Bill Text: MI HB5815 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Property tax; assessments; training program and standards of conduct for board of review members; create, and require completion for eligibility. Amends sec. 28 of 1893 PA 206 (MCL 211.28) & adds sec. 28a.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2010-02-17 - Printed Bill Filed 02/17/2010 [HB5815 Detail]
Download: Michigan-2009-HB5815-Introduced.html
HOUSE BILL No. 5815
February 16, 2010, Introduced by Reps. Knollenberg, Walsh, Denby, Moss, Wayne Schmidt and LeBlanc and referred to the Committee on Intergovernmental and Regional Affairs.
A bill to amend 1893 PA 206, entitled
"The general property tax act,"
by amending section 28 (MCL 211.28), as amended by 2006 PA 143, and
by adding section 28a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 28. (1) Those electors of the township appointed by the
township board shall constitute a board of review for the township.
At least 2/3 of the members shall be property taxpayers of the
township. Members appointed to the board of review shall serve for
terms of 2 years beginning at noon on January 1 of each odd-
numbered year. Each member of the board of review shall annually
qualify by completing the online training program created by the
department of treasury under section 28a and by taking the
constitutional
oath of office within 10 days after appointment
before hearing any protest under section 30. The township board may
fill any vacancy that occurs in the membership of the board of
review. A member appointed to fill a vacancy in the board of review
shall complete the online training program created by the
department of treasury under section 28a and take the
constitutional oath of office before hearing any protest under
section 30. A member of the township board is not eligible to serve
on the board or to fill any vacancy. A spouse, mother, father,
sister, brother, son, or daughter, including an adopted child, of
the assessor is not eligible to serve on the board or to fill any
vacancy. A majority of the board of review constitutes a quorum for
the transaction of business, but a lesser number may adjourn and a
majority vote of those present shall decide all questions. At least
2 members of a 3-member board of review shall be present to conduct
any business or hearings of the board of review.
(2) The township board may appoint 3, 6, or 9 electors of the
township, who shall constitute a board of review for the township.
If 6 or 9 members are appointed as provided in this subsection, the
membership of the board of review shall be divided into board of
review committees consisting of 3 members each for the purpose of
hearing and deciding issues protested pursuant to section 30. Two
of the 3 members of a board of review committee constitute a quorum
for the transaction of the business of the committee. All meetings
of the members of the board of review and committees shall be held
during the same hours of the same day and at the same location.
(3) A township board may appoint not more than 2 alternate
members for the same term as regular members of the board of
review. Each alternate member shall be a property taxpayer of the
township. Alternate members shall annually qualify by completing
the online training program created by the department of treasury
under section 28a and by taking the constitutional oath of office
within
10 days after appointment before
hearing any protest under
section 30. The township board may fill any vacancy that occurs in
the alternate membership of the board of review. An alternate
member appointed to fill a vacancy in the alternate membership of
the board of review shall complete the online training program
created by the department of treasury under section 28a and take
the constitutional oath of office before hearing any protest under
section 30. A member of the township board is not eligible to serve
as an alternate member or to fill any vacancy. A spouse, mother,
father, sister, brother, son, or daughter, including an adopted
child, of the assessor is not eligible to serve as an alternate
member or to fill any vacancy. An alternate member may be called to
perform the duties of a regular member of the board of review in
the absence of a regular member. An alternate member may also be
called to perform the duties of a regular member of the board of
review for the purpose of reaching a decision in issues protested
in which a regular member has abstained for reasons of conflict of
interest.
(4) The size, composition, and manner of appointment of the
board of review of a city may be prescribed by the charter of a
city. However, the charter of a city notwithstanding, a member
appointed to the board of review shall complete the online training
program created by the department of treasury under section 28a and
take the constitutional oath of office before hearing any protest
under section 30. In the absence of or in place of a charter
provision, the governing body of the city, by ordinance, may
establish the city board of review in the same manner and for the
same purposes as provided by this section for townships.
(5) A majority of the entire board of review membership shall
indorse the assessment roll as provided in section 30. The duties
and responsibilities of the board contained in section 29 shall be
carried out by the entire membership of the board of review and a
majority of the membership constitutes a quorum for those purposes.
Sec. 28a. (1) The department of treasury shall establish an
online training program for those individuals appointed to the
board of review or alternate board of review under section 28. The
online training program shall include, but is not limited to, all
of the following:
(a) The duties of board of review members.
(b) The degree of discretion of board of review members in
considering protests under section 30.
(c) The applicable law regarding tax assessment issues.
(2) The department of treasury shall monitor the online
training program established under this section and certify those
board of review members who complete the program.
(3) The department of treasury shall establish standards of
conduct, etiquette, and experience for board of review members and
shall promulgate those standards to each local tax collecting unit.
