HOUSE BILL No. 4369

 

February 22, 2005, Introduced by Reps. Amos, Taub and Garfield and referred to the Committee on Commerce.

 

     A bill to provide for the establishment of commercial

 

rehabilitation districts in certain local governmental units; to

 

provide for the exemption from certain taxes; to levy and collect a

 

specific tax upon the owners of certain qualified facilities; to

 

provide for the disposition of the tax; to reimburse certain

 

expenses; to provide for the obtaining and transferring of an

 

exemption certificate and to prescribe the contents of those

 

certificates; to prescribe the powers and duties of certain local

 

governmental officials; and to provide penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"commercial rehabilitation act".

 

     Sec. 2. As used in this act:

 

     (a) "Commercial property" means land improvements classified


 

by law for general ad valorem tax purposes as real property

 

including real property assessable as personal property pursuant to

 

sections 8(d) and 14(6) of the general property tax act, 1893 PA

 

206, MCL 211.8 and 211.14, the primary purpose and use of which is

 

the operation of a commercial business enterprise. Commercial

 

property shall also include facilities related to a commercial

 

business enterprise under the same ownership at that location,

 

including, but not limited to, office, engineering, research and

 

development, warehousing, parts distribution, retail sales, and

 

other commercial activities. Commercial property also includes a

 

building or group of contiguous buildings previously used for

 

industrial purposes that will be converted to the operation of a

 

commercial business enterprise. Commercial property does not

 

include any of the following:

 

     (i) Land.

 

     (ii) Property of a public utility.

 

     (b) "Commercial rehabilitation district" or "district" means

 

an area not less than 75 acres in size of a qualified local

 

governmental unit established as provided in section 3.

 

     (c) "Commercial rehabilitation exemption certificate" or

 

"certificate" means the certificate issued under section 6.

 

     (d) "Commercial rehabilitation tax" means the specific tax

 

levied under this act.

 

     (e) "Commission" means the state tax commission created by

 

1927 PA 360, MCL 209.101 to 209.107.

 

     (f) "Department" means the department of treasury.

 

     (g) "Qualified facility" means a building or group of


 

contiguous buildings of commercial property consisting of 1,000,000

 

or more square feet of space which is 30% or more vacant. A

 

qualified facility does not include property that is to be used as

 

a professional sports stadium. A qualified facility does not

 

include property that is to be used as a casino. As used in this

 

subdivision, "casino" means a casino or a parking lot, hotel,

 

motel, or retail store owned or operated by a casino, an affiliate,

 

or an affiliated company, regulated by this state pursuant to the

 

Michigan gaming control and revenue act, the Initiated Law of 1996,

 

MCL 432.201 to 432.226.

 

     (h) "Qualified facility expenses" means roof repair and

 

replacement, HVAC repair and replacement, including boilers and

 

chillers, and facade repairs and improvements. Qualified facility

 

expenses do not include construction of new walls or facilities or

 

the roof and operating systems required to service new facilities.

 

     (i) "Qualified infrastructure expenses" means roads,

 

utilities, parking lot repair and replacement, landscaping,

 

exterior lighting, irrigation, sidewalks, traffic signals, curbs

 

and gutters, storm drain systems, signage, and similar items.

 

     (j) "Qualified local governmental unit" means a city, village,

 

or township.

 

     (k) "Rehabilitation" means changes to obsolete property other

 

than replacement that are required to restore or modify the

 

property, together with all appurtenances, to an economically

 

efficient condition. Rehabilitation includes major renovation and

 

modification including, but not necessarily limited to, the

 

improvement of floor loads, correction of deficient or excessive


 

height, new or improved fixed building equipment, including

 

heating, ventilation, and lighting, reducing multistory facilities

 

to 1 or 2 stories, improved structural support including

 

foundations, improved roof structure and cover, floor replacement,

 

improved wall placement, improved exterior and interior appearance

 

of buildings, and other physical changes required to restore or

 

change the obsolete property to an economically efficient

 

condition. Rehabilitation shall not include improvements

 

aggregating less than 10% of the true cash value of the property at

 

commencement of the rehabilitation of the obsolete property.

 

     (l) "Taxable value" means the value determined under section

 

27a of the general property tax act, 1893 PA 206, MCL 211.27a.

 

     Sec. 3. (1) A qualified local governmental unit, by resolution

 

of its legislative body, may establish 1 or more qualified

 

rehabilitation districts that may consist of 1 or more parcels or

 

tracts of land or a portion of a parcel or tract of land, if at the

 

time the resolution is adopted, the parcel or tract of land or

 

portion of a parcel or tract of land within the district is a

 

qualified facility:

 

     (2) The legislative body of a qualified local governmental

 

unit may establish a commercial rehabilitation district on its own

 

initiative or upon a written request filed by the owner or owners

 

of property comprising at least 50% of all taxable value of the

 

property located within a proposed commercial rehabilitation

 

district. The written request must be filed with the clerk of the

 

qualified local governmental unit.

