SENATE BILL No. 1303

May 8, 2002, Introduced by Senators SIKKEMA and STEIL and referred to the Committee on

Finance.

A bill to amend 1851 PA 156, entitled

"An act to define the powers and duties of the county boards of

commissioners of the several counties, and to confer upon them

certain local, administrative and legislative powers; and to pre-

scribe penalties for the violation of the provisions of this

act,"

by amending section 11b (MCL 46.11b), as amended by 1983 PA 142.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 11b. (1) A county, by resolution of the county board

2 of commissioners, may enter into a contract or agreement for the

3 purchase of lands, property, or equipment to be used for public

4 purposes and, except as provided in subsection (6), to be paid

5 for in installments over a period of not more than 10 years FOR

6 PROPERTY OR EQUIPMENT, OR OVER A PERIOD OF NOT MORE THAN 30 YEARS

7 FOR LANDS AND BUILDINGS, or the useful life of the property,

8 whichever is less. A contract or agreement described in this

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1 section made before August 21, 1975, is validated and made

2 legal.

3 (2) The EXCEPT AS PROVIDED IN SUBSECTION (7), THE aggre-

4 gate outstanding balance of ALL purchases made by a county pursu-

5 ant to this section, excluding interest, shall not exceed 1/2 of

6 1% of the equalized assessed value of real and personal property

7 in the county at the date of the contract or agreement, except

8 that a contract or lease entered into pursuant to Act No. 31 of

9 the Public Acts of the First Extra Session of 1948, as amended,

10 being sections 123.951 to 123.965 of the Michigan Compiled Laws

11 1948 (1ST EX SESS) PA 31, MCL 123.951 TO 123.965, or a contract

12 or lease entered into with a public corporation or municipality,

13 shall not be included in a calculation of the aggregate outstand-

14 ing balance.

15 (3) The county board of commissioners shall include in its

16 budget and pay the sum or sums necessary each year to meet the

17 payments of the installments, including interest, when they

18 become due and overdue installments.

19 (4) This section shall not authorize the county board of

20 commissioners to levy taxes in excess of statutory limitations

21 without the approval of the electors.

22 (5) The limitations imposed in this section shall not be

23 applicable to a contract for purchase of land declared surplus by

24 the United States government or any of its agencies.

25 (6) The installments for a contract or agreement to purchase

26 lands, property , or equipment may be for a period of not

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1 more than 15 years if all of the following conditions are

2 satisfied:

3 (a) The lands, property , or equipment is entirely

4 within the county.

5 (b) The lands, property , or equipment is purchased from

6 a city which THAT is entirely within the county.

7 (c) The lands, property , or equipment is used for air-

8 port purposes.

9 (d) The purchase is made after June 30, 1983, and before

10 July 1, 1984.

11 (7) IF THE AGGREGATE OUTSTANDING BALANCE OF PURCHASES FOR

12 LANDS AND BUILDINGS ONLY, EXCLUDING INTEREST AND THOSE CONTRACTS

13 OR LEASES THAT ARE ENTERED INTO PURSUANT TO 1948 (1ST EX SESS)

14 PA 31, MCL 123.951 TO 123.965, OR ENTERED INTO WITH A PUBLIC COR-

15 PORATION OR MUNICIPALITY, DOES NOT EXCEED 1/2 OF 1% OF THE EQUAL-

16 IZED ASSESSED VALUE OF REAL AND PERSONAL PROPERTY IN THE COUNTY

17 AT THE DATE OF THE CONTRACT OR AGREEMENT, THEN THE AGGREGATE OUT-

18 STANDING BALANCE OF THE PURCHASES FOR LANDS AND BUILDINGS SHALL

19 NOT BE INCLUDED IN THE CALCULATION OF THE AGGREGATE OUTSTANDING

20 BALANCE UNDER SUBSECTION (2).

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