SB-0443, As Passed Senate, December 12, 2013

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 443

(As amended December 12, 2013)

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 6094 (MCL 600.6094).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6094. (1) Whenever any Subject to subsection (5), if a

final judgment for damages is obtained entered against the a school

district , if it or an intermediate school district and is not

removed to any other another court, the treasurer of the school

district or intermediate school district shall certify to the

supervisor of the township and assessing officer of the township or

municipality in which the school district or intermediate school

district is located and to the director secretary of the school

district or intermediate school district the date and amount of the

judgment , with and the name of the person in whose favor it was

rendered, and if entered. If the judgment is removed to another

court, the treasurer shall certify it as aforesaid immediately

after the final determination thereof of the judgment against the

school district or intermediate school district.

     (2) If Subject to subsection (5), if the treasurer fails to

certify the a judgment for damages as required by subsection (1),

the party obtaining it, his executors, administrators, person in

whose favor the judgment was entered or the person's personal

representative or assigns , may file with the supervisor the a

certificate of the clerk of the court rendering that entered the

judgment , showing that contains the facts which information that

should have been certified by the treasurer.

     (3) If the a school district or intermediate school district

against which a judgment for damages is rendered entered is

situated in part located in 2 or more townships or municipalities,

a certificate thereof under this section shall be delivered as

aforesaid provided in this section to the supervisor of each

township and assessing officer of each township or municipality in

which part of the school district or intermediate school district

is in part situated.located.

     (4) The supervisor or supervisors receiving either of the

certificates An assessing officer who receives a certificate of a

judgment as aforesaid under this section shall proceed to assess

the amount thereof, of the judgment, with interest from the date of

the judgment to the time when the warrant for the collection

thereof of the judgment will expire, upon the taxable property of

the school district or intermediate school district, placing it on

the next township assessment roll in the column for school taxes. ;

Senate Bill No. 443 as amended December 12, 2013

and the same proceedings shall be had, and it The amount of the

judgment shall be collected and returned in the same manner as

other district taxes of the school district or intermediate school

district.

     (5) This section does not apply to any of the following:

     (a) A judgment entered in an action to enforce a contract that

the school district or intermediate school district was not

authorized to enter into under the laws of this state.

     (b) A judgment entered in an action to enforce a contract to

which the school district or intermediate school district is a

party that provides for payment of money to a person other than

this state, a public employee retirement system established by this

state, or a state authority, if both of the following apply:

     (i) The school district or intermediate school district is

subject to a consent agreement under section 8 of the local

financial stability and choice act, 2012 PA 436, MCL 141.1548.

     (ii) The consent agreement does not require the school district

or intermediate school district to obtain the approval of the state

treasurer before the treasurer of the school district or

intermediate school district certifies a judgment under this

section.

     (c) A judgment entered in an action to enforce a contract to

which the school district or intermediate school district is a

party and to which all of the following apply:

     (i) The contract provides for 1 or more payments by the school

district to a person other than this state, a public employee

retirement system established by this state, or a state authority.

<<(ii) The total amount of the payments required under the contract by the school district or intermediate school district is more than $100,000.00.

Senate Bill No. 443 as amended December 12, 2013

(iii)>> The school district or intermediate school district failed

to make a payment required under the contract to the person within

90 days after the date required under the contract.

<<(iv)>> Either of the following applies:

     (A) Within the 90-day period under subparagraph <<(iii)>>, the

person entitled to the payment did not provide written notice to

the board and superintendent of the school district or intermediate

school district and the state treasurer of the school district's or

intermediate school district's failure to make the required payment

and the person's intent to stop providing goods or services under

the contract.

     (B) After sending a notice described in sub-subparagraph (A),

the person did not stop providing goods or services under the

contract at the earliest time allowable under the contract.

     (6) The state treasurer shall transmit an electronic copy of

each notice received under subsection <<(5)(c)(iv)(A)>> to the

chairperson

of the house education committee, the chairperson of the senate

education committee, the chairperson of the house appropriations

subcommittee on school aid, and the chairperson of the senate

appropriations subcommittee on school aid.

     (7) The state treasurer and the school district or

intermediate school district shall post an electronic copy of a

notice sent under subsection <<(5)(c)(iv)(A)>> on the internet website of

the department of treasury and of the school district or

intermediate school district, respectively.