January 24, 2007, Introduced by Reps. Hansen, Robertson and Booher and referred to the Committee on Intergovernmental, Urban and Regional 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 taxes under the general property tax
act, 1893 PA 206, MCL 211.1 to 211.157, 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
taxes under the general property tax act, 1893 PA 206, MCL 211.1 to
211.157. 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 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
taxes under the general property tax act, 1893 PA 206, MCL 211.1 to
211.157, 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 taxes under the general property tax
act,
1893 PA 206, MCL 211.1 to 211.157, to defray the expenses of
police
and fire protection. A
special assessment under this act may
be calculated on a specific amount per parcel basis or on an ad
valorem basis. After December 31, 1998, a special assessment levied
under this act on an ad valorem basis shall be levied on the
taxable value of the property assessed. 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.
(6) (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.
(7) (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.
(8) (9)
Bonds issued under this act are subject to the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.