Bill Text: MI HB4210 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Property tax; exemptions; businesses adversely impacted by major construction; establish additional exemption. Amends 1893 PA 206 (MCL 211.1 - 211.155) by adding sec. 7oo. TIE BAR WITH: HB 4211'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-10 - Printed Bill Filed 02/10/2011 [HB4210 Detail]
Download: Michigan-2011-HB4210-Introduced.html
HOUSE BILL No. 4210
February 9, 2011, Introduced by Rep. Haines and referred to the Committee on Tax Policy.
A bill to amend 1893 PA 206, entitled
"The general property tax act,"
(MCL 211.1 to 211.155) by adding section 7oo.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7oo. (1) For taxes levied after December 31, 2010, the
governing body of a local tax collecting unit may adopt a
resolution to exempt from the collection of taxes under this act
all real and personal property owned or leased by an eligible
business. The clerk of the local tax collecting unit shall notify
in writing the assessor of the local tax collecting unit in which
the eligible business is located and the legislative body of each
taxing unit that levies ad valorem property taxes in the local tax
collecting unit in which the eligible business is located. Before
acting on the resolution, the governing body of the local tax
collecting unit shall afford the assessor and a representative of
the affected taxing units an opportunity for a hearing.
(2) The exemption under this section is effective on the
December 31 immediately succeeding the adoption of the resolution
by the governing body of the eligible local assessing district and
shall continue in effect for a period specified in the resolution.
A copy of the resolution shall be filed with the state tax
commission.
(3) An eligible business may apply for an exemption under
subsection (1) by filing an affidavit with the local assessor and
the clerk of the local tax collecting unit within the time frame
prescribed by the state tax commission. The affidavit shall be in a
form prescribed by the state tax commission.
(4) If an exemption under this section is erroneously granted,
the tax rolls shall be corrected for the affected tax years. The
property that had been subject to that exemption shall be
immediately placed on the tax roll by the local tax collecting unit
if the local tax collecting unit has possession of the tax roll or
by the county treasurer if the county has possession of the tax
roll as though the exemption had not been granted. A corrected tax
bill shall be issued for the tax year being adjusted by the local
tax collecting unit if the local tax collecting unit has possession
of the tax roll or by the county treasurer if the county has
possession of the tax roll. If an owner pays the corrected tax bill
issued under this subsection within 60 days after the corrected tax
bill is issued, that owner is not liable for any penalty or
interest on the additional tax. If an owner pays a corrected tax
bill issued under this subsection more than 60 days after the
corrected tax bill is issued, the owner is liable for the penalties
and interest that would have accrued if the exemption had not been
granted from the date the taxes were originally levied.
(5) Real and personal property of an eligible business exempt
under this section is subject to the specific tax levied under the
adverse construction specific tax act.
(6) As used in this section:
(a) "Construction project" means a major infrastructure
construction project that has a planned duration of not less than 3
months in the first tax year in which construction begins and, for
any subsequent tax year, has a planned duration of not less than 2
months. Construction project does not include work performed on an
interstate highway.
(b) "Eligible business" means a business that owns real or
personal property subject to ad valorem taxes or a business that is
contractually responsible for the payment of ad valorem taxes on
real or personal property, which is or will be adversely impacted
by a construction project.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4211(request no.
00076'11 a) of the 96th Legislature is enacted into law.
