Bill Text: MI HB5285 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Property tax; millage; city, village, or township withdrawing from or rejoining an art institute authority; provide for. Amends title & secs. 3 & 17 of 2010 PA 296 (MCL 123.1203 & 123.1217).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-12-10 - Bill Electronically Reproduced 12/10/2019 [HB5285 Detail]
Download: Michigan-2019-HB5285-Introduced.html
HOUSE BILL NO. 5285
December 05, 2019, Introduced by Reps. Yaroch
and Hornberger and referred to the Committee on Tax Policy.
A bill to amend 2010 PA 296, entitled
"Art institute authorities act,"
by amending the title and sections 3 and 17 (MCL 123.1203 and 123.1217).
the people of the state of michigan enact:
An act to provide for the establishment of art institute authorities; to provide for the powers and duties of an art institute authority; to authorize the levy and collection of a property tax by an art institute authority; to provide for a local government to withdraw from an art institute authority; to provide for a local government to rejoin an art institute authority; and to provide for the powers and duties of certain government officials.
(a) "Art institute" means an encyclopedic
art museum whose primary art collection and facility, at the date an authority
is established, are owned by a municipality located in this state.
(b) "Art institute services" means the
operation or support of an art institute.
(c) "Art institute services provider" means
a nonprofit entity qualified under section 501(c)(3) of the internal revenue
code of 1986, 26 USC
501(c)(3), that, as its primary purpose, provides art institute services to an
art institute.
(d) "Articles" means the articles of
incorporation of an authority.
(e) "Authority" means an art institute
authority established under section 5.
(f) "Board" means the board of directors of
the authority.
(g) "Electors of the authority" means, subject to section 17(4) and (5), the qualified and registered electors of the county.
Sec. 17. (1) An Subject to
subsections (4) and (5), an authority may levy a tax of not more
than 0.2 mill for a period of not more than 20 years on all of the taxable
property within the county for the purpose of providing revenue to an art
institute services provider that will be used exclusively for the benefit of
the art institute with respect to which the art institute services provider
renders services. The authority may levy the tax only if a majority of the
electors in the county of the authority voting on the tax at a
statewide general or primary election approve the tax. The proposal for a tax
shall be submitted to a vote of the electors of the authority by resolution of
the board.
(2) A ballot proposal for a tax shall must comply with the requirements of
section 24f of the general property tax act, 1893 PA 206, MCL 211.24f. A
proposal for a tax shall must not be placed on the ballot unless
the proposal is adopted by a resolution of the board and certified by the board
not later than 60 days before the election to the county clerk of the county
for inclusion on the ballot. The proposal shall must be
certified for inclusion on the ballot at the next eligible election, as
specified by the board's resolution.
(3) If Subject to subsections (4) and (5), if a
majority of the electors in the county of the authority voting on the question
of a tax approve the proposal as provided under subsection (1), the tax levy is
authorized. Not more than 2 elections may be held in a calendar year on a
proposal for a tax authorized under this act.
(4) The governing body of a city, village, or township located in a county that establishes an authority may by resolution submit the question of withdrawing from the authority to the electors of that city, village, or township. A city, village, or township located in a county that establishes an authority may withdraw from the authority only if a majority of the electors of that city, village, or township voting on the question to withdraw from the authority approve the question. If a city, village, or township withdraws from an authority, all of the following apply:
(a) If the withdrawal is approved by the electors of the city, village, or township before the date a tax by the authority is to begin being levied and collected, the authority shall not levy any mills against any taxable property located in that city, village, or township.
(b) The residents of that city, village, or township are not eligible for the preferences or benefits as provided under section 15.
(c) The electors of that city, village, or township shall not vote on any proposal for a tax under this section.
(5) If a city, village, or township withdraws from an authority as provided under subsection (4), the governing body of that city, village, or township may by resolution submit the question of rejoining the authority to the electors of that city, village, or township. A city, village, or township may rejoin the authority only if a majority of the electors of that city, village, or township voting on the question to rejoin the authority and be subject to any authorized tax levy by the authority on taxable property in the city, village, or township approve the question. If a city, village, or township rejoins an authority, all of the following apply:
(a) The authority may levy any authorized mills against taxable property located in that city, village, or township.
(b) The residents of that city, village, or township are eligible for the preferences or benefits as provided under section 15.
(c) The electors of that city, village, or township are authorized to vote on any proposal for a tax under this section.
