Bill Text: MI HB5801 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Property tax; limitation; notice of an election for a proposed increase in the total tax rate limitation; modify content of. Amends sec. 3 of 1933 PA 62 (MCL 211.203).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 659'18 [HB5801 Detail]
Download: Michigan-2017-HB5801-Engrossed.html
HB-5801, As Passed Senate, December 20, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5801
A bill to amend 1933 PA 62, entitled
"Property tax limitation act,"
by amending section 3 (MCL 211.203), as amended by 1996 PA 580.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Except as otherwise provided in this section, the
total amount of taxes levied against property for all purposes in
any
1 year shall must not exceed the limits provided by or fixed
under section 6 of article IX of the state constitution of 1963,
except taxes, known and referred to as debt service tax rates,
levied for the payment of interest and principal on obligations
incurred
before December 8, 1932. , which shall be known and
referred
to as debt service tax rates.
(2) If a municipal corporation is limited by a provision in
its charter or general law in its power to levy taxes against
property for purposes authorized by law to be supported under the
municipal budget, the municipal corporation shall levy the taxes
under
those provisions and those taxes, shall be known and referred
to as charter tax rates, are in addition to the taxes that may be
levied
under the limitation set forth in subsection (1). Taxes
levied
under this subsection shall be known and referred to as
charter
tax rates. If any portion of the
net limitation tax rate is
allocated to the municipal corporation by the board, the allocated
tax
rate shall must be included within the total tax rate levied by
the municipal corporation under this subsection.
(3) If any local unit holds an election for the purpose of
increasing the total tax rate limitation, as provided for by
section 6 of article IX of the state constitution of 1963, the vote
at
the election shall must be taken by ballot and the ballots shall
must be cast and counted in the manner provided by the general
election
laws of this state. The ballots shall must state the
amount in dollars per thousand dollars of taxable value by which it
is proposed that the total tax rate limitation on property in the
local unit be increased and the number of years for which it is
proposed
that the increase shall will
be effective. If a previous
increase in the total tax limitation on property is about to expire
and a new increase for the identical amount levied in the
immediately preceding year or a lesser amount is proposed, the
ballot proposal may be presented as a renewal or continuation of
the previous increase for a specified number of years. The ballot
shall
must specify the intended purpose of the renewed or new
funds. The ballot may also state the purpose for which the funds
derived from the voted increase over the constitutional tax rate
limitation may be used, and the board shall not consider those
funds
shall not be considered by the board in dividing the net
limitation tax rate among the various governmental units under this
act. Within 5 days after every election held in any local unit to
increase the tax rate limitation, a certified copy of the official
declaration
of the result of the election shall must be filed with
the treasurer of the county or counties in which the local unit is
located.
The voted increase in the tax rate limitation shall be is
effective in the local unit only when the certified copy of the
official declaration of the result of the election is filed. The
notice
of an election in under
section 653a of the Michigan
election law, 1954 PA 116, MCL 168.653a, for an election at which a
proposal for an increase in the total tax rate limitation is to be
voted
upon shall contain a statement by the county treasurer of the
county
or counties in which the local unit voting on the increase
is
located of the total of all voted increases in the total tax
rate
limitation, in any local units, affecting the taxable property
in
the local unit voting on the increase, and the years the
increases
are effective.must, in
addition to listing the proposal,
include a statement that includes the amount in dollars per
thousand dollars of taxable value by which it is proposed under the
proposal that the total tax rate limitation on property in the
local unit be increased and the number of years for which it is
proposed that the increase will be effective.
(4) As used in this section, "taxable value" means that value
determined
under section 27a of the general property tax act, Act
No.
206 of the Public Acts of 1893, being section 211.27a of the
Michigan
Compiled Laws.1893 PA 206,
MCL 211.27a.