 

     (3) Before adopting a resolution establishing a commercial


 

rehabilitation district, the legislative body shall give written

 

notice by certified mail to the county in which the proposed

 

district is to be located and the owners of all real property

 

within the proposed commercial rehabilitation district and shall

 

afford an opportunity for a hearing on the establishment of the

 

commercial rehabilitation district at which any of those owners and

 

any other resident or taxpayer of the qualified local governmental

 

unit may appear and be heard. The legislative body shall give

 

public notice of the hearing not less than 10 days or more than 30

 

days before the date of the hearing.

 

     (4) The legislative body of the qualified local governmental

 

unit, in its resolution establishing a commercial rehabilitation

 

district, shall set forth a finding and determination that the

 

district meets the requirements set forth in subsection (1) and

 

shall provide a copy of the resolution by certified mail to the

 

county in which the district is located.

 

     (5) Within 28 days after receiving a copy of the resolution

 

establishing a commercial rehabilitation district, the county may

 

reject the establishment or the district by 1 of the following:

 

     (a) If the county has an elected county executive, by written

 

notification to the qualified local governmental unit.

 

     (b) If the county does not have an elected county executive,

 

by a resolution of the county board of commissioners provided to

 

the qualified local governmental unit.

 

     Sec. 4. (1) If a commercial rehabilitation district is

 

established under section 3, the owner of a qualified facility may

 

file an application for a commercial rehabilitation exemption


 

certificate with the clerk of the qualified local governmental unit

 

that established the commercial rehabilitation district. The

 

application shall be filed in the manner and form prescribed by the

 

commission. The application shall contain or be accompanied by a

 

general description of the qualified facility and a general

 

description of the proposed use of the qualified facility, the

 

general nature and extent of the rehabilitation to be undertaken, a

 

descriptive list of the fixed building equipment that will be a

 

part of the qualified facility, a time schedule for undertaking and

 

completing the rehabilitation of the qualified facility, a

 

statement of the economic advantages expected from the exemption,

 

including the number of jobs to be retained or created as a result

 

of rehabilitating the qualified facility, including expected

 

construction employment, and information relating to the

 

requirements in section 8.

 

     (2) Upon receipt of an application for a commercial

 

rehabilitation exemption certificate, the clerk of the qualified

 

local governmental unit shall notify in writing the assessor of the

 

local tax collecting unit in which the qualified facility is

 

located, and the legislative body of each taxing unit that levies

 

ad valorem property taxes in the qualified local governmental unit

 

in which the qualified facility is located. Before acting upon the

 

application, the legislative body of the qualified local

 

governmental unit shall hold a public hearing on the application

 

and give public notice to the applicant, the assessor, a

 

representative of the affected taxing units, and the general

 

public. The hearing on each application shall be held separately


 

from the hearing on the establishment of the commercial

 

rehabilitation district.

 

     Sec. 5. The legislative body of the qualified local

 

governmental unit, not more than 60 days after receipt of the

 

application by the clerk, shall by resolution either approve or

 

disapprove the application for a commercial rehabilitation

 

exemption certificate in accordance with section 8 and the other

 

provisions of this act. The clerk shall retain the original of the

 

application and resolution. If approved, the clerk shall forward a

 

copy of the application and resolution to the commission. If

 

disapproved, the reasons shall be set forth in writing in the

 

resolution, and the clerk shall send, by certified mail, a copy of

 

the resolution to the applicant and to the assessor. A resolution

 

is not effective unless approved by the commission as provided in

 

section 6.

 

     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 a commercial

 

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

 

qualified 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 qualified

 

facility, 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) 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 commercial 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 commercial rehabilitation exemption

 

certificate to the applicant and the assessor of the local tax

 

collecting unit in which the qualified facility is located.

 

     Sec. 7. (1) A qualified facility for which a commercial


 

rehabilitation exemption certificate is in effect, but not the land

 

on which the rehabilitated facility is located, or 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, for the period on and after the effective date of

 

the certificate and continuing so long as the commercial

 

rehabilitation exemption certificate is in force, is exempt from ad

 

valorem property taxes collected under the general property tax

 

act, 1893 PA 206, MCL 211.1 to 211.157.

 

     (2) Unless earlier revoked as provided in section 12, a

 

commercial rehabilitation exemption certificate shall remain in

 

force and effect for a period to be determined by the legislative

 

body of the qualified local governmental unit. The certificate may

 

be issued for a period of at least 1 year, but not to exceed 10

 

years. If the number of years determined is less than 10, the

 

certificate may be subject to review by the legislative body of the

 

qualified local governmental unit and the certificate may be

 

extended. The total amount of time determined for the certificate

 

including any extensions shall not exceed 10 years after the

 

completion of the qualified facility. The certificate shall

 

commence with its effective date and end on the December 31

 

immediately following the last day of the number of years

 

determined. The date of issuance of a certificate of occupancy, if

 

required by appropriate authority, shall be the date of completion

 

of the qualified facility.

