Bill Text: MI HB5242 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Property tax; millage; provision authorizing a second school millage election under certain circumstances; qualify. Amends sec. 36 of 1893 PA 206 (MCL 211.36). TIE BAR WITH: HB 4814'17, HB 4815'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-11-28 - Bill Electronically Reproduced 11/09/2017 [HB5242 Detail]
Download: Michigan-2017-HB5242-Introduced.html
HOUSE BILL No. 5242
November 9, 2017, Introduced by Reps. Webber, Lilly and Albert and referred to the Committee on Elections and Ethics.
A bill to amend 1893 PA 206, entitled
"The general property tax act,"
by amending section 36 (MCL 211.36), as amended by 1997 PA 138.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 36. (1) The township clerk of each township, on or before
September 30 of each year, shall make and deliver to the supervisor
of the clerk's township and to the county clerk, a certified copy
of all statements and certificates on file and of all records of
any vote or resolution in the clerk's office authorizing or
directing money to be raised in the township by taxation for
township, school, highway, drain, and all other purposes, together
with a statement of the aggregate amount to be raised. However, if
the issuance of bonds or notes or the levy of taxes for school
purposes has been approved by the electors before September 30,
this subsection does not preclude delivery by the clerk after
September 30 of a resolution authorizing additional millage to be
levied in the year voted. The clerk shall present the copies to the
county board of commissioners at its annual meeting and file the
copies in the clerk's office. The county board of commissioners
shall not levy in the year voted a tax levy voted on or after
September 30. This subsection does not apply if 1 of subsections
(2) through (4) applies.
(2) The amount of taxes that are to be levied for school
purposes in a school district, an intermediate school district, or
community or junior college district that holds an election on or
after September 30 and on or before November 15, or, subject to
subsection (7), that holds a second millage election under this
subsection allowable pursuant to subsection (3) on or before
December
7, and that are approved, shall must
be certified for the
calendar year in which the election is held, only if 1 of the
following applies:
(a)
For Subject to subsection
(7), for a school district, a
school millage in that district has been defeated in a prior
election in the same calendar year.
(b) For a school district, the school millage election is held
in November on the date that school district elects its board
members.
(c)
For Subject to subsection
(7), for a community or junior
college district, a community or junior college millage in that
district has been defeated in a prior election in the same calendar
year.
(d) For an intermediate school district, the district has a
population greater than 1,400,000.
(e) For an intermediate school district with a population of
less than 1,400,000, the millage election is held on or before
October 15.
(3) Except as otherwise provided in this subsection, a school
district, an intermediate school district, or a community or junior
college district shall not conduct more than 1 millage election
pursuant
to subsection (2). If Subject
to subsection (7), if a
district's operating revenue is less than the total operating
revenue for the previous school year, the district may hold a
second school millage election pursuant to subsection (2) on or
before December 7.
(4) Notwithstanding subsections (2) and (3), and except as
otherwise provided in this subsection, the amount of taxes that are
to be levied for any purpose by a taxing unit that holds an
election in any year on or before the first Tuesday after the first
Monday in November and that are approved by the electors of that
taxing unit shall be certified for that calendar year. In 1997
only, the amount of taxes that are to be levied for any purpose by
a taxing unit that holds an election in any year on or before
November 30 and that are approved by the electors of that taxing
unit shall be certified for that calendar year.
(5) After a millage is certified pursuant to subsections (2)
through (4), the appropriate county board of commissioners shall
meet and direct or amend its direction for the spread of millages
by local units in the county pursuant to the certification or
amended certification. If a millage is certified pursuant to
subsection (4) for library purposes, if a taxing unit requests by
resolution, the county board of commissioners for the county in
which the library is located also may reduce or eliminate the
millage previously authorized or dedicated for library purposes to
be levied by that taxing unit for that year and direct the
reduction or removal of the levy to be spread by the local units in
the county.
(6) The reasonable and actual expenses incurred by a township,
county, or city in assessing and collecting the school district,
intermediate school district, or community or junior college
district taxes levied and spread pursuant to an election under
subsection (2) or (3) that is held after September 30, to the
extent these expenses are in addition to the expense of collection
and assessing any other taxes at the same time and exceed the
amount
of any fees imposed for the collection of these taxes, shall
must be billed to and paid by the school district, intermediate
school district, or community or junior college district.
(7) Beginning January 1, 2018, this section is subject to the
limitation in section 24f(4).
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 all of the following bills of the 99th Legislature are
enacted into law:
(a) House Bill No. 4814.
(b) House Bill No. 4815.
