Bill Text: MI HB5675 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Property tax: local community stabilization share; reimbursement to certain municipalities for lost property tax revenue due to homestead exemptions for certain disabled veterans; provide for. Amends sec. 17 of 2014 PA 86 (MCL 123.1357). TIE BAR WITH: HB 5674'20
Spectrum: Moderate Partisan Bill (Democrat 13-4)
Status: (Introduced - Dead) 2020-03-25 - Bill Electronically Reproduced 03/25/2020 [HB5675 Detail]
Download: Michigan-2019-HB5675-Introduced.html
HOUSE BILL NO. 5675
March 17, 2020, Introduced by Reps. Cambensy,
Sabo, Kennedy, Byrd, Gay-Dagnogo, Garza, Tyrone Carter, Yaroch, Leutheuser,
Cynthia Johnson, Sneller, Cherry, Hood, LaFave, Slagh, Jones and Whitsett
and referred to the Committee on Local Government and Municipal Finance.
A bill to amend 2014 PA 86, entitled
"Local community stabilization authority act,"
by amending section 17 (MCL 123.1357), as amended by 2018 PA 616.
the people of the state of michigan enact:
Sec. 17. (1) The legislature shall appropriate funds
for all of the following purposes:
(a) For fiscal year
2014-2015 and fiscal year 2015-2016, to the authority, an amount equal to all
debt loss for municipalities that are not a local school district, intermediate
school district, or tax increment finance authority, an amount equal to all
school debt loss for municipalities that are a local school district or
intermediate school district, and an amount equal to all tax increment small
taxpayer loss for municipalities that are a tax increment finance authority.
Funds appropriated under this subdivision for fiscal year 2015-2016 may be used
to pay a corrected tax increment small taxpayer exemption loss for 2014 if a
tax increment finance authority submits before June 1, 2016 a correction to a
report that was filed under section 16a before October 1, 2014.
(b) For fiscal years
after 2013-2014, to the department, an amount equal to the necessary expenses
incurred by the department in implementing this act.
(c) Beginning in fiscal
year 2019-2020 and each fiscal year thereafter, an amount sufficient to allow
the authority to continue exercising its powers, duties, functions, and
responsibilities under section 11(1)(b), including, for fiscal year 2019-2020,
an amount sufficient for the creation of a database.
(2) In fiscal year
2014-2015 and fiscal year 2015-2016, the authority shall distribute to
municipalities those funds appropriated under subsection (1)(a). However, in
fiscal year 2014-2015, if the authority is not able to make the distribution
under this subsection, the department shall make the distribution under this
subsection on behalf of the authority.
(3) For calendar years
2014 and 2015, the authority shall distribute local community stabilization
share revenue to each city in an amount determined by multiplying the sum of
the local community stabilization share revenue for the calendar years and the
amounts calculated under section 14(3)(e) and (f) by a fraction, the numerator
of which is that city's amount calculated under section 14(3)(d) and the
denominator of which is the total amount calculated under section 14(3)(d), and
subtracting from the result each city's amounts calculated under section
14(3)(e) and (f).
(4) Beginning for
calendar year 2016, the authority shall distribute local community
stabilization share revenue as follows in the following order of priority:
(a) The authority shall
distribute to each municipality an amount equal to all of the following:
(i) 100% of that municipality's school debt loss in the current
year as calculated under section 13(4) and 100% of its amount calculated under
section 15.
(ii) 100% of that
municipality's amount calculated under section 16.
(iii) 100% of that
municipality's school operating loss not reimbursed by the school aid fund in
the current year, calculated by multiplying the operating millage rate reported
under section 13(4) or the operating millage rate calculated under section
13(5) by the local school district's personal property exemption loss for the
personal property subject to the respective millage reimbursed under this
subparagraph.
(iv) 100% of the
amount calculated in section 14(2). For calendar years 2016 and 2017 only,
however, the amount distributed to a municipality under this subparagraph shall
not exceed the amount calculated in section 14(1)(d). For all calendar years,
all distributions under this subparagraph shall be used to fund essential
services.
(v) For a
municipality that is a tax increment finance authority, 100% of its amount
calculated under section 16a(2), as confirmed or adjusted by the department.
