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and that has not withdrawn from the authority.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.