 

     (3) If the number of years determined by the legislative body

 

of the qualified local governmental unit for the period a


 

certificate remains in force is less than 10 years, the review of

 

the certificate for the purpose of determining an extension shall

 

be based upon factors, criteria, and objectives that shall be

 

placed in writing, determined and approved at the time the

 

certificate is approved by resolution of the legislative body of

 

the qualified local governmental unit and sent, by certified mail,

 

to the applicant, the assessor of the local tax collecting unit in

 

which the qualified facility is located, and the commission.

 

     Sec. 8. (1) If the taxable value of the property proposed to

 

be exempt pursuant to an application under consideration,

 

considered together with the aggregate taxable value of property

 

exempt under certificates previously granted and currently in force

 

under this act or under 1974 PA 198, MCL 207.551 to 207.572,

 

exceeds 5% of the taxable value of the qualified local governmental

 

unit, the legislative body of the qualified local governmental unit

 

shall make a separate finding and shall include a statement in its

 

resolution approving the application that exceeding that amount

 

shall not have the effect of substantially impeding the operation

 

of the qualified local governmental unit or impairing the financial

 

soundness of an affected taxing unit.

 

     (2) The legislative body of the qualified local governmental

 

unit shall not approve an application for a commercial

 

rehabilitation exemption certificate unless the applicant complies

 

with all of the following requirements:

 

     (a) The commencement of the rehabilitation of the qualified

 

facility does not occur before the establishment of the commercial

 

rehabilitation district.


 

     (b) The application relates to a rehabilitation program that

 

when completed constitutes a qualified facility within the meaning

 

of this act and that shall be situated within a commercial

 

rehabilitation district established in a qualified local

 

governmental unit eligible under this act.

 

     (c) Completion of the qualified facility is calculated to, and

 

will at the time of issuance of the certificate have the reasonable

 

likelihood to, increase commercial activity, create employment,

 

retain employment, prevent a loss of employment, revitalize urban

 

areas, or increase the number of residents in the community in

 

which the qualified facility is situated.

 

     (d) The applicant states, in writing, that the rehabilitation

 

of the qualified facility would not be undertaken without the

 

applicant's receipt of the exemption certificate.

 

     (e) The applicant is not delinquent in the payment of any

 

taxes related to the qualified facility.

 

     Sec. 9. The assessor of each qualified local governmental unit

 

in which there is a qualified facility with respect to which 1 or

 

more commercial rehabilitation exemption certificates have been

 

issued and are in force shall determine annually as of December 31

 

the value and taxable value, both for real and personal property,

 

of each qualified facility separately, having the benefit of a

 

certificate and upon receipt of notice of the filing of an

 

application for the issuance of a certificate, shall determine and

 

furnish to the local legislative body the value and the taxable

 

value of the property to which the application pertains and other

 

information as may be necessary to permit the local legislative


 

body to make the determinations required by section 8(2).

 

     Sec. 10. (1) There is levied upon every owner of a qualified

 

facility to which a commercial rehabilitation exemption certificate

 

is issued a specific tax to be known as the commercial

 

rehabilitation tax.

 

     (2) The amount of the commercial rehabilitation tax, in each

 

year, shall be determined by multiplying the total mills levied as

 

ad valorem taxes for that year by all taxing units within which the

 

qualified facility is located by the taxable value of the real and

 

personal property of the qualified facility after deducting the

 

taxable valuation of the land and of 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.

 

     (3) The commercial rehabilitation tax is an annual tax,

 

payable at the same times, in the same installments, and to the

 

same officer or officers as taxes imposed under the general

 

property tax act, 1893 PA 206, MCL 211.1 to 211.157, are payable.

 

Except as otherwise provided in this section, the officer or

 

officers shall disburse the commercial rehabilitation tax payments

 

received by the officer or officers each year as follows:

 

     (a) Fifty percent to and among this state, cities, school

 

districts, counties, and authorities, at the same times and in the

 

same proportions as required by law for the disbursement of taxes

 

collected under the general property tax act, 1893 PA 206, MCL

 

211.1 to 211.157.

 

     (b) Fifty percent to the qualified local governmental unit in

 

which a qualified facility is located to reimburse qualified


 

infrastructure expenses and qualified facility expenses.

