Monday, July 20, 2015

Change PA 236

Same principle. The Lansing legislature and governor.

Recently Wayne County transferred a judgment for $49 million to the tax bills of Wayne County taxpayers. The authorization they say comes from PA236 last amended three years before the Headlee amendment.  It is our contention that this was in error. Rather than fight this in court we have decided to permanently amend the statute to leave no doubt that this is illegal and bring it under the Headlee amendment without any doubt as to how the debt should be repaid.    
It is very difficult to identify as most people have escrow accounts and trust that payments for services received are what is being paid for from their taxes. This is a constant problem all across Michigan.

I am not an attorney and am asking for the assistance from those who are, for help with the correct wording.  I am also looking for legislators who would be willing to sponsor or cosponsor the legislation which ultimately requires that judgments come from the general fund of the local government or from voted funds under the restrictions of Headlee.  This might make it necessary to carry liability insurance or if self insured a catastrophic policy to safeguard  taxpayers. This is the my changed copy. Sugestions are appreciated.

600.6093 Recovery of judgment against township, village, city, or county.
Sec. 6093. (1) Whenever judgment is recovered against any township, village, or city, or against the trustees or common council, or officers thereof, in any action prosecuted by or against them in their name of office, the clerk of the court shall, on the application of the party in whose favor judgment is rendered, his attorney, executor, administrator, or assigns, make and deliver to the party so applying a certified transcript of the judgment, showing the amount and date thereof, with the rate of interest thereon, and of the costs as taxed under the seal of the court, if in a court having a seal. The party obtaining the certified transcript may file it with the supervisor of the township, if the judgment is against the township, or with the assessing officer or if the judgment is against a city or village. The supervisor or assessing officer receiving the certified transcript or transcripts of judgment shall proceed to assess the amount thereof with the costs and interests from the date of rendition of judgment to the time when the warrant for the collection thereof will expire.

The supervisor or assessing officer shall set forth in the warrant separately, stating the amount thereof and to whom payable, and it shall be returned in the same manner as other taxes.  The supervisor or assessing officer, at the time when he delivers the tax roll to the treasurer or collecting officer of any township, city, or village, shall deliver to the township clerk or to the clerk or recording officer of the city or, a statement in writing under his hand, setting forth in detail and separately the judgment stating the amount with costs and interest as herein provided, and to whom payable. The treasurer or collecting officer of the township, city, or village, shall  pay the judgment to the owner thereof or his attorney, on or before the date when the tax roll and warrant shall be returnable from the general fund budget, or funds authorized by the voters of the local unit of government, or insurance carried by the local unit of government.  If the local unit of government is self insured and the award is greater than funds set aside for such purposes, they are required to carry catastrophic insurance as a safeguard for the taxpayers. In case any supervisor, treasurer, or other assessing or collecting officer neglects or refuses to comply with any of the provisions of this section he shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than $1,000.00 and costs of prosecution, or imprisonment in the county jail for a period not exceeding 3 months, or by both fine and imprisonment in the discretion of the court. Nothing herein contained shall be construed to exclude other remedies given by law for the enforcement of the judgment.

(2) In any case where a judgment is recovered against a village which, by reason of holding no municipal elections, or for any other reason has no available assessing officer within the jurisdiction of the court wherein the judgment is rendered, the owner of the judgment or any person knowing the facts, acting on behalf of the owner, may make an affidavit showing that the village against which a judgment is pending and unsatisfied, has no available assessing officer within the jurisdiction, and file it with the clerk of the court wherein the judgment is written. The officer who makes the certified transcript shall attach thereto a copy of the affidavit, the correctness of which copy shall also be certified to in the certificate. Any party receiving the certified transcript of judgment and affidavit may file it with the supervisor of the township in which the village, having no assessing officer is located.

(3) When judgment is recovered against any county or the board of supervisors or any county officer in an action prosecuted by or against him in his name of office, the judgment unless reversed shall be paid from the general fund budget, voted funds or insurance.  If the local unit of government chooses to self insure they must also carry catastrophic insurance in case the award exceeds the amount set aside for such purposes as other county charges, and when collected shall be paid by the county treasurer to the person to whom the judgment has been adjudged upon the delivery of a proper voucher therefor.
History:   1961, Act 236, Eff. Jan. 1, 1963;    Am. 1974, Act 297, Eff. Apr. 1

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