HOUSE BILL No. 4238

 

February 24, 2015, Introduced by Reps. Theis, Lucido, Bizon, Cox, Chatfield, Barrett, Leutheuser, Runestad, Aaron Miller, Vaupel, Lyons, Somerville, Derek Miller, Chang, Tedder, Sheppard, Glenn, Hughes, Hooker, Pagel, Faris, Franz, Rutledge, Plawecki, Hoadley, Crawford, Cole, Yonker, Garcia and Sarah Roberts and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1893 PA 206, entitled

 

"The general property tax act,"

 

by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7b. (1) Real property used and owned as a homestead by a

 

disabled veteran who was discharged from the armed forces of the

 

United States under honorable conditions or by an individual

 

described in subsection (2) is exempt from the collection of taxes

 

under this act. To obtain the exemption, the property owner or his

 

or her legal designee shall file an affidavit showing the facts

 

required by this section and a description of the real property

 

shall be filed by the property owner or his or her legal designee

 

with the supervisor or other assessing officer during the period

 

beginning with the tax day for each year and ending at the time of

 

the final adjournment of the local board of review. The affidavit

 


when filed shall be open to inspection. The county treasurer shall

 

cancel taxes subject to collection under this act for any year in

 

which a disabled veteran eligible for the exemption under this

 

section has acquired title to real property exempt under this

 

section. Upon granting the exemption under this section, each local

 

taxing unit shall bear bears the loss of its portion of the taxes

 

upon which the exemption has been granted.

 

     (2) If a disabled veteran who is otherwise eligible for the

 

exemption under this section dies, either before or after the

 

exemption under this section is granted, the exemption shall remain

 

remains available to or shall continue continues for his or her

 

unremarried surviving spouse. The surviving spouse shall comply

 

with the requirements of subsection (1) and shall indicate on the

 

affidavit that he or she is the surviving spouse of a disabled

 

veteran entitled to the exemption under this section. The exemption

 

shall continue continues as long as the surviving spouse remains

 

unremarried.

 

     (3) Real property is exempt from the collection of taxes under

 

this act if that real property is used and owned as a homestead by

 

an unremarried surviving spouse of a Michigan veteran who died from

 

service-connected causes while serving in the armed forces of the

 

United States in a war or war condition in which the United States

 

was a participant. To obtain the exemption, the property owner or

 

his or her legal designee shall file an affidavit showing the facts

 

required by this section and a description of the real property

 

with the supervisor or other assessing officer during the period

 

beginning with the tax day for each year and ending at the time of

 


the final adjournment of the local board of review. The affidavit

 

when filed shall be open to inspection. The county treasurer shall

 

cancel taxes subject to collection under this act for any year in

 

which the individual eligible for the exemption under this section

 

has acquired title to real property exempt under this section. Upon

 

granting the exemption under this section, each local taxing unit

 

bears the loss of its portion of the taxes upon which the exemption

 

has been granted. The exemption continues as long as the surviving

 

spouse remains unremarried.

 

     (4) (3) As used in this section: , "disabled

 

     (a) "Armed forces of the United States" means the armed forces

 

of the United States and their reserve components.

 

     (b) "Disabled veteran" means a person who is a resident of

 

this state and who meets 1 of the following criteria:

 

     (i) (a) Has been determined by the United States department of

 

veterans affairs to be permanently and totally disabled as a result

 

of military service and entitled to veterans' benefits at the 100%

 

rate.

 

     (ii) (b) Has a certificate from the United States veterans'

 

administration, or its successors, certifying that he or she is

 

receiving or has received pecuniary assistance due to disability

 

for specially adapted housing.

 

     (iii) (c) Has been rated by the United States department of

 

veterans affairs as individually unemployable.

 

     (c) "Michigan veteran" means an individual who, immediately

 

before death, served in the armed forces of the United States and

 

was a legal resident of this state.