For calculations made under section 16a(2), as modified by section 16b(2), in
calendar years 2016 and 2017 only, amounts claimed for increased captured value
shall be included as claimed.
(vi) 100% of that
municipality's amount calculated under section 14(4).
(vii) Beginning for
calendar year 2019, for municipalities with state facilities under 1977 PA 289,
MCL 141.951 to 141.956, 100% of the amount calculated under 1977 PA 289, MCL
141.951 to 141.956. The department of licensing and regulatory affairs shall
certify to the department and the authority the amount to be paid to each
municipality under this subparagraph.
(viii) Beginning for
calendar year 2019, for municipalities that incur certain reasonable and
allowable costs of required and allowable health services described in section
2475 of the public health code, 1978 PA 368, MCL 333.2475, $10,000,000.00 of
those costs not otherwise reimbursed pursuant to section 2475 of the public
health code, 1978 PA 368, MCL 333.2475, or other appropriation. The department
of health and human services shall certify to the department and the authority
the amount to be paid to each municipality under this subparagraph.
(ix) Subject to section 7b(3) of the general
property tax act, 1893 PA 206, MCL 211.7b, beginning for calendar year 2020,
for municipalities that incur a loss of property tax revenue due to exemptions
under section 7b of the general property tax act, 1893 PA 206, MCL 211.7b, 100%
of the amount of those losses. The department shall certify to the authority
the amount to be paid to each municipality under this subparagraph.
(b) Beginning for calendar year 2021, after the distributions
under subdivision (a), and subject to subparagraph (viii), the authority
shall distribute an amount equal to 10% of the total qualified loss for the
current calendar year to each municipality that is not a local school district,
intermediate school district, or tax increment finance authority in an amount
determined as follows:
(i) Calculate the
total acquisition cost of all eligible personal property in the municipality.
(ii) Multiply the
result of the calculation in subparagraph (i) by each individual
millage levied by the municipality as calculated under section 13(5) that is
not used to calculate a distribution under subdivision (a)(i) to (iv).
(iii) Divide the sum of
the amounts calculated under subparagraph (ii) for all
municipalities subject to the calculation by total qualified loss.
(iv) Multiply the
result of the calculation in subparagraph (iii) by the difference
between the amount calculated under section 16a(2) for captured taxes for each
individual millage levied by the municipality not including taxes attributable
to increased captured value and the subtraction amounts calculated under
section 14(2)(d), (2)(f), and (4)(d) for that millage.
(v) Subtract from the
amount calculated under subparagraph (ii) the amount
calculated under subparagraph (iv) for the
individual millage levied.
(vi) Divide the result
of the calculation in subparagraph (v) by the sum of the
calculation under subparagraph (v) for all millages
for all municipalities.
(vii) Multiply the
result of the calculation in subparagraph (vi) by the amount to
be distributed under this subdivision.
(viii) For calendar year
2022, and each calendar year thereafter, the percentage amount described in
this subdivision shall be increased an additional 10% each year, not to exceed
100%.
(c) For calendar years 2016 and 2017, after the distributions
in subdivision (a), the authority shall distribute the remaining balance of the
local community stabilization share fund for a calendar year to each
municipality in an amount determined by multiplying the remaining balance by a
fraction, the numerator of which is that municipality's qualified loss and the
denominator of which is the total qualified loss. Beginning for calendar year
2018, after the distributions in subdivisions (a) and (b), the authority shall
distribute local community stabilization share revenue under this subdivision
to each municipality in an amount determined by multiplying total qualified
loss minus the total amount distributed in subdivision (b) for a calendar year
by a fraction, the numerator of which is that municipality's qualified loss and
the denominator of which is the total qualified loss.
(d) After the distributions under subdivisions (a) to (c),
beginning for calendar year 2018, the department shall adjust the amounts
calculated under subdivisions (b) and (c) for a municipality that is a county,
township, village, city, or community college district by the amount of any
overpayment to that municipality under those subdivisions for that calendar
year and the authority shall distribute the following:
(i) To a
municipality, the amount of any underpayment calculated under subsection (5)
for calendar years after 2016.
(ii) For calendar year
2018 only, a total of $13,600,000.00 to municipalities with state facilities
under 1977 PA 289, MCL 141.951 to 141.956. The department of licensing and
regulatory affairs shall certify to the department the amount to be paid to
each municipality under this subparagraph.
