HOUSE BILL No. 5313

 

October 18, 2005, Introduced by Reps. Walker, Nitz, Marleau, Booher, Baxter, Caswell, Nofs and Farhat and referred to the Committee on Tax Policy.

 

     A bill to amend 1893 PA 206, entitled

 

"The general property tax act,"

 

by amending section 28 (MCL 211.28), as amended by 1993 PA 292.

 

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 qualify by

 

taking the constitutional oath of office within 10 days after

 

appointment. The township board may fill any vacancy that occurs in

 

the membership of the board of review. 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. An alternate member may be called to serve as a regular

 

member of the board of review in the absence of a regular member.

 

An alternate member may also be called to serve as 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. 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  subsection  section for townships.

 

     (5) A majority of the entire board of review membership, not

 

including alternate members, 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, not including alternate members

 

and a majority of the membership, not including alternate members

 

constitutes a quorum for those purposes.