HB-5220, As Passed Senate, December 13, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5220

(As amended December 5, 2012)

     A bill to amend 1973 PA 186, entitled

"Tax tribunal act,"

(MCL 205.701 to 205.779) by adding section 62b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 62b. (1) Except as otherwise provided in this section,

after a petitioner has filed a petition under this chapter and the

<<residential property and small claims division has issued notice of

the docket number assigned to the petition and before a hearing

for the petition has been scheduled>>, the petitioner or the <<respondent>> local tax collecting unit may

request an informal settlement conference as provided in this

section.

     (2) A petitioner shall submit a written request for an

informal settlement conference to the local tax collecting unit and

shall file a copy of that written request with the residential

property and small claims division. A local tax collecting unit

House Bill No. 5220 as amended December 5, 2012

shall submit a written request for an informal settlement

conference to the petitioner and shall file a copy of that written

request with the residential property and small claims division.

<<A written request shall include a statement attesting to the

service of the written request on the petitioner or local tax

collecting unit, as appropriate. The statement shall identify the

person upon whom the request was served and the date and method by

which the written request was served on that person.>>

     (3) If a petitioner has requested an informal settlement

conference under subsection (2), the local tax collecting unit

shall schedule and hold an informal settlement conference within 60

days after receipt of the written request. The informal settlement

conference shall be held <<telephonically or>> at the offices of

the local tax collecting

unit. If the local tax collecting unit does not schedule and hold

an informal settlement conference within 60 days after receipt of

the written request, the petitioner may file a motion with the

residential property and small claims division for an order to

compel the informal settlement conference. <<If the residential

and small claims division issues an order compelling an informal settlement conference, the local tax collecting unit shall conduct

an informal settlement conference as required by the order.>> If the local tax

collecting unit does not schedule and hold an informal settlement

conference <<as required by>> the order to compel the informal

settlement conference, the residential property and small claims

division shall schedule an expedited default hearing.

     (4) If a local tax collecting unit has requested an informal

settlement conference under subsection (2), the local tax

collecting unit shall schedule and hold an informal settlement

conference within 60 days after delivery of the written request to

the petitioner. The informal settlement conference shall be held

<<telephonically or>> at

the offices of the local tax collecting unit. A petitioner is not

required to respond to the local tax collecting unit's request for

an informal settlement conference or to attend the informal

settlement conference. If a petitioner does not respond to the

local tax collecting unit's request for an informal settlement

conference or attend the informal settlement conference, the

petitioner's appeal shall continue as provided in this act.

     (5) At the informal settlement conference, the petitioner and

the local tax collecting unit may enter into a stipulation for

judgment. The stipulation for judgment shall be filed with the

residential property and small claims division. The residential

property and small claims division shall review the stipulation for

judgment to determine if the stipulation for judgment shall be

adopted as a final order. Upon a showing of good cause or at the

residential property and small claims division's discretion, the

residential property and small claims division may reject the

proposed stipulation for judgment.

     (6) If the petitioner and the local tax collecting unit do not

agree to a stipulation for judgment or if the residential property

and small claims division rejects the proposed stipulation for

judgment, the petitioner's appeal shall continue as provided in

this act.

     (7) This section does not apply to the denial of a claim for

exemption of a principal residence under section 7cc(8) or (11) of

the general property tax act, 1893 PA 206, MCL 211.7cc.