(e) Except as otherwise provided in this subdivision, after
the distributions under subdivisions (a) to (d), the authority shall distribute
the remaining balance of the local community stabilization share fund for the
calendar year to each municipality that is a county, township, village, city,
or community college district in an amount determined by multiplying the
remaining balance by a fraction, the numerator of which is the sum of that
municipality's amount received under subdivisions (b), (c), and (d), only to
the extent that the distribution under subdivision (d) is for an underpayment
of the current calendar year's subdivision (b) or (c) amount, and the
overpayment adjustment under subdivision (d), and the denominator of which is
the sum of the total amount distributed to all counties, townships, villages,
cities, and community college districts under subdivisions (b), (c), and (d),
only to the extent that the distribution under subdivision (d) is for an
underpayment of the current calendar year's subdivision (b) or (c) amount, and
the total overpayment adjustments for all counties, townships, villages,
cities, and community college districts under subdivision (d). For any
municipality that, in total, was overpaid under subdivisions (a), (b), and (c),
the distribution under this subdivision, which for purposes of this calculation
for any municipality other than a county, township, village, city, or community
college district shall be $0, shall be reduced by any positive amount
determined by subtracting the corrected amounts under subdivisions (a) to (c) for
that municipality from the distributed amounts under subdivisions (a) to (c)
for that municipality and subtracting $10,000.00. If the resulting distribution
amount is negative, the municipality has been overpaid for the year by the
amount of the negative balance. The municipality shall pay to the authority the
amount of the overpayment in 3 equal annual payments, due by September 20 1
year following notice of the overpayment and by September 20 of the subsequent
2 years. A municipality may pay the amount of the overpayment at any time
during the 3-year period. If a municipality fails to repay the amount of the
overpayment as provided in this subdivision, the authority shall add interest
to the entire amount of the original overpayment from the date of notice of the
overpayment and may reduce subsequent distributions to the municipality under
this section to recover the outstanding balance of the overpayment and
interest. Interest added under this subdivision shall be at the rate determined
under section 23 of 1941 PA 122, MCL 205.23. Any overpayment amounts repaid to
the authority under this subdivision by September 30 of each year shall be
added to the local community stabilization share revenue available for
distribution for the calendar year. If reductions to distributions calculated
under this section result in the authority having a year-end balance of local
community stabilization share revenue, that revenue shall be added to the local
community stabilization share revenue available for distribution for the
subsequent calendar year.
(5) The department and authority shall administer
overpayments and underpayments as follows:
(a) For calendar years before 2016, if a municipality
received an overpayment under this section due to an error in reporting or calculation,
the authority may reduce a subsequent payment to the municipality or bill the
municipality to recover the overpayment.
(b) Before November 7, 2017, the department shall recalculate
2016 payments to correct any errors in reporting under section 13(3) or (4) and
any calculation errors made by the department, and adjust the 2017 payment to
each municipality for any change in its 2016 payment.
(c) For calendar year 2018, for any errors in reporting under
section 13(3) or (4) in calendar year 2017 or 2018, any calculation errors made
by the department in calendar year 2017 or 2018, or any prior year error
adjustment used in the calculation of the calendar year 2017 distributions,
that resulted in an underpayment or overpayment under this section to a municipality
for the prior calendar year or current calendar year, the department shall
calculate the amount of underpayment or overpayment. For each municipality, the
department shall add together the calendar year 2016 and calendar year 2017
underpayment and overpayment amounts. If a municipality has a net underpayment
for calendar years 2016 and 2017, the amount of the net underpayment shall be
added to the calendar year 2018 underpayment or overpayment amount for that
municipality. If a municipality has a net overpayment for calendar years 2016
and 2017, the amount of the net overpayment shall be excused by the authority
and shall not be added to the calendar year 2018 underpayment or overpayment
amount for that municipality. The following apply to determining underpayment
or overpayment amounts:
(i) For calendar year
2016, the underpayment or overpayment of a municipality's qualified loss shall
be calculated by multiplying the municipality's qualified loss by 261.3820%.
(ii) For calendar year
2017, the underpayment or overpayment of a municipality's qualified loss shall
be calculated by multiplying the municipality's qualified loss by 292.4677%.
