Bill Text: MI HB5202 | 2013-2014 | 97th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5202

 

December 12, 2013, Introduced by Reps. McCready, McMillin, Glardon, Crawford, Kesto, Forlini, Dianda, Bumstead, Hooker, McBroom and Kivela and referred to the Committee on Tax Policy.

 

     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 township board may provide that special assessment

 

payments shall be treated in and may be payable and collected in

 

the same manner as property taxes in the township. The amount of

 

each installment, if more than 1, need 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 due

 

on or before the time after confirmation as the township board

 

shall fix. Subsequent installments shall be due at intervals of 12

 

months from the due date of the first installment or from a date

 

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.

 

Future due installments of an assessment against any parcel of land

 

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.

 

     (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.

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