SB-0941, As Passed Senate, December 6, 2007
November 29, 2007, Introduced by Senator KAHN and referred to the Committee on Finance.
A bill to amend 1945 PA 47, entitled
"An act to authorize 2 or more cities, townships, and villages, or
any combination of cities, townships, and villages, to incorporate
a hospital authority for planning, promoting, acquiring,
constructing, improving, enlarging, extending, owning, maintaining,
and operating 1 or more community hospitals and related buildings
or structures and related facilities; to provide for the sale,
lease, or other transfer of a hospital owned by a hospital
authority to a nonprofit corporation established under the laws of
this state for no or nominal monetary consideration; to define
hospitals and community hospitals; to provide for changes in the
membership therein; to authorize the cities, townships, and
villages to levy taxes for community hospital purposes; to provide
for the issuance of bonds; to provide for the pledge of
assessments; to provide for borrowing money for operation and
maintenance and issuing notes for operation and maintenance; to
validate elections heretofore held and notes heretofore issued; to
validate bonds heretofore issued; to authorize condemnation
proceedings; to grant certain powers of a body corporate; to
validate and ratify the organization, existence, and membership of
entities acting as hospital authorities under the act and the
actions taken by hospital authorities and by the members of the
hospital authorities; and to prescribe penalties and provide
remedies,"
by amending section 4 (MCL 331.4).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. The legislative bodies of the cities, villages, and
townships belonging to the hospital authority may annually raise by
a tax, to be levied on the taxable property within their respective
jurisdictions, a sum of money to be used to assist in planning,
promoting, acquiring, constructing, improving, enlarging,
extending, owning, maintaining, and operating community hospitals
authorized by this act. The annual tax authorized in this section
shall not exceed 4/10 of 1 mill of the state equalized valuation on
each dollar of assessed valuation in each city, village, or
township in the authority. The treasurer of any city, village, or
township who collects the tax authorized by this section shall also
pay to the authority its proportionate share of reimbursement
payments
under the single business tax as provided for in section
137
of Act No. 228 of the Public Acts of 1975, being section
208.137
of the Michigan Compiled Laws Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. In
addition, an annual tax at a rate not to exceed 2 mills may be
levied for not more than 10 years for capital improvements when
authorized at a general or special election and approved by a
majority vote of the total qualified electors voting on the
question in all member cities, villages, and townships. The
hospital authority board may initiate a proceeding for the
additional tax by resolution of the hospital authority board which
shall set forth the amount of the tax, not to exceed 2 mills, and
shall set a date of election which shall be not less than 60 days
after the adoption of the resolution. The secretary of the
authority shall within 5 days after the adoption of the resolution
transmit a certified copy of the resolution to the clerk of each
city, village, or township which is a member of the authority. The
clerk of each member city, village, or township shall take the
steps necessary to provide for an election pursuant to the
resolution passed at which election the question of the additional
tax shall be submitted. The election shall be conducted in the same
manner as elections are required to be conducted in the member
cities, villages, or townships under the provisions of the general
election law. When a part or all of a village belonging to the
authority is located in a township belonging to the authority, the
township election shall include that part of the village located in
it and the village shall not be required to hold an election except
in that portion of the village not located in the township
belonging to the authority. The election in each member city,
village, and township shall be canvassed in the manner required by
the general election law and the results of the election shall be
certified to the hospital authority board within 5 days after the
date of the election. The hospital authority board shall compile
and tabulate the vote as received from the member cities, villages,
and townships and certify the election by resolution upon the
records of the authority, and a majority of the total valid votes
cast in the election voting "yes" on the question submitted shall
constitute an approval. A special election called pursuant to this
section shall not be included in a statutory or charter limitation
as to the number of special elections to be called within a period
of time. A previous election held under this act is not invalid if
the election was approved by majority of the total valid votes cast
in a proper election. The hospital authority calling an election
for a date other than a primary, general, or special election held
within the cities, villages, or townships forming the hospital
authority shall pay the costs of the election. If the election is
held at the same time as a primary, general, or special election
held within the cities, villages, or townships forming the hospital
authority, the hospital authority shall pay its proportionate share
of the costs incurred in holding the election.