(d) Beginning for calendar year 2019, for any errors in
reporting under section 13(3) or (4), and for any calculation errors made by
the department, that resulted in an underpayment or overpayment under this
section to a municipality for the current calendar year, the department shall
calculate the amount of underpayment or overpayment. A calculation made under this
subdivision shall not recalculate a prior year payment.
(e) Except as provided in subsection (6), any underpayment
shall be paid to the municipality as provided in subsection (4)(d). Any
underpayment amount determined by the department to be the fault of that
municipality, by either the municipality reporting inaccurate information or
filing information after the reporting due dates, shall not be included in any
payment made under subsection (4)(d) or (6).
(f) For any overpayment for which the state treasurer
determines that the municipality was at fault and acted in bad faith, the
department may calculate the amount of the overpayment for all years to which
the bad faith applied without any adjustment and the municipality shall
immediately repay the amount of the overpayment and interest to the authority
within 30 days following notice of the overpayment. If a municipality fails to
repay the amount of the overpayment and interest to the authority, the
authority shall reduce subsequent payments to the municipality under this
section to recover the outstanding balance of the overpayment and interest.
Interest added under this subsection shall be at the rate determined under
section 23 of 1941 PA 122, MCL 205.23. Any overpayment amounts repaid to the
authority under this subsection by September 30 of each year shall be added to
the local community stabilization share revenue available for distribution for
the calendar year. Any reduction of subsequent payments due to municipalities
failing to repay the amount of the overpayment and interest shall be added to
the local community stabilization share revenue available for distribution for
the subsequent calendar year.
(6) If a municipality received an underpayment under this
section of $500,000.00 or more for calendar year 2017 due to an error in
reporting under section 13(3) or (4), or a calculation error made by the
department, including a prior year error adjustment used in the calculation of
the calendar year 2017 distributions, the municipality may notify the department
of any errors identified by providing substantiating documentation to support
an adjustment to the payment amount by August 1, 2018. Upon the department's
review of the substantiating documentation and verification of the errors, the
department shall calculate an underpayment amount in accordance with subsection
(5)(c). The underpayment amount shall be calculated using the appropriate
proration factor provided for under subsection (5)(c). The department shall
determine if the substantiating documentation is sufficient. The department
shall notify the authority to make an advance 2018 payment to the municipality
for the amount of the 2017 underpayment. The advance payment shall be deducted
from the municipality's payment for calendar year 2018 that includes the
distribution under subsection (4)(d).
(7) For payments received beginning October 20, 2018, a
municipality shall do all of the following:
(a) Allocate payments received, up to 100% reimbursement,
under this section based on the portion of the municipality's payment
attributable to each millage levied by the municipality. The portion of the
payment allocated to each millage other than the general operating millage
shall be considered restricted and recorded by the municipality in the same manner
as the millage levied. As used in this subsection, "100%
reimbursement" means the amounts received under subsection (4)(a)(i) to (vi), (b), (c), and
(d)(i), only to the extent that the distribution under subsection
(4)(d)(i) is for an underpayment of the current
calendar year's subsection (4)(a)(i) to (vi), (b), or (c) amount.
(b) For millage levied by a county under section 20b of 1909
PA 283, MCL 224.20b, the governing bodies of the cities and villages in the
county and the board of county road commissioners shall agree to a formula that
allocates a portion of the payments under this section to each city and village
based on the city and village share of the losses and acquisition cost used to
calculate the payment to the county described in this subdivision and each
city's and village's portion of that share. The formula once established will
be in effect until the effective date of any subsequent agreement. If the
governing bodies of the cities and villages and the board of county road
commissioners described in this subdivision do not agree on a formula by March
31 following the receipt of the subsection (8)(b) payment, the department may
prescribe a formula for allocating the payments under this section.
(c) Payments under this section, except for the payments
under subsection (4)(a)(vii) and (viii) and subsection (4)(d)(ii), to a
municipality that is participating in an intergovernmental conditional transfer
by contract under 1984 PA 425, MCL 124.21 to 124.30, or any other interlocal
agreement that provides for a millage-based sharing of revenue, shall be
allocated between the parties based on the proportionate share of the payment
as it is attributable to the area subject to the agreement.
