SB-0481, As Passed Senate, December 8, 2015
SUBSTITUTE FOR
SENATE BILL NO. 481
A bill to amend 2000 PA 321, entitled
"Recreational authorities act,"
by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as
amended by 2003 PA 135, and by adding section 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Articles" means the articles of incorporation of an
authority.
(b) "Authority" means a recreational authority established
under section 5.
(c) "Board" means the board of directors of the authority.
(d) "District" means a portion of a municipality having
boundaries coterminous with those of a precinct used for general
elections.
(e) "Electors of the authority" means the qualified and
registered electors of the participating municipalities who reside
within the territory of the authority.
(f) "Largest county" means, of those counties in which a
participating municipality is located, the county having the
greatest population.
(g)
"Municipality" means a city, county, village, or township,
or school district.
(h) "Park" means an area of land or water, or both, dedicated
to 1 or more of the following uses:
(i) Recreational purposes, including, but not limited to,
landscaped tracts; picnic grounds; playgrounds; athletic fields;
camps; campgrounds; zoological and botanical gardens; living
historical farms; boating, hunting, fishing, and birding areas;
swimming areas; and foot, bicycle, and bridle paths.
(ii) Open or scenic space.
(iii) Environmental, conservation, nature, or wildlife areas.
(i) "Participating municipality" means a municipality or
district that is named in articles of incorporation or proposed
articles of incorporation as joining in the original establishment
of an authority, or a municipality or district that joins an
existing authority and is added to the articles of incorporation,
and that has not withdrawn from the authority.
(j) "Public historic farm" means a parcel of public land and
its buildings that are accessible to the public, and provides, but
is not limited to, agricultural and historical programs, farming
activities and animal husbandry, community recreation activities
and events, programs held in common areas, meeting rooms, and
community gardens, and access to surrounding parkland.
(k) "Swimming pool" includes equipment, structures, areas, and
enclosures intended for the use of individuals using or operating a
swimming pool, such as equipment, dressing, locker, shower, and
toilet rooms.
(l) "Territory of the authority" means the combined territory
of the participating municipalities that is served by an authority.
Sec. 11. (1) An authority may levy a tax of not more than 1
mill for a period of not more than 20 years on all of the taxable
property within the territory of the authority for the purposes of
acquiring, constructing, operating, maintaining, and improving a
public swimming pool, public recreation center, public auditorium
or conference center, or public park. The authority may levy the
tax only upon the approval of a majority of the electors in each of
the participating municipalities of the authority voting on the tax
on November 6, 2001 or, thereafter, at a statewide general or
primary election. The proposal for a tax shall be submitted to a
vote of the electors of the authority by resolution of the board.
(2) A ballot proposal for a tax shall state the amount and
duration of the millage and the purposes for which the millage may
be used. A proposal for a tax shall not be placed on the ballot
unless the proposal is adopted by a resolution of the board and
certified by the board not later than 60 days before the election
to the county clerk of each county in which all or part of the
territory of the authority is located for inclusion on the ballot.
The proposal shall be certified for inclusion on the ballot at the
next eligible election, as specified by the board's resolution.
(3) If a majority of the electors in each of the participating
municipalities of the authority voting on the question of a tax
approve the proposal as provided under subsection (1), the tax levy
is authorized. Not more than 2 elections may be held in a calendar
year on a proposal for a tax authorized under this act.
(4) The proceeds of a tax levied under this section shall only
be used by the authority for those purposes described in this
section and shall not be used by the authority for either of the
following:
(a) Except as otherwise provided in subsection (5), any
general fund purposes by any participating municipality.
(b) Any school operating purposes, as that term is defined in
section 20 of the state school aid act of 1979, 1979 PA 94, MCL
388.1620, by any participating municipality that is a school
district.
(5) The proceeds of a tax levied under this section may be
used for general fund purposes by a participating municipality if
the proceeds used are directly related to managing the operation of
the business of the authority pursuant to a contract between the
authority and that participating municipality.
Sec. 12. If a majority of electors in each of the
participating municipalities of the authority voting on the
question of a tax as provided in section 11 approve the tax, the
authority shall consider offering preferences or benefits for the
residents of the participating municipalities that include, but are
not limited to, any of the following:
(a) Discounted admission fees.
(b) Discounted membership fees.
(c) Discounts for school children.
(d) Access to educational programs.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.