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HomeMy WebLinkAboutResolutions - 2006.01.19 - 28147(co'1wissioner Eileen T. Kowall District #6 .4 CommisOner Hugh D. Crawfbrd District #9 MISCELLANEOUS RESOLUTION #06016 BY: Commissioners Eileen T. KowaII, District #6, David Coulter, District #25, Hug h D. Crawford, District #9, Christine Long , District #7 IN RE: BOARD OF COMMISSIONERS - SUPPORT OF LEGISLATION (SENATE BILL 965 AND SENATE BILL 966) TO RESTORE PARKS SYSTEMS' FUNDING AS A STATE OBLIGATION To the Oakland Count y Board of Commissioners Chairpersons, Ladies and Gentlemen: WHEREAS The Oakland Count y Board of Commissioners are dedicated to supportin g efforts preservin g state funding for the Huron-Clinton Metropolitan Authorit y (HCMA) and the Oakland Count y Parks and Recreation Commission ; and WHEREAS county parks and park authorities have received an Inventory Reimbursement from the State of Michi gan to fund parks and recreational sites ; and WHEREAS the State, havin g provided HCMA and count y parks this Inventory Reimbursement since the mid-1970s, has recognized the importance to help fund local parks for residents and visitors to enjo y; and WHEREAS the Inventory Reimbursements were sent to the local count y solely as an administrative convenience . The county did not have any discretion over the use of these funds and merel y acted as an intermediary to immediately pass through the state funding on to the HCMA and count y parks ; and WHEREAS along with the chan ges in revenue sharin g , the state eliminated the Inventory Reimbursement to HCMA and county parks and in doing so the state has not fulfilled its obli gation to restore this fundin g; and WHEREAS legislation introduced b y Senator Nancy Cassis, Senate Bills 965 and 966 to amend the State Revenue Sharin g Act to rectify this fundin g problem by restorin g the state's obli gation to fund the HCMA and count y parks. NOW THEREFORE BE IT RESOLVED that the Oakland Count y Board of Commissioners hereby supports the major provisions contained in the Parks S ystems' Fundin g legislation - Senate Bill 965 and Senate Bill 966. BE IT FURTHER RESOLVED that the Oakland Count y Board of Commissioners req uests the Oakland count y Clerk to forward copies of this adopted resolution to the Governor of the State of Michi gan, Senator Nanc y Cassis, House and Senate leadership, House and Senate General Government Subcommittee on Appropriations, the Oakland County delegation to the state legislature, the Michi gan Association of Counties, the lobbyist for the Huron-Clinton Metropolitan Authorit y (HCMA), and Oakland Count y's le gislative lobbyists. Chairperson, we move the adoption of the fore going resolution. Commissioner David Coulter District #25 N. G. Commissioner Christine Lo District #7 es--,-1 7 al/14, Commissioner District # CommiOioner Distript-# L-'4111. A 4w: missioner District # E uLf),0 1 Comssioner Disthct Cortimissione7 District #2_3 Commissioner District # Commissioner Distric;# 1 7 C9rnmissioner Dygtriet-4 c ( Commissioner_ District # 2 ComM—i-ssio' ne - District , Commissioner # /,`41i I Districti td:14,,k Commissioner DistiV Ccfmmissio er / Cominissiorier District # ftj I, jtt 1'ZL/ Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # 2171- pe Commissioner Distrt# SENATE BILL No. 965 January 18, 2006, Introduced by Senators CASSIS, BISHOP, ALLEN, GARCIA, PATTERSON, HAMMERSTROM, TOY and VAN WOERKOM and referred to the Committee on Appropriations. A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 11 (MCL 141.911), as amended by 2004 PA 356. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11. (1) For state fiscal years before the 1996-1997 state 2 fiscal year, the department of management and budget shall cause to 3 be paid during each August, November, February, and May, • 4 counties on a per capita basis the collections from the state CD Cr) 5 income tax as certified by the department of treasury for the Sj 6 quarter periods ending the prior June 30, September 30, December diC 7 31, and March 31 that are available for distribution to and -J o5 8 retention by counties. W 9 (2) For state fiscal years beginning after September 30, 1992 F- 5 10_ and ending before October 1, 1996, the collections from the state III 11 income tax otherwise available for distribution to counties in OD S96 '0N 1118 31VN3S 05397'05 RJA 1 November for the quarter period ending the prior September 30 shall 2 be increased by $35,900,000.00 and the collections from the state 3 income tax otherwise available for distribution to counties in 4 August for the quarter period ending the prior June 30 shall be 5 decreased by $35,900,000.00. 