Bill Text: MI HB5150 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Civil procedure; remedies; judgments against municipalities; limit ability to collect by levying a tax or issuing bonds. Amends secs. 6093 & 6097 of 1961 PA 236 (MCL 600.6093 & 600.6097). TIE BAR WITH: HB 5151'15
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-12-16 - Printed Bill Filed 12/16/2015 [HB5150 Detail]
Download: Michigan-2015-HB5150-Introduced.html
HOUSE BILL No. 5150
December 15, 2015, Introduced by Rep. Poleski and referred to the Committee on Local Government.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 6093 and 6097 (MCL 600.6093 and 600.6097),
section 6097 as amended by 2002 PA 224.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
6093. (1) Whenever judgment is recovered against any
township,
village, or city, or against the trustees or common
council,
or officers thereof, in any action prosecuted by or
against
them in their name of office, the clerk of the court shall,
on
the application of the party in whose favor judgment is
rendered,
his attorney, executor, administrator, or assigns, make
and
deliver to the party so applying a certified transcript of the
judgment,
showing the amount and date thereof, with the rate of
interest
thereon, and of the costs as taxed under the seal of the
court,
if in a court having a seal. The party obtaining the
certified
transcript may file it with the supervisor of the
township,
if the judgment is against the township, or with the
assessing
officer or officers of the city or village, if the
judgment
is against a city or village. The supervisor or assessing
officer
receiving the certified transcript or transcripts of
judgment
shall proceed to assess the amount thereof with the costs
and
interests from the date of rendition of judgment to the time
when
the warrant for the collection thereof will expire upon the
taxable
property of the township, city, or village upon the then
next
tax roll of such township, city, or village, without any other
or
further certificate than the certified transcript as a part of
the
township, city, or village tax, adding the total amount of the
judgment
to the other township, city, or village taxes and
assessing
it in the same column with the general township, city, or
village
tax.
The
supervisor or assessing officer shall set forth in the
warrant
attached to the tax roll each judgment separately, stating
the
amount thereof and to whom payable, and it shall be collected
and
returned in the same manner as other taxes. The supervisor or
assessing
officer, at the time when he delivers the tax roll to the
treasurer
or collecting officer of any township, city, or village,
shall
deliver to the township clerk or to the clerk or recording
officer
of the city or village, a statement in writing under his
hand,
setting forth in detail and separately the judgment stating
the
amount with costs and interest as herein provided, and to whom
payable.
The treasurer or collecting officer of the township, city,
or
village, shall collect and pay the judgment to the owner thereof
or
his attorney, on or before the date when the tax roll and
warrant
shall be returnable. In case any supervisor, treasurer, or
other
assessing or collecting officer neglects or refuses to comply
with
any of the provisions of this section he shall be guilty of a
misdemeanor,
and on conviction thereof, shall be punished by a fine
of
not more than $1,000.00 and costs of prosecution, or
imprisonment
in the county jail for a period not exceeding 3
months,
or by both fine and imprisonment in the discretion of the
court.
Nothing herein contained shall be construed to exclude other
remedies
given by law for the enforcement of the judgment.
(2)
In any case where a judgment is recovered against a
village
which, by reason of holding no municipal elections, or for
any
other reason has no available assessing officer within the
jurisdiction
of the court wherein the judgment is rendered, the
owner
of the judgment or any person knowing the facts, acting on
behalf
of the owner, may make an affidavit showing that the village
against
which a judgment is pending and unsatisfied, has no
available
assessing officer within the jurisdiction, and file it
with
the clerk of the court wherein the judgment is written. The
officer
who makes the certified transcript shall attach thereto a
copy
of the affidavit, the correctness of which copy shall also be
certified
to in the certificate. Any party receiving the certified
transcript
of judgment and affidavit may file it with the
supervisor
of the township in which the village, having no
assessing
officer is located. The supervisor shall assess the
amount
of the judgment with costs and interest, upon the taxable
property
of the village, which is without an assessing officer, and
thereafter
the same steps and proceedings shall be had in the
premises
as though it were a judgment against the township within
which
the village is located, except that it shall be assessed
against
the property within the corporate limits of the village
only.
(3)
When judgment is recovered against any county or the board
of
supervisors or any county officer in an action prosecuted by or
against
him in his name of office, the judgment unless reversed
shall
be levied and collected as other county charges, and when
collected
shall be paid by the county treasurer to the person to
whom
the judgment has been adjudged upon the delivery of a proper
voucher
therefor.
