting held pursuant to the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, and with the
written concurrence of the county treasurer and county executive,
if any, rescind its prior resolution by which it elected to have
this state foreclose property under this act forfeited to the
county treasurer under section 78g. A county board of commissioners
shall forward a copy of the resolution and any concurrence to the
department of treasury not later than November 30, 2014. A county
that rescinds its prior election under this section by January 30,
2014 shall act as the foreclosing governmental unit under this act
for all property forfeited to the county treasurer under section
78g after February 1, 2014. A county that rescinds its prior
election under this section between January 31, 2014 and November
30, 2014 shall act as the foreclosing governmental unit under this
act for all property forfeited under section 78g after February 1,
2015.
(6) (5)
The foreclosure of forfeited
property by a county is
voluntary and is not an activity or service required of units of
local government for purposes of section 29 of article IX of the
state constitution of 1963.
(7) (6)
A county and a local governmental
unit within that
county may enter into an agreement for the collection of property
taxes or the enforcement and consolidation of tax liens within that
local governmental unit. A local governmental unit shall not
establish a delinquent tax revolving fund under section 87b.
(8) (7)
As used in this section and
sections 78a through 155
for purposes of the collection of taxes returned as delinquent:
(a) "Foreclosing governmental unit" means 1 of the following:
(i) The treasurer of a county.
(ii) This state if the county has elected under subsection (3)
to have this state foreclose property under this act forfeited to
the county treasurer under section 78g.
(b) "Forfeited" or "forfeiture" means a foreclosing
governmental unit may seek a judgment of foreclosure under section
78k if the property is not redeemed as provided under this act, but
does not acquire a right to possession or any other interest in the
property.
