Bill Text: MI HB5202 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Property tax; special assessments; certain special assessments placed on property; eliminate being placed as a lien on property. Amends sec. 7 of 1954 PA 188 (MCL 41.727).
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2014-12-31 - Assigned Pa 429'14 With Immediate Effect 2014 Addenda [HB5202 Detail]
Download: Michigan-2013-HB5202-Engrossed.html
HB-5202, As Passed Senate, December 17, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5202
A bill to amend 1954 PA 188, entitled
"An act to provide for the making of certain improvements by
townships; to provide for paying for the improvements by the
issuance of bonds; to provide for the levying of taxes; to provide
for assessing the whole or a part of the cost of improvements
against property benefited; and to provide for the issuance of
bonds in anticipation of the collection of special assessments and
for the obligation of the township on the bonds,"
by amending section 7 (MCL 41.727), as amended by 1986 PA 180.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) The township board may provide that special
assessments are payable in 1 or more installments, but the amount
of an installment shall not be less than 1/2 of any subsequent
installment.
The amount of each installment, if more than 1, need
shall not be extended upon the special assessment roll until after
confirmation of that assessment roll. Subject to the provisions of
section 4(4), the amount of installments for improvements subject
to periodic cost revision may be extended upon the special
assessment roll by the township board without additional public
hearings or public notice, provided that additional property is not
added to the special assessment roll.
(2)
The first installment of a special assessment shall be is
due on or before the time after confirmation of that special
assessment
roll as determined by the township
board. shall fix.
Subsequent
installments shall be are due at intervals of 12 months
from the due date of the first installment or from a date
determined
by the township board. shall
fix.
(3) All unpaid installments, prior to their transfer to the
township tax roll as provided by this act, shall bear interest,
payable annually on each installment due date, at a rate to be set
by the township board, not exceeding 1% above the average rate of
interest borne by special assessment bonds issued by the township
in anticipation of all or part of the unpaid installments; or not
exceeding 1% above the average rate of interest borne by bonds
issued by a county, drainage district, or authority if the unpaid
installments are to be applied to the payment of a contract
obligation of the township to the county or authority or to the
payment of an assessment obligation of the township to the drainage
district; or, if bonds are not issued by the township, a county, a
drainage district, or an authority, not exceeding 8% per annum,
commencing in each case from a date fixed by the township board.
(4) Future due installments of an assessment against any
parcel
of land property may be paid to the township treasurer at
any time in full, with interest accrued through the month in which
the final installment is paid.
(5) If the township board provides that a special assessment
is payable in installments under subsection (1), the amount of any
lien on the parcel of property assessed for that special assessment
is limited to each individual installment and shall not attach to
the property assessed until that individual installment is due as
provided in subsection (2).
(6) Upon written request, the township treasurer shall provide
a statement of the amount of any lien under subsection (1) and (2)
on the property, with interest accrued through the end of the month
in which the statement is provided.
(7) (4)
If an installment of a special assessment
is not paid
when due, then the installment shall be considered to be delinquent
and there shall be collected, in addition to interest as provided
by this section, a penalty at the rate of not more than 1% for each
month, or fraction of a month, that the installment remains unpaid
before being reported to the township board for reassessment upon
the township tax roll.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1007 of the 97th Legislature is enacted into
law.
