HOUSE BILL No. 4820

 

 

June 28, 2011, Introduced by Rep. Wayne Schmidt and referred to the Committee on Commerce.

 

     A bill to amend 2000 PA 146, entitled

 

"Obsolete property rehabilitation act,"

 

by amending section 6 (MCL 125.2786), as amended by 2010 PA 137.

 

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) Notwithstanding any other provision of this act, if the

 

commission issued an obsolete property rehabilitation exemption

 

certificate on September 20, 2010 for a rehabilitated facility

 

located in an obsolete property rehabilitation district established

 

on January 23, 2003, an owner of that rehabilitated facility may

 

submit an amended application in the same manner as the original

 

application to the clerk of the qualified local governmental unit

 

that established the obsolete property rehabilitation district. The

 

amended application may be revised to cover 1 or more units in a

 

multipurpose structure that was included in the original

 

application. If the legislative body of the qualified local

 

governmental unit and the commission approve the amended

 

application under this act, the commission shall issue a revised

 

certificate that includes those units with an effective date of

 

December 31, 2008.