TOWNSHIP MOSQUITO ABATEMENT

House Bill 5024 as introduced

Sponsor:  Rep. Tim Sneller

House Bill 5025 as introduced

Sponsor:  Rep. Gary Howell

Committee:  Local Government and Municipal Finance

Complete to 10-30-19

SUMMARY:

House Bills 5024 and 5025 would amend 1846 RS 16 to allow townships to levy a millage on taxable property for the purpose of mosquito abatement and allow townships to finance by special assessment mosquito abatement by private contractors.

House Bill 5024 would allow a township to levy a tax of up to one mill for up to six years on all of the taxable property in the township for the purpose of mosquito abatement.

In order to levy the tax, a township board would, by resolution, have to adopt the proposal to place it on the ballot. The ballot proposal would have to comply with the requirements of section 24f of the General Property Tax Act concerning the authorization of bond issuances and millage rates. The township could levy a tax for mosquito abatement, or renew such a tax, only if a majority of electors approved the tax or the tax renewal. A tax levied under the bill would have to be levied and collected at the same time and in the same manner as in the General Property Tax Act.

Proposed MCL 41.4a

House Bill 5025 would allow a township to provide by ordinance a procedure to finance by special assessment the provision of mosquito abatement by private contractors. Under the bill, the ordinance would have to do one or both of the following:

·         Authorize the township board to initiate the establishment of a special assessment district by resolution.

·         Authorize the use of petitions to initiate the establishment of a special assessment district.

If petitions were used to initiate the establishment of such a district, the owners of not less than 25% of the land to be made into the special assessment district would have to sign the petitions to initiate the establishment of the district.

If a township board adopted a resolution to initiate the establishment of a special assessment district, or if the owners of at least 25% of the land within the proposed special assessment district signed petitions to initiate the establishment of the district, then the township board would have to do one of the following:

·         Submit the question of raising money for mosquito abatement by special assessment to the electors residing within the prospective special assessment district at either a general election or a special election called for this purpose by the township board.

·         Adopt a resolution to establish the special assessment district for mosquito abatement.

If the township took the first of these two options, a special assessment district for mosquito abatement would be established if a majority of the electors residing within the prospective special assessment district approved the measure.

Any public property belonging to the state would be exempt from a special assessment levied and collected under the bill. Subject to this exception, all proceedings related to levying and collecting a special assessment under the bill would have to be in accordance with the proceedings provided in 1954 PA 188.

A special assessment district for mosquito abatement established under the bill could be discontinued upon petition by the owners of at least 51% of the land comprising the special assessment district.

Finally, the bill would add mosquito abatement as an allowable purpose for which a township board could appropriate money or expend funds.

MCL 41.110c and proposed MCL 41.3c

The bills are tie-barred to one another, which means that neither could take effect unless both were enacted.

FISCAL IMPACT:

The bills would have no net fiscal impact on state or local government unless the township called for a special election to vote on the petition for a mosquito abatement special assessment district. If a special election were held, the cost to the township would be approximately $2,000 per precinct. If a township chose to pursue a millage or special assessment, any millage or special assessment presumably would cover the costs of mosquito abatement in the township. The bills are permissive and would not require action by any township. 

                                                                                        Legislative Analyst:   Nick Kelly

                                                                                                Fiscal Analyst:   Ben Gielczyk

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations and does not constitute an official statement of legislative intent.