Michigan Laws 211.203 – Limitation on amount of taxes; exception as to debt service tax rates; charter or general law limitation on power to levy taxes; charter tax rates; election to increase tax rate limitation; ballo
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Terms Used In Michigan Laws 211.203
- Board: means the county tax allocation board created by section 5. See Michigan Laws 211.202
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Local unit: means counties, townships, villages, cities, a first-class school district, community college districts, intermediate school districts, and all other divisions, districts, and organizations of government that are or may be established by law and that have the power to levy taxes against property located within their respective areas, except villages and cities for which there are provisions in their charters or general law fixing maximum limits on the power to levy taxes against property for purposes as authorized by law to be supported under the municipal budget and school districts. See Michigan Laws 211.202
- Municipal corporation: means villages and cities. See Michigan Laws 211.202
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Except as otherwise provided in this section, the total amount of taxes levied against property for all purposes in any 1 year must not exceed the limits provided by or fixed under section 6 of article IX of the state constitution of 1963, except taxes, known and referred to as debt service tax rates, levied for the payment of interest and principal on obligations incurred before December 8, 1932.
(2) If a municipal corporation is limited by a provision in its charter or general law in its power to levy taxes against property for purposes authorized by law to be supported under the municipal budget, the municipal corporation shall levy the taxes under those provisions and those taxes, known and referred to as charter tax rates, are in addition to the taxes that may be levied under the limitation set forth in subsection (1). If any portion of the net limitation tax rate is allocated to the municipal corporation by the board, the allocated tax rate must be included within the total tax rate levied by the municipal corporation under this subsection.
(3) If any local unit holds an election for the purpose of increasing the total tax rate limitation, as provided for by section 6 of article IX of the state constitution of 1963, the vote at the election must be taken by ballot and the ballots must be cast and counted in the manner provided by the general election laws of this state. The ballots must state the amount in dollars per thousand dollars of taxable value by which it is proposed that the total tax rate limitation on property in the local unit be increased and the number of years for which it is proposed that the increase will be effective. If a previous increase in the total tax limitation on property is about to expire and a new increase for the identical amount levied in the immediately preceding year or a lesser amount is proposed, the ballot proposal may be presented as a renewal or continuation of the previous increase for a specified number of years. The ballot must specify the intended purpose of the renewed or new funds. The ballot may also state the purpose for which the funds derived from the voted increase over the constitutional tax rate limitation may be used, and the board shall not consider those funds in dividing the net limitation tax rate among the various governmental units under this act. Within 5 days after every election held in any local unit to increase the tax rate limitation, a certified copy of the official declaration of the result of the election must be filed with the treasurer of the county or counties in which the local unit is located. The voted increase in the tax rate limitation is effective in the local unit only when the certified copy of the official declaration of the result of the election is filed. The notice of an election under section 653a of the Michigan election law, 1954 PA 116, MCL 168.653a, for an election at which a proposal for an increase in the total tax rate limitation is to be voted upon must, in addition to listing the proposal, include a statement that includes the amount in dollars per thousand dollars of taxable value by which it is proposed under the proposal that the total tax rate limitation on property in the local unit be increased and the number of years for which it is proposed that the increase will be effective.
(4) As used in this section, “taxable value” means that value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.