(8) The authority shall make the payments required by
subsection (3) not later than June 20, 2016, payments required by subsection
(6) not later than October 20, 2018, and payments required by subsection (4)
not later than on the following dates:
(a) Except as provided in subdivision (d), for county
allocated millage, November 20, 2017, and thereafter October 20 of the year the
millage is levied.
(b) Except as provided in subdivision (d), for county
extra-voted millage, township millage, and other millages levied 100% in
December of a year, February 20 of the following year.
(c) Except as provided in subdivision (d), for other
millages, November 20, 2017, and thereafter October 20 of the year the millage
is levied.
(d) For payment under subsection (4)(d)(i) and (e), May 20 of the year following the calendar year for
which the payments are calculated.
(e) For payment under subsection (4)(d)(ii), November 30, 2018, and for payment under subsection
(4)(a)(vii) and (viii), November 30
every year.
(9) If the authority has insufficient funds to make the
payments on the dates required in subsection (8), the department shall advance
to the authority the amount necessary for the authority to make the required
payments. The authority shall repay the advance to the department from the
local community stabilization share.
(10) For each fiscal year from fiscal year 2015-2016 through
fiscal year 2018-2019, the authority may use up to $300,000.00 of the local
community stabilization share revenue for purposes consistent with implementing
and administering this act. For each fiscal year after fiscal year 2018-2019,
the authority may use, for purposes consistent with implementing and
administering this act, local community stabilization share revenue up to the
amount of local community stabilization share revenue authorized for use under
this subsection for the prior fiscal year multiplied by 1.01.
(11) The authority shall distribute local community
stabilization share revenue under this section as follows:
(a) From fiscal year 2015-2016 local community stabilization
share revenue, $19,200,000.00 for calendar years 2014 and 2015 and
$76,900,000.00 for calendar year 2016.
(b) From fiscal year 2016-2017 local community stabilization
share revenue, $297,400,000.00 for calendar year 2016 and $83,200,000.00 for
calendar year 2017.
(c) From fiscal year 2017-2018 local community stabilization
share revenue, $321,500,000.00 for calendar year 2017 and $89,000,000.00 for
calendar year 2018.
(d) From fiscal year 2018-2019 local community stabilization
share revenue, $341,800,000.00 for calendar year 2018 and $95,900,000.00 for
calendar year 2019.
(e) From fiscal year 2019-2020 local community stabilization
share revenue, $364,500,000.00 for calendar year 2019 and $101,400,000.00 for
calendar year 2020.
(f) From fiscal year 2020-2021 local community stabilization
share revenue, $383,500,000.00 for calendar year 2020 and $108,000,000.00 for
calendar year 2021.
(g) From fiscal year 2021-2022 local community stabilization
share revenue, $405,700,000.00 for calendar year 2021 and $115,600,000.00 for
calendar year 2022.
(h) From fiscal year 2022-2023 local community stabilization
share revenue, $428,300,000.00 for calendar year 2022 and $119,700,000.00 for
calendar year 2023.
(i) From fiscal year 2023-2024 local community stabilization
share revenue, $438,900,000.00 for calendar year 2023 and $122,800,000.00 for
calendar year 2024.
(j) From fiscal year 2024-2025 local community stabilization
share revenue, $445,800,000.00 for calendar year 2024 and $124,000,000.00 for
calendar year 2025.
(k) From fiscal year 2025-2026 local community stabilization
share revenue, $447,100,000.00 for calendar year 2025 and $124,300,000.00 for
calendar year 2026.
(l) From fiscal year
2026-2027 local community stabilization share revenue, $447,700,000.00 for
calendar year 2026 and $124,500,000.00 for calendar year 2027.
(m) From fiscal year 2027-2028 local community stabilization
share revenue, $448,000,000.00 for calendar year 2027 and $124,600,000.00 for
calendar year 2028.
(n) From the local community stabilization share revenue for
fiscal year 2028-2029 and each fiscal year thereafter, the authority shall
increase the prior fiscal year's 2 distribution amounts under this subsection
by the personal property growth factor, the first amount for the calendar year
in which the fiscal year begins and the second amount for the calendar year in
which the fiscal year ends. As used in this subdivision, "personal
property growth factor" means that term as defined in section 2c of the
use tax act, 1937 PA 94, MCL 205.92c.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5674 (request no. 00567'19 *) of the 100th Legislature is enacted into law.