6 (3) For the 1996-1997 and 1997-1998 state fiscal years, the 7 department of treasury shall cause to be paid to counties on a per 8 capita basis an amount equal to 24.5% of the difference between 9 21.3% of the sales tax collections at a rate of 4% in the 12-month 10 period ending June 30 of the state fiscal year in which the 11 payments are made and the total distribution for the state fiscal 12 year under section 12a. Subject to section 13d, for the 1998-1999 13 through 2005-2006 state fiscal years and for the period of October 14 1, 2006 through September 30, 2007, the department of treasury 15 shall cause to be paid to counties all of the following: 16 (a) Except as provided in subdivision (c) and subsection (6), 17 an amount equal to the amount the county was eligible to receive 18 under section 12a in the 1997-1998 state fiscal year. 19 (b) Except as provided in subdivision (c) and subsection (6), 20 an amount equal to 25.06% of 21.3% of the sales tax collections at 21 a rate of 4% in the 12-month period ending June 30 of the state 22 fiscal year in which the payments are made minus the amount 23 determined under subdivision (a) which shall be distributed on a 24 per capita basis. If the amount appropriated under this section to 25 counties is less than 25.06% of 21.3% of the sales tax rate of 4%, 26 any reduction made necessary by this appropriation in distributions 27 to counties shall first be applied to the distribution under this 05397'05 RJA 1 subdivision. 2 (o) For the 2002-2003 state fiscal year only, each county 3 shall receive the lesser of 96.5%, or the percentage determined 4 under this subdivision, of the amount that the county would have 5 received if the total available for distribution under subdivisions 6 (a) and (b) were $211,549,002.00. The total amount available for 7 distribution to all counties under this subdivision shall not 8 exceed $204,144,787.00. For the 2002-2003 state fiscal year, the 9 percentage under this subdivision shall be determined by dividing 10 the sum of all payments under section 10 of article IX of the state 11 constitution of 1963 and $791,070,000.00 by $1,515,644,218.00. For 12 the 2003-2004 state fiscal year only, each county shall receive the 13 lesser of 92%, or the percentage determined under this subdivision, 14 of the amount distributed to the county under this subsection for 15 the 2002-2003 state fiscal year. For the 2003-2004 state fiscal 16 year, the percentage under this subdivision shall be determined by 17 dividing the sum of all payments under section 10 of article IX of 18 the state constitution of 1963 and $724,800,000,00 by 19 $1,407,850,000.00 and then subtracting 0.08. 20 (4) After September 30, 2007 and subject to the limitations of 21 subsections (3) and (6), 25.06% of 21.3% of the sales tax 22 collections at a rate of 4% shall be distributed to counties as 23 provided by law. 24 (5) The payments under subsection (3) shall be made from 25 revenues collected during the state fiscal year in which the 26 payments are made and shall be made during each October, December, 27 February, April, June, and August. Payments shall be based on 05397'05 RJA 1 collections from the sales tax at a rate of 4% in the 2-month 2 period ending the prior August 31, October 31, December 31, 3 February 28, April 30, and June 30, and for the 1996-1997 and 1997- 4 1998 state fiscal years only the payments shall be reduced by 1/6 5 of the total distribution for the state fiscal year under section 6 12a. For state fiscal years after the 1995-1996 state fiscal year, 7 the collections from the sales tax otherwise available for 8 distribution to counties under subsection (3) in December shall be 9 increased by $17,000,000.00 and the collections from the sales tax 10 otherwise available for distribution to counties under subsection 11 (3) in April shall be decreased by $17,000,000.00. 