HB-4119, As Passed House, December 2, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4119

January 22, 2009, Introduced by Reps. Angerer, Lori, Slezak, Switalski, Lipton, Gregory and Kennedy and referred to the Committee on Tax Policy.

 

     A bill to amend 1893 PA 206, entitled

 

"The general property tax act,"

 

by amending section 59 (MCL 211.59), as amended by 2006 PA 626.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 59. (1) A person may pay the taxes, any 1 of the taxes, a

 

portion of the taxes specified by resolution of the county board of

 

commissioners, or if a specification is not made by a resolution of

 

the county board of commissioners, a portion of the taxes approved

 

by the county treasurer on a parcel or description of property

 

returned as delinquent, or on an undivided share of a parcel or

 

description of property returned as delinquent. For taxes levied on

 

real property before January 1, 1999 and for taxes levied on

 

personal property, the amount paid under this subsection shall

 


include interest computed from the March 1 after the taxes were

 

assessed at the rate of 1% per month or fraction of a month, except

 

as provided in section 89, and 4% of the delinquent taxes as a

 

county property tax administration fee that shall be a minimum of

 

$1.00 per payment of delinquent taxes, except as provided in

 

section 89. Payment under this subsection shall be made to the

 

county treasurer of the county in which the property is forfeited

 

to a county treasurer pursuant to section 78g. The county treasurer

 

and the treasurer for the local tax collecting unit shall allocate

 

and distribute the taxes and interest paid proportionately among

 

the county or local tax collecting unit funds and the property tax

 

administration fee returned as delinquent under section 44(6) to

 

the treasurer of the local tax collecting unit who transmitted the

 

taxes returned as delinquent. For taxes levied before January 1,

 

1999, on all descriptions of property with unpaid taxes on the

 

October 1 before the time prescribed for the sale of a tax lien on

 

the property, an additional $10.00 shall be charged for expenses,

 

which shall be a lien on the property. If collected, before January

 

1, 2006, $5.00 of this expense charge shall be credited to a

 

restricted revenue fund of this state, to be known as the

 

delinquent property tax administration fund, and after December 31,

 

2005 $5.00 of this expense charge shall be deposited in the land

 

reutilization fund created in section 78n, to reimburse this state

 

for the cost of publishing the lists of property and other

 

expenses, and $5.00 shall belong to the general fund of the county

 

to reimburse the county for the expense incurred in preparing the

 

list of delinquent property for sale or forfeiture.

 


     (2) For taxes levied before January 1, 1999, the property tax

 

administration fee paid to the county treasurer shall be credited

 

to the general fund of the county and the property tax

 

administration fee paid to the state treasurer shall be credited to

 

the land reutilization fund created in section 78n. Amounts

 

credited to the general fund of the county shall be used only for

 

the purposes specified in subsection (6).

 

     (3) For taxes levied before January 1, 1999, and for taxes

 

levied after December 31, 1998, a county board of commissioners, by

 

resolution, may provide all of the following for taxes paid before

 

May 1 in the first year of delinquency for the homestead property

 

principal residence of a senior citizen, paraplegic, hemiplegic,

 

quadriplegic, eligible serviceman, eligible veteran, eligible

 

widow, totally and permanently disabled person, or blind person, as

 

those persons are defined in chapter 9 of the income tax act of

 

1967, 1967 PA 281, MCL 206.501 to 206.532, if either a claim is

 

made before February 15 for the credit provided by chapter 9 of the

 

income tax act of 1967, 1967 PA 281, MCL 206.501 to 206.532, if

 

that claimant presents a copy of the form filed for that credit to

 

the county treasurer, and if that claimant has not received the

 

credit before March 1; or if a claim was made in the immediately

 

preceding tax year for the credit provided by chapter 9 of the

 

income tax act of 1967, 1967 PA 281, MCL 206.501 to 206.532, and if

 

that claimant resides at the same principal residence as claimed in

 

the immediately preceding tax year:

 

     (a) Any interest, fee, or penalty in excess of the interest,

 

fee, or penalty that would have been added if the tax had been paid

 


House Bill No. 4119 as amended December 2, 2010

 

before February 15 is waived.

 

     (b) Interest paid under subsection (1) or section 89(1)(a) is

 

waived unless the interest is pledged to the repayment of

 

delinquent tax revolving fund notes or payable to the county

 

delinquent tax revolving fund, in which case the interest shall be

 

refunded from the general fund of the county.

 

     (c) The county property tax administration fee is waived.

 

     (4) The treasurer of the local tax collecting unit shall

 

indicate on the delinquent tax roll if a 1% property tax

 

administration fee was added to taxes collected before February 15.

 

     (5) The fees authorized and collected under this section and

 

credited to the delinquent property tax administration fund shall

 

be used by the department of treasury to pay expenses incurred in

 

the administration of this act.

 

     (6) The county property tax administration fee shall be used

 

by the county to offset the costs incurred in and ancillary to

 

collecting delinquent property taxes and for purposes authorized by

 

sections 87b and 87d.

     <<Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

     (a) Senate Bill No. 796.

     (b) Senate Bill No. 889.>>