Bill Text: MI HB6056 | 2013-2014 | 97th Legislature | Introduced
Bill Title: State financing and management; authorities; public notice provisions in the land reclamation and improvement authority act; revise to make reference to the local government public notice act. Amends secs. 5 & 20 of 1992 PA 173 (MCL 125.2455 & 125.2470). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6056 Detail]
Download: Michigan-2013-HB6056-Introduced.html
HOUSE BILL No. 6056
December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1992 PA 173, entitled
"Land reclamation and improvement authority act,"
by amending sections 5 and 20 (MCL 125.2455 and 125.2470).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Not more than 15 days after a petition is filed,
the department shall determine whether the petition meets the
requirements of section 4 and, if the petition does not meet those
requirements, return the petition to the person who filed the
petition. If the department returns a petition, the department
shall include with the petition a statement of the reasons that the
petition does not meet the requirements of section 4.
(2) Not less than 30 days and not more than 45 days after a
petition meeting the requirements of section 4 is filed with the
department, the department shall hold a public hearing in the
county
where the proposed authority district is located. The
Through December 31, 2014, the department shall publish notice of
the hearing twice in a newspaper of general circulation in the
township or townships in which the proposed authority district is
located.
The Through December 31,
2014, the first publication shall
be not less than 10 days before the hearing. Beginning January 1,
2015, the department shall provide tier A public notice as provided
in the local government public notice act not less than 10 days
before the hearing. In addition, the department shall give notice
of
the hearing in the manner required by the open meetings act, Act
No.
267 of the Public Acts of 1976, being sections 15.261 to 15.275
of
the Michigan Compiled Laws, 1976
PA 267, MCL 15.261 to 15.275,
and by first-class mail addressed to each record owner in the
proposed authority district, to the county clerk of the county
within which the proposed authority district is located, and to the
township clerk of each township within which all or part of the
proposed authority district is located. At the hearing, persons may
comment on whether the proposed authority meets the requirements of
section 6.
(3) For purposes of this section, record owners shall be
determined by the records in the register of deeds' office as of
the day of filing the petition. At the request of the department, a
register of deeds shall certify whether the persons joining in the
petition are record owners.
Sec. 20. (1) If an authority specially assesses property,
notice of hearings in the special assessment proceedings shall be
given as provided in this section.
(2) Notice of hearings in special assessment proceedings shall
be given to the township clerk of each township where the authority
district is located by first-class mail, not less than 10 days
before the date of the hearing. Notice of hearings in special
assessment proceedings shall also be given to each record owner of,
or party in interest in, property to be assessed whose name appears
upon the last township tax assessment records by first-class mail
addressed to the record owner or party in interest at the address
shown on the tax records, not less than 10 days before the date of
the hearing. The last township tax assessment records means the
last assessment roll for ad valorem tax purposes that was reviewed
by the township board of review, as supplemented by any subsequent
changes in the names or the addresses of the record owners or
parties in interest listed on that roll. If a record owner's name
does not appear on the township tax assessment records, notice
shall be given by first-class mail addressed to the record owner at
the address shown by the records of the county register of deeds
not
less than 10 days before the date of the hearing. Notice
Through December 31, 2014, notice shall also be published twice
before
the hearing in a newspaper circulating in the township. The
Through December 31, 2014, the first publication shall be not less
than 10 days before the date of the hearing. Beginning January 1,
2015, the authority shall provide tier A public notice as provided
in the local government public notice act not less than 10 days
before the date of the hearing.
(3) If a person claims an interest in real property and his or
her name and correct address do not appear upon the last township
tax assessment records, that person shall file immediately his or
her name and address with the township supervisor of the township
where the property is located. This filing is effective only for
the purpose of establishing a record of the names and addresses of
those persons entitled to notice of hearings in the special
assessment proceedings. The supervisor shall immediately enter on
the tax assessment records any changes in the names and addresses
of record owners or parties in interest filed with the supervisor
and at all times shall keep the tax assessment records current,
complete, and available for public inspection.
(4) An authority officer whose duty is to give notice of
hearings in special assessment proceedings may rely upon the last
township tax assessment records and any filings under subsection
(3) in giving notice of the hearing by mail. The method of giving
notice by mail as provided in this section is the method that is
reasonably certain to inform those to be assessed of the special
assessment proceedings.
(5) Failure to give notice as required in this section does
not invalidate an entire assessment roll but only the assessment on
property affected by the lack of notice. A special assessment is
not invalid as to any property if the record owner or the party in
interest of that property actually received notice, waived notice,
or paid any part of the assessment. If an assessment is declared
void by court judgment, a reassessment against the property may be
made.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ___ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.