12 (6) For state fiscal years beginning after September 30, 2004, 13 the ALL OF THE FOLLOWING APPLY; 14 (A) THE total amount distributed to each county under this 15 section shall equal the SUM OF THE FOLLOWING; 16 (0 THE amount by which the balance in its revenue sharing 17 reserve fund under section 44a of the general property tax act, 18 1893 PA 206, MCL 211.44a, for the county's most recent fiscal year 19 that ends prior to the January 1 of the state's fiscal year is less 20 than the amount calculated under section 44a(13) of the general 21 property tax act, 1893 PA 206, MCL 211.44a, for the county fiscal 22 year that begins in the state's fiscal year. 23 U0 AN AMOUNT EQUAL TO THE AMOUNT OF PAYMENTS MADE BY THE 24 COUNTY TO ELIGIBLE AUTHORITIES UNDER SECTION 12A(8) DURING THE 25 2003-2004 STATE FISCAL YEAR, NOT TO EXCEED THE AMOUNT APPROPRIATED 26 BY THE LEGISLATURE TO THAT COUNTY FOR THOSE PAYMENTS. 27 (B) Payments under thio oubocction SUBDIVISION (A)(0 AND (i0 05397'05 RJA 1 shall be adjusted SEPARATELY as necessary to reflect partial county 2 fiscal years and prorated based on the total amount appropriated 3 FOR THE PURPOSES OF SUBDIVISION (A)(0 AND (i0 RESPECTIVELY, for 4 distribution to all counties. 5 (C) Upon the exhaustion of each county's revenue sharing 6 reserve fund, state revenue sharing within that county will be 7 fully and permanently restored UNDER SUBDIVISION (A)(0 in an amount 8 equal to the total payments made to that county under this act in 9 the state fiscal year ending September 30, 2004, adjusted annually 10 through the date of restoration by the inflation rate, without 11 regard to an executive order issued after May 17, 2004, and 12 prorated based on the amount of the reserve fund used by the county 13 in the fiscal year during which payments are required to resume 14 under this subsection. 15 (D) As used in this subsection: , "inflation 16 (0 "ELIGIBLE AUTHORITY" MEANS AN AUTHORITY DESCRIBED IN 17 SECTION 12A(8). 18 (i0 "INFLATION rate" means that term as defined in section 34d 19 of the general property tax act, 1893 PA 206, MCL 211.34d. 20 (7) The department of treasury may withhold all or a portion 21 of payments under this section to a county that has not timely 22 furnished the statement required under section 151(1) of the state 23 school aid act of 1979, 1979 PA 94, MCL 388.1751, or distributed an 24 industrial facilities tax as required under 1974 PA 198, MCL 25 207.551 to 207.572, or the specific tax as required under section 26 21b of the enterprise zone act, 1985 PA 224, MCL 125.212b. Before 27 withholding all or a portion of the payments under this section to 05397 1 05 RJA 1 a county, the department shall inform the county in writing of the 2 intent to withhold payments and offer an opportunity for an 3 informal conference on the matter. 4 Enacting section 1. This amendatory act does not take effect 5 unless Senate Bill No. 966 6 of the 93rd Legislature is enacted into law. 05397'05 Final Page RJA 9 31VN3S 996 "oN 11 SENATE BILL No. 966 January 18, 2006, Introduced by Senators CASSIS, BISHOP, ALLEN, GARCIA, PATTERSON, HAMMERSTROM, TOY and VAN WOERKOM and referred to the Committee on Appropriations. A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 12a (MCL 141.912a), as amended by 1998 PA 532. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 12a. (1) For state fiscal years before the 1998-1999 2 state fiscal year, the department of treasury shall calculate the 3 amount of payment to be made to a city, village, or township by 4 multiplying the amount of state equalized value of tax exempt cn 5 inventory property as certified by the department of treasury under Si 6 former section 132 of the single business tax act, 1975 PA 228, AL 7 times the property tax rate for each taxing unit as certified each -J o5 8 year to the department of treasury for purposes of this act. 9 (2) For state fiscal years before the 1998-1999 state fiscal 15 10 year, the department of treasury shall pay to each county each AL CO 05397'05 b RJA 1 year, following the year the amount was calculated, an amount equal 2 to the product of the state equalized value of inventory as 3 certified by the department of treasury under former section 132 of 4 the single business tax act, 1975 PA 228, times the county property 5 tax rate for the county as reported each year to the department of 6 treasury. 7 (3) For state fiscal years after the 1995-1996 state fiscal 8 year in which payment is made under this section, the payment under 9 this section shall be from the collections, exclusive of the amount 10 designated for assistance to townships, cities, and villages under 11 section 10 of article IX of the state constitution of 1963, of the 12 sales tax levied at a rate of 4%. 