HB-4327, As Passed House, December 12, 2013HB-4327, As Passed Senate, December 12, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4327

 

February 26, 2013, Introduced by Rep. Farrington and referred to the Committee on Commerce.

 

     A bill to amend 2005 PA 280, entitled

 

"Corridor improvement authority act,"

 

by amending section 2 (MCL 125.2872), as amended by 2012 PA 229.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Advance" means a transfer of funds made by a municipality

 

to an authority or to another person on behalf of the authority in

 

anticipation of repayment by the authority. Evidence of the intent

 

to repay an advance may include, but is not limited to, an executed

 

agreement to repay, provisions contained in a tax increment

 

financing plan approved prior to the advance, or a resolution of

 

the authority or the municipality.

 

     (b) "Assessed value" means the taxable value as determined

 

under section 27a of the general property tax act, 1893 PA 206, MCL

 

211.27a.

 

     (c) "Authority" means a corridor improvement authority created


 

under section 4(1) or a joint authority created under section 4(2).

 

     (d) "Board" means the governing body of an authority.

 

     (e) "Business district" means an area of a municipality zoned

 

and used principally for business.

 

     (f) "Captured assessed value" means the amount in any 1 year

 

by which the current assessed value of the development area,

 

including the assessed value of property for which specific local

 

taxes are paid in lieu of property taxes as determined in section

 

3(d), 3(e), exceeds the initial assessed value. The state tax

 

commission shall prescribe the method for calculating captured

 

assessed value.

 

     (g) "Chief executive officer" means the mayor of a city, the

 

president of a village, or the supervisor of a township.

 

     (h) "Development area" means that area described in section 5

 

to which a development plan is applicable.

 

     (i) "Development plan" means that information and those

 

requirements for a development area set forth in section 21.

 

     (j) "Development program" means the implementation of the

 

development plan.

 

     (k) "Fiscal year" means the fiscal year of the authority.

 

     (l) "Governing body" or "governing body of a municipality"

 

means the elected body of a municipality having legislative powers

 

or, for a joint authority created under section 4(2), the elected

 

body of each municipality having legislative powers that is a

 

member of the joint authority.

 

     (m) "Initial assessed value" means the assessed value, as

 

equalized, of all the taxable property within the boundaries of the


 

development area at the time the resolution establishing or

 

amending the tax increment financing plan is approved, as shown by

 

the most recent assessment roll of the municipality for which

 

equalization has been completed at the time the resolution is

 

adopted. The initial assessed value may be modified once during the

 

term of the tax increment financing plan through an amendment as

 

provided in section 18(4) after the tax increment financing plan

 

fails to generate captured assessed value for 3 consecutive years

 

due to declines in assessed value. Property exempt from taxation at

 

the time of the determination of the initial or amended assessed

 

value shall be included as zero. For the purpose of determining

 

initial or amended assessed value, property for which a specific

 

local tax is paid in lieu of a property tax shall not be considered

 

to be property that is exempt from taxation. The initial assessed

 

value of property for which a specific local tax was paid in lieu

 

of a property tax shall be determined as provided in section

 

3(d).3(e).

 

     (n) "Land use plan" means a plan prepared under former 1921 PA

 

207, former 1943 PA 184, or a site plan under the Michigan zoning

 

enabling act, 2006 PA 110, MCL 125.3101 to 125.3702.

 

     (o) "Municipality" means 1 of the following:

 

     (i) A city.

 

     (ii) A village.

 

     (iii) A township.

 

     (iv) A combination of 2 or more cities, villages, or townships

 

acting jointly under a joint authority created under section 4(2).