SB-1286, As Passed Senate, November 13, 2008
May 6, 2008, Introduced by Senators ALLEN, BARCIA, GARCIA and BIRKHOLZ and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1951 PA 33, entitled
"An act to provide police and fire protection for townships and for
certain areas in townships, certain incorporated villages, and
certain cities; to authorize contracting for fire and police
protection; to authorize the purchase of fire and police equipment,
and the maintenance and operation of the equipment; to provide for
defraying the cost of the equipment; to authorize the creation of
special assessment districts and the levying and collecting of
special assessments; to authorize the issuance of special
assessment bonds in anticipation of the collection of special
assessments and the advancement of the amount necessary to pay such
bonds, and to provide for reimbursement for such advances by
reassessment if necessary; to authorize the collection of fees for
certain emergency services in townships and other municipalities;
to authorize the creation of administrative boards and to prescribe
their powers and duties; to provide for the appointment of traffic
officers and to prescribe their powers and duties; and to repeal
acts and parts of acts,"
by amending section 1 (MCL 41.801), as amended by 2002 PA 501.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The township board of a township, or the township
boards of adjoining townships acting jointly, whether or not the
townships are located in the same county, may purchase police and
fire motor vehicles, apparatus, equipment, and housing and for that
purpose may provide by resolution for the appropriation of general
or contingent funds. Before January 1, 1999, the appropriation for
fire motor vehicles, apparatus, equipment, and housing in a 1-year
period shall not exceed 10 mills of the assessed valuation of the
area in their respective townships for which fire protection is to
be furnished. After December 31, 1998, the appropriation for fire
motor vehicles, apparatus, equipment, and housing in a 1-year
period shall not exceed 10 mills of the taxable value of the area
in their respective townships for which fire protection is to be
furnished. Before January 1, 1999, the appropriation for police
motor vehicles, apparatus, equipment, and housing in a 1-year
period shall not exceed 10 mills of the assessed valuation of the
area in their respective townships for which police protection is
to be furnished. After December 31, 1998, the appropriation for
police motor vehicles, apparatus, equipment, and housing in a 1-
year period shall not exceed 10 mills of the taxable value of the
area in their respective townships for which police protection is
to be furnished.
(2) The township board of a township, or the township boards
of adjoining townships acting jointly, whether or not the townships
are located in the same county, may provide annually by resolution
for the appropriation of general or contingent funds for
maintenance and operation of police and fire departments.
(3) The township board, or the township boards of adjoining
townships acting jointly, may provide that the sums prescribed in
subsection (2) for purchasing and housing equipment, for the
operation of the equipment, or both, may be defrayed by special
assessment on the lands and premises in the township or townships
to be benefited, except, beginning in 2002, lands and premises
exempt from the collection of general ad valorem property taxes
under the general property tax act, 1893 PA 206, MCL 211.1 to
211.157
211.155, and
not subject to a specific tax, and may
issue
bonds in anticipation of the collection of these special
assessments. The question of raising money by special assessment
may be submitted to the electors of the township or townships by
the township board, or township boards acting jointly, at a general
election or special election called for that purpose by the
township board or township boards. The question of raising money by
special assessment shall be submitted by the township board, or
township boards acting jointly, if in the affected township, or in
each of the affected townships, the owners of 10% of the land to be
made into a special assessment district petition the township board
or boards.
(4) If a special assessment district is proposed under
subsection (3), the township board, or township boards acting
jointly, shall estimate the cost and expenses of the police and
fire motor vehicles, apparatus, equipment, and housing and police
and fire protection, and fix a day for a hearing on the estimate
and on the question of creating a special assessment district and
defraying the expenses of the special assessment district by
special assessment on the property to be especially benefited,
except, beginning in 2002, property exempt from the collection of
general ad valorem property taxes under the general property tax
act,
1893 PA 206, MCL 211.1 to 211.157 211.155, and not subject to
a specific tax. The hearing shall be a public meeting held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. Public notice of the time, date, and place of the meeting
shall be given in the manner required by the open meetings act,
1976 PA 267, MCL 15.261 to 15.275. In addition, the township board,
or township boards acting jointly, shall publish in a newspaper of
general circulation in the proposed district a notice stating the
time, place, and purpose of the meeting. If there is not a
newspaper of general circulation in the proposed district, notices
shall be posted in not less than 3 of the most public places in the
proposed district. This notice shall be published or posted not
less than 5 days before the hearing. On the day appointed for the
hearing, the township board, or township boards acting jointly,
shall be in session to hear objections that may be offered against
the estimate and the creation of the special assessment district.
Before January 1, 1999, if the township board, or township boards
acting jointly, determine to create a special assessment district,
they shall determine the boundaries by resolution, determine the
amount of the special assessment levy, and direct the supervisor or
supervisors to spread the assessment levy on all of the lands and
premises in the district that are to be especially benefited by the
police and fire protection, according to benefits received, except,
beginning in 2002, lands and premises exempt from the collection of
general ad valorem property taxes under the general property tax
act,
1893 PA 206, MCL 211.1 to 211.157 211.155, and not subject to
a specific tax, to defray the expenses of police and fire
protection. After December 31, 1998, if the township board, or
township boards acting jointly, determine to create a special
assessment district, they shall determine the boundaries by
resolution, determine the amount of the special assessment levy,
and direct the supervisor or supervisors to spread the assessment
levy on the taxable value of all of the lands and premises in the
district that are to be especially benefited by the police and fire
protection, according to benefits received, except, beginning in
2002, lands and premises exempt from the collection of general ad
valorem property taxes under the general property tax act, 1893 PA
206,
MCL 211.1 to 211.157 211.155, and
not subject to a specific
tax, to defray the expenses of police and fire protection. The
township board, or township boards acting jointly, shall hold a
hearing on objections to the distribution of the special assessment
levy. This hearing shall be held in the same manner and with the
same notice as provided in this section. The township board, or
township boards acting jointly, shall annually determine the amount
to be assessed in the district for police and fire protection,
shall direct the supervisor or supervisors to distribute the
special assessment levy, and shall hold a hearing on the estimated
costs and expenses of police and fire protection and on the
distribution of the levy. The assessment may be made either in a
special assessment roll or in a column provided in the regular tax
roll. The assessment shall be distributed and shall become due and
be collected at the same time as other township taxes are assessed,
levied, and collected, and shall be returned in the same manner for
nonpayment. If a township has a July property tax levy, not more
than 2 mills of the assessment may be collected at the same time
and in the same manner as the July levy. If the collections
received from the special assessment levied to defray the cost or
portion intended to be defrayed for police and fire protection are,
at any time, insufficient to meet the obligations or expenses
incurred for the maintenance and operation of the police and fire
departments, the township board of the township, or township boards
acting jointly, may, by resolution, authorize the transfer or loan
of sufficient money from the general fund of the township or
townships, to the special assessment police and fire department
fund. This money shall be repaid to the general fund of the
township or townships out of special assessment funds when
collected.
(5) The powers granted by this act with respect to police and
fire protection may be exercised with respect to police protection
alone, fire protection alone, or police and fire protection in
combination.
(6) After December 31, 1998, an ad valorem special assessment
levied under this act shall be levied on the taxable value of the
property assessed.
(7) As used in this section, "taxable value" means that value
determined under section 27a of the general property tax act, 1893
PA 206, MCL 211.27a.
(8) If the levy of an ad valorem special assessment on the
property's taxable value is found to be invalid by a court of
competent jurisdiction, the levy of the ad valorem special
assessment shall be levied on the property's state equalized value.
(9) Bonds issued under this act are subject to the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.