HomeMy WebLinkAboutResolutions - 2007.10.18 - 9329MISCELLANEOUS RESOLUTION #07237 October 18, 2007
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION -
CONCURRENCE OF OAKLAND COUNTY BOARD OF COMMISSIONERS WITH COUNTY
EQUALIZATION MANAGER TO ELECT TO AUDIT HOMESTEAD EXEMPTIONS UNDER THE
PROVISIONS OF PUBLIC ACT 105 OF 2003, MCL 211,7cc(10)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Legislature created a homestead exemption audit program in Public Act 105 of
2003 in order to generate revenue for Michigan school districts; and
WHEREAS Public Act 105 allows counties to deny improper homestead exemptions and pays counties
for the work involved in reviewing homestead exemptions; and
WHEREAS PA 103 of 2003 imposes interest of 1- 1/4 per cent per month on denied homestead
exemptions, and earmarks that interest to townships/cities, counties, and the Department of Treasury with
seventy percent (70%) of the interest going to the entity that denies the exemption with the other entities
sharing the remaining interest; and
WHEREAS under prior law, county officials could not deny any homestead exemptions and assessors
could not deny prior year exemptions but under PA 105 of 2003, county equalization directors and county
treasurers now have the same authority as Treasury to deny exemptions for the current year and three
prior years, if the county chooses to accept this authority; and
WHEREAS the election by County Equalization Manager (who functions as the County's Equalization
Director) to audit homestead exemptions under the provisions of PA 105 of 2003 needs the concurrence
by resolution of the County Board of Commissioners; and
WHEREAS by MISCELLANEOUS RESOLUTION #03253 the Oakland County Board of Commissioners
initially authorized the Oakland County Equalization Manager to elect to audit homestead exemptions
under the provisions of PA 105 of 2003; and
WHEREAS under the provisions of PA 105 of 2003 after an initial election to audit homestead exemptions
is made, subsequent elections to audit homestead exemptions must be made every two (2) years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby renews
its authorization to the Oakland County Equalization Manager to elect to audit homestead exemptions
under the provisions of PA 105 of 2003.
BE IT FURTHER RESOLVED that in order to accomplish the election to audit and the audit of homestead
exemptions the Oakland County Equalization Manager is authorized to execute the documents entitled
"County Election to Audit Principal Residence Exemptions" and "Exchange Agreement Between The
Michigan Department of Treasury and Oakland County Michigan" that are attached hereto.
BE IT FURTHER RESOLVED that the special revenue fund established by MISCELLANEOUS
RESOLUTION #03253 to record all expenditures incurred, and revenue received, as a result of
homestead exemptions audits be continued.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
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FINANCE COMMITTEE ( ‘..-1-- -- 1 e-x "ii-4,1-11--- -71,41714.4.446-70"i
Motion carried unanimously on a roll call vote with Zack and Crawford absent.
Resolution #07237 October 18, 2007
Moved by Long supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted.
AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
I HEREBY APPROVE THE FOREGOING RESOUITION
ACM PURSUANT TO 1973 PA 139
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 October 18, 2007,
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 18th day of October, 2007.
I
Ruth" Johns° v, County Clerk