Bill Text: MI HB4541 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Economic development; obsolete property and rehabilitation; application approval for previous tax year; allow under certain circumstances. Amends sec. 6 of 2000 PA 146 (MCL 125.2786).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-09-25 - Assigned Pa 115'13 With Immediate Effect [HB4541 Detail]
Download: Michigan-2013-HB4541-Introduced.html
HOUSE BILL No. 4541
April 11, 2013, Introduced by Rep. Kelly and referred to the Committee on Tax Policy.
A bill to amend 2000 PA 146, entitled
"Obsolete property rehabilitation act,"
by amending section 6 (MCL 125.2786), as amended by 2011 PA 272.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Not more than 60 days after receipt of a copy of
the application and resolution adopted under section 5, the
commission shall approve or disapprove the resolution.
(2) Following approval of the application by the legislative
body of the qualified local governmental unit and the commission,
the commission shall issue to the applicant an obsolete property
rehabilitation exemption certificate in the form the commission
determines, which shall contain all of the following:
(a) A legal description of the real property on which the
obsolete facility is located.
(b) A statement that unless revoked as provided in this act
the certificate shall remain in force for the period stated in the
certificate.
(c) A statement of the taxable value of the obsolete property,
separately stated for real and personal property, for the tax year
immediately preceding the effective date of the certificate after
deducting the taxable value of the land and personal property other
than personal property assessed pursuant to sections 8(d) and 14(6)
of the general property tax act, 1893 PA 206, MCL 211.8 and 211.14.
(d) A statement of the period of time authorized by the
legislative body of the qualified local governmental unit within
which the rehabilitation shall be completed.
(e) If the period of time authorized by the legislative body
of the qualified local governmental unit pursuant to subdivision
(d) is less than 12 years, the exemption certificate shall contain
the factors, criteria, and objectives, as determined by the
resolution of the qualified local governmental unit, necessary for
extending the period of time, if any.
(3) Except as otherwise provided in this section, the
effective date of the certificate is the December 31 immediately
following the date of issuance of the certificate.
(4) The commission shall file with the clerk of the qualified
local governmental unit a copy of the obsolete property
rehabilitation exemption certificate, and the commission shall
maintain a record of all certificates filed. The commission shall
also send, by certified mail, a copy of the obsolete property
rehabilitation exemption certificate to the applicant and the
assessor of the local tax collecting unit in which the obsolete
property is located.
(5) Notwithstanding any other provision of this act, if a
qualified local governmental unit passed a resolution approving an
application for an obsolete property rehabilitation exemption
certificate on November 5, 2008 for a rehabilitated facility
located in an obsolete property rehabilitation district established
on January 29, 2003 with rehabilitation commencing on July 24,
2007, the effective date of the certificate shall be December 31,
2008.
(6) If an error or mistake in an application for an obsolete
property rehabilitation exemption certificate is discovered after
the legislative body of the qualified local governmental unit has
approved the application or after the commission has issued a
certificate for the application, an applicant may submit an amended
application in the same manner as an original application under
section 4 that corrects the error or mistake. Pursuant to sections
5 and 6, the legislative body of the qualified local governmental
unit and the commission may approve or deny the amended
application. If the commission previously issued a certificate for
the original application and approves an amended application under
this subsection, the commission shall issue an amended certificate
for the amended application pursuant to section 6 with the same
effective date as the original certificate.
(7) If the clerk of the qualified local governmental unit
failed to forward an application that was approved by the
legislative body of the qualified local governmental unit before
October 1 of that year to the commission before October 1 but filed
the application before March 30 of the immediately succeeding year
and the commission approves the application, notwithstanding any
other provision of this act, the certificate shall be considered to
be issued on December 30 in the year in which the qualified local
governmental unit approved the application.