(1) After a judgment against a municipality becomes final, the
plaintiff may move the court to enter an order for the payment of
the judgment from the ad valorem taxes on property collected for
the municipality under the general property tax act, 1893 PA 206,
MCL 211.1 to 211.155, as provided in this section.
(2) On motion by a plaintiff under subsection (1), the court
shall order a local tax collecting unit that collects taxes on
property for the municipality to pay all or part of the judgment
from the taxes collected. An order under this subsection must state
all of the following:
(a) The person to whom the payments are to be paid. The court
may order that payments be made to the clerk of the court, the
attorney for the plaintiff, or the plaintiff.
(b) The total amount to be paid. The court may, in its
discretion, include the full amount of the judgment, with costs and
interest, or limit the amount to be paid under the order to an
amount that is less than the full amount of the judgment.
(c) A date on which the order expires and an order that the
treasurer or other collecting official of the local tax collecting
unit make payments on the applicable schedule under section 43 of
the general property tax act, 1893 PA 206, MCL 211.43, or on
another schedule as ordered by the court until the total amount
ordered under subdivision (b) is paid or until the date that the
order expires, whichever occurs first.
(d) In the discretion of the court, an order that the
treasurer or other collection official pay from each payment under
subdivision (c) a certain amount or a percentage of the payment to
be applied to the amount ordered under subdivision (b).
(3) The treasurer or other collecting official of a local tax
collecting unit that receives an order issued under subsection (2)
shall comply with the order. The treasurer or other collecting
official shall account for money paid in a written report to the
court, to the plaintiff's attorney, or, if the plaintiff does not
have an attorney, to the plaintiff, and to the supervisor of the
municipality or any other official to whom the treasurer or other
collecting official is required to report the collection and
payment of the taxes under the general property tax act, 1893 PA
206, MCL 211.1 to 211.155.
(4) If an order under subsection (2) provides for the payment
of less than the full amount of the judgment or if the order
expires and the full amount of the judgment has not been paid, the
court may require the plaintiff to make a new motion under
subsection (1) for a new order or may issue a subsequent order or
orders without the necessity of a new motion by the plaintiff.
(5) A treasurer or other collecting official who neglects or
refuses to comply with this section is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $1,000.00, or both.
(6) This section does not affect any other remedy provided by
law for the enforcement of the judgment.
(7) As used in this section, "municipality" means a county,
township, city, or village.
Sec. 6097. (1) If a judgment of a court or administrative
agency
is rendered against any a municipality, the legislative body
of
that the municipality
, unless otherwise provided, may issue
certificates
of indebtedness or bonds of that the municipality as
provided in this section for the purpose of raising money to pay
the judgment, in an amount not exceeding the sum of the judgment,
the
costs and interest on the judgment, and all the cost
in
connection
with of issuing the certificates of indebtedness or
bonds.
The
(2) A municipality shall issue and sell certificates of
indebtedness
or bonds shall be sold and issued under this section
in accordance with the revised municipal finance act, 2001 PA 34,
MCL
141.2101 to 141.2821, except that they the certificates or
bonds may be issued for a period of up to 15 years.
(3) (2)
The authorization, issuance, and
selling of the bonds
under this section are not subject to section 5(g) of the home rule
city act, 1909 PA 279, MCL 117.5.
(4) If the issuance of certificates of indebtedness or bonds
under this section would result in an increase in the total taxes
levied by the municipality, the municipality shall not issue the
certificates of indebtedness or bonds unless the issuance has been
approved by a vote of the electors of the municipality.
(5) A municipality shall not issue certificates of
indebtedness or bonds under this section if the judgment is for the
recovery of money paid for a tax, fee, or other assessment that the
court or agency determined was illegally or improperly imposed by
the municipality.
(6) Any taxes levied for the payment of certificates of
indebtedness or bonds issued under this section are subject to any
limitations imposed by the constitution of this state, including,
but not limited to, limitations imposed by sections 6 and 25 to 34
of article IX of the state constitution of 1963, to any limitations
applicable to taxes levied by the municipality imposed by statute,
and to any limitations in the municipality's charter, if
applicable.
(7) (3)
As used in this section,
"municipality" means a
county, township, city, village, school district, intermediate
school district, community college district, metropolitan district,
port district, drainage district established under the drain code
of 1956, 1956 PA 40, MCL 280.1 to 280.630, or another governmental
authority
or agency in this state which that
has the power to levy
ad valorem property taxes.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5151 (request no.
03586'15 a *) of the 98th Legislature is enacted into law.