Act No. 162

Public Acts of 1998

Approved by the Governor

June 25, 1998

Filed with the Secretary of State

June 26, 1998

EFFECTIVE DATE: 91st day after final adjournment of 1998 Regular Session

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Reps. Brater, Brackenridge and Dobronski

ENROLLED HOUSE BILL No. 5168

AN ACT to amend 1933 PA 62, entitled "An act to provide limits on the rate of taxation on property, and to provide for a division of the rate of taxation between counties, townships, municipal corporations, intermediate school districts, and other local units and to earmark funds raised by increasing the total tax limitation; and to repeal all acts and parts of acts and charters and parts of charters of municipal corporations inconsistent with or contravening the provisions of this act," by amending the title and sections 5a and 5b (MCL 211.205a and 211.205b), the title and section 5b as amended by 1994 PA 190.

The People of the State of Michigan enact:

TITLE

An act to provide limits on the rate of taxation on property; to provide for a division of the rate of taxation between counties, townships, municipal corporations, intermediate school districts, and other local units; to earmark funds raised by increasing the total tax limitation; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts and charters and parts of charters of municipal corporations inconsistent with or contravening the provisions of this act.

Sec. 5a. (1) A vote on adopting separate tax limitations shall be initiated by petition signed by not less than 4% of the registered electors of each township and city within the county. The petition shall be filed with the county clerk not less than 30 days before the convening of the board in regular session, or any special session called for the purpose of considering the petition.

(2) A petition under this section, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

Sec. 5b. (1) The petition for the adoption of a separate tax limitation shall be in substantially the following form: "Petition initiating procedures for the adoption of separate tax limitations to the county board of commissioners:

We, the undersigned qualified and registered electors and residents of the city or township of . . . . . . . . . . . . . , in the county of . . . . . . . . . . . . . , and state of Michigan, petition the county board of commissioners to place before the voters of this county the question of establishing separate tax limitation millage rates for a period of . . . . . . years or for an indefinite period, or until altered by the voters of the county, for the county of . . . . . . . . . . . . . and the townships and intermediate school districts within the county, the aggregate of which shall not exceed . . . . . . mills, as follows:

Mills

County of . . . . . . . . . . . . . . . . . . . . . . . . . .

Townships . . . . . . . . . . . . .

Intermediate school districts . . . . . . . . . . . . .

Total . . . . . . . . . . . . . ".

(2) In addition to the requirements of subsection (1), the petition shall also include a warning as prescribed in section 482 of the Michigan election law, 1954 PA 116, MCL 168.482.

(3) The circulator of the petition shall be a qualified and registered elector of the county in which he or she circulates the petition. Petitions shall be signed and acknowledged by the circulator before a person authorized by law to take acknowledgments.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5138 of the 89th Legislature is enacted into law.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.