 

     (4) For intermediate school districts receiving state aid

 

under sections 56, 62, and 81 of the state school aid act of 1979,

 

1979 PA 94, MCL 388.1656, 388.1662, and 388.1681, of the amount of

 

obsolete property tax that would otherwise be disbursed to an

 

intermediate school district, all or a portion, to be determined on

 

the basis of the tax rates being utilized to compute the amount of

 

state aid, shall be paid to the state treasury to the credit of the

 

state school aid fund established by section 11 of article IX of

 

the state constitution of 1963.

 

     (5) The amount of commercial rehabilitation tax described in

 

subsection (2) that would otherwise be disbursed to a local school

 

district for school operating purposes shall be paid instead to the

 

state treasury and credited to the state school aid fund

 

established by section 11 of article IX of the state constitution

 

of 1963.

 

     (6) The officer or officers shall send a copy of the amount of

 

disbursement made to each unit under this section to the commission

 

on a form provided by the commission.

 

     (7) A qualified facility located in a renaissance zone under

 

the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to

 

125.2696, is exempt from the commercial rehabilitation tax levied

 

under this act to the extent and for the duration provided pursuant

 

to the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to

 

125.2696, except for that portion of the commercial rehabilitation

 

tax attributable to a special assessment or a tax described in

 

section 7ff(2) of the general property tax act, 1893 PA 206, MCL


 

211.7ff. The commercial rehabilitation tax calculated under this

 

subsection shall be disbursed proportionately to the taxing unit or

 

units that levied the special assessment or the tax described in

 

section 7ff(2) of the general property tax act, 1893 PA 206, MCL

 

211.7ff.

 

     Sec. 11. The amount of the tax applicable to real property,

 

until paid, is a lien upon the real property to which the

 

certificate is applicable. Proceedings upon the lien as provided by

 

law for the foreclosure in the circuit court of mortgage liens upon

 

real property may commence only upon the filing by the appropriate

 

collecting officer of a certificate of nonpayment of the commercial

 

rehabilitation tax applicable to real property, together with an

 

affidavit of proof of service of the certificate of nonpayment upon

 

the owner of the qualified facility by certified mail, with the

 

register of deeds of the county in which the qualified facility is

 

situated.

 

     Sec. 12. The legislative body of the qualified local

 

governmental unit may, by resolution, revoke the commercial

 

rehabilitation exemption certificate of a facility if it finds that

 

the completion of rehabilitation of the qualified facility has not

 

occurred within the time authorized by the legislative body in the

 

exemption certificate or a duly authorized extension of that time,

 

or that the holder of the commercial rehabilitation exemption

 

certificate has not proceeded in good faith with the operation of

 

the qualified facility in a manner consistent with the purposes of

 

this act and in the absence of circumstances that are beyond the

 

control of the holder of the exemption certificate.


 

     Sec. 13. A commercial rehabilitation exemption certificate may

 

be transferred and assigned by the holder of the certificate to a

 

new owner of the qualified facility if the qualified local

 

governmental unit approves the transfer after application by the

 

new owner.

 

     Sec. 14. Not later than October 15 each year, each qualified

 

local governmental unit granting a commercial rehabilitation

 

exemption shall report to the commission on the status of each

 

exemption. The report must include the current value of the

 

property to which the exemption pertains, the value on which the

 

commercial rehabilitation tax is based, and a current estimate of

 

the number of jobs retained or created by the exemption.

 

     Sec. 15. (1) The department annually shall prepare and submit

 

to the committees of the house of representatives and senate

 

responsible for tax policy and economic development issues a report

 

on the utilization of commercial rehabilitation districts, based on

 

the information filed with the commission.

 

     (2) After this act has been in effect for 3 years, the

 

department shall prepare and submit to the committees of the house

 

of representatives and senate responsible for tax policy and

 

economic development issues an economic analysis of the costs and

 

benefits of this act in the 3 qualified local governmental units in

 

which it has been most heavily utilized.

 

     Sec. 16. A new exemption shall not be granted under this act

 

after December 31, 2015, but an exemption then in effect shall

 

continue until the expiration of the exemption certificate.

 

     Sec. 17. (1) Within 60 days after the granting of a commercial


 

rehabilitation exemption certificate under section 6 for a

 

qualified facility, the state treasurer may, for a period not to

 

exceed 6 years, exclude up to 1/2 of the number of mills levied for

 

school operating purposes under the revised school code, 1976 PA

 

451, MCL 380.1 to 380.1852, and under the state education tax act,

 

1993 PA 331, MCL 211.901 to 211.906, from the specific tax

 

calculation on the qualified facility under section 10(2)(b) if the

 

state treasurer determines that reducing the number of mills used

 

to calculate the specific tax under section 10(2)(b) is necessary

 

to reduce unemployment, promote economic growth, and increase

 

capital investment in qualified local governmental units.

 

     (2) The state treasurer shall not grant more than 25

 

exclusions under this section each year.