13 (4) Payments made under this section, and the allocation and 14 appropriation of amounts necessary to make the payments under this 15 section, shall include interest which shall accrue on the unpaid 16 balance. Interest shall accrue at the rate determined under section 17 13b. 18 (5) A payment required to be made under this section shall not 19 be delayed so as to cause interest to accrue pursuant to subsection 20 (4) unless the delay in any payment is authorized by a written 21 directive issued and signed by the governor that conforms to and is 22 subject to section 13b(2) and (3). 23 (6) Amounts required to be paid pursuant to this section that 24 are subject to an unavoidable delay of a de minimis period or that 25 are withheld or set off pursuant to law in the settlement or 26 adjustment of an obligation or debt due to this state are not 27 subject to subsections (4) and (5). 05397'05 b RJA 1 (7) For state fiscal years before the 1998-1999 state fiscal 2 year, the treasurer of any city, village, township, or county who 3 collects money for an authority that levies property taxes, shall 4 pay an eligible authority its proportionate share of the 5 reimbursements under this section. The proportionate share is the 6 percentage that the property taxes collected by the authority are 7 to the property taxes of the assessing unit. The property taxes of 8 the authorities may be added to the millages used to determine 9 payments under this section. For an authority to be eligible for 10 compensation under this section, that authority shall have an 11 authorization to have taxes levied for its use as provided by law. 12 School districts, intermediate school districts, community college 13 districts, vocational education districts, and special education 14 districts are not included under this section. 15 (8) Subject to section 13d, for ALL OF THE FOLLOWING APPLY: 16 (A) FOR the 1998-1999 through 2005-2006 state fiscal years and 17 for the period of October 1, 2002 through June 30, 2007, the 18 treasurer of any city, village, OR township , or cc 19 collects money for an authority that levies property taxes shall 20 pay an eligible authority, from the payments received under this 21 act, the amount received by the eligible authority under subsection 22 (7) for the 1997-1998 state fiscal year. 23 (B) FOR THE 1998-1999 THROUGH 2003-2004 STATE FISCAL YEARS, 24 THE TREASURER OF ANY COUNTY WHO COLLECTS MONEY FOR AN AUTHORITY 25 THAT LEVIES PROPERTY TAXES SHALL PAY AN ELIGIBLE AUTHORITY, FROM 26 THE PAYMENTS RECEIVED UNDER THIS ACT, THE AMOUNT RECEIVED BY THE 27 ELIGIBLE AUTHORITY UNDER SUBSECTION (7) FOR THE 1997-1998 STATE who 05397'05 b RJA 1 FISCAL YEAR. 2 (C) FOR THE STATE FISCAL YEARS BEGINNING AFTER SEPTEMBER 30, 3 2004, THE TREASURER OF ANY COUNTY WHO COLLECTS MONEY FOR AN 4 AUTHORITY THAT LEVIES PROPERTY TAXES SHALL REMIT TO THE ELIGIBLE 5 AUTHORITY ANY PAYMENTS RECEIVED PURSUANT TO SECTION 11(6)(A)(U). 6 (D) School districts, intermediate school districts, community 7 college districts, vocational education districts, and special 8 education districts are not included under this section. 9 (9) The state treasurer may make a disbursement for a payment 10 under this section that has been delayed in advance of the date the 11 delayed payment is expected to be paid. 12 (10) Payments under this section to cities and villages shall 13 be made on or before October 31 and payments under this section to 14 counties and townships shall be made on or before February 28. 15 Enacting section 1. This amendatory act does not take effect 16 unless Senate Bill No. 965 17 of the 93rd Legislature is enacted into law. 05397'05 b Final Page RJA *16 Ruth Johnson, County Clerk Resolution #06016 January 19, 2006 Moved by KowaII supported by Moss to suspend the rules to bring Miscellaneous Resolution #06016 — BOARD OF COMMISSIONERS — SUPPORT OF LEGISLATION (SENATE BILL 965 AND SENATE BILL 966) TO RESTORE PARKS SYSTEMS' FUNDING AS A STATE OBLIGATION before the Board for immediate consideration. Vote on suspension: AYES: Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton. (25) NAYS: None. (0) A sufficient majority having voted in favor, Miscellaneous Resolution #06016 was before the Board. Moved by KowaII supported by Moss the resolution be adopted. AYES: Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. DOES NOT REQUIRE COUNTY EXECUTIVE ACTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 19, 2006, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 19th day of January, 2006.