HB-4395, As Passed House, April 25, 2013

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4395

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 425, entitled

 

"An act to provide for the creation of community swimming pool

authorities; to provide powers and duties of the authorities; to

provide for the levy of a tax by the authorities; and to provide

for the collection and distribution of the tax,"

 

by amending section 13 (MCL 123.1073).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 13. (1) An authority formed under this act may levy a tax

 

on all of the taxable property in a participating municipality

 

located within the district for the purposes of owning or operating

 

a community swimming pool.

 

     (2) The tax authorized in this section shall not exceed 1 mill

 

of the state equalized valuation on each dollar of assessed

 

valuation of taxable property within the limits of each

 

participating municipality.


 

     (3) The tax authorized under this section shall not be levied

 

except upon the approval of a majority of the qualified and

 

registered electors of the participating municipalities who reside

 

in the district voting on the tax at an annual or special school

 

election. The election may be called by resolution of the board.

 

The secretary of the board shall file a copy of the resolution of

 

the board calling the election with the clerk of any participating

 

municipality not less than 70 days later than 4 p.m. on the twelfth

 

Tuesday before the date of the election. The resolution calling the

 

election shall contain a statement of the proposition to be

 

submitted to the electors. All appropriate clerks and all

 

appropriate officials shall take all necessary steps to properly

 

submit the proposition to the electors of the participating

 

municipalities who reside in the district at the election specified

 

in the resolution of the authority. The election shall be conducted

 

and canvassed in accordance with the Michigan election law, Act No.

 

116 of the Public Acts of 1954, being sections 168.1 to 168.992 of

 

the Michigan Compiled Laws. 1954 PA 116, MCL 168.1 to 168.992. The

 

results of the election shall be certified to the board promptly

 

after the date of the election. No more than 2 elections may be

 

held in a calendar year for approval of the tax authorized under

 

this section. The authority shall pay its share of the costs of the

 

election.

 

     (4) The taxes authorized by this section may be levied at a

 

rate and for a period, not more than 5 years, as determined by the

 

authority in the resolution calling the election and as set forth

 

in the proposition submitted to the electors.


 

     Enacting section 1. This amendatory act takes effect 120 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4393 of the 97th Legislature is enacted into

 

law.