SENATE BILL No. 310

 

 

March 1, 2007, Introduced by Senators ANDERSON, SCHAUER and THOMAS and referred to the Committee on Finance.

 

 

 

     A bill to amend 1974 PA 198, entitled

 

"An act to provide for the establishment of plant rehabilitation

districts and industrial development districts in local

governmental units; to provide for the exemption from certain

taxes; to levy and collect a specific tax upon the owners of

certain facilities; to impose and provide for the disposition of an

administrative fee; to provide for the disposition of the tax; 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 the state tax commission and

certain officers of local governmental units; and to provide

penalties,"

 

by amending sections 14 and 14a (MCL 207.564 and 207.564a), section

 

14 as amended by 1996 PA 1 and section 14a as amended by 1994 PA

 

266.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14. (1) The amount of the industrial facility tax, in

 

each year for a replacement facility, shall be determined by

 


multiplying the total mills levied as ad valorem taxes for that

 

year by all taxing units within which the facility is situated by

 

the taxable value of the real and personal property of the obsolete

 

industrial property for the tax year immediately preceding the

 

effective date of the industrial facilities exemption certificate

 

after deducting the taxable value of the land and of the inventory

 

as specified in section 19.

 

     (2) The amount of the industrial facility tax, in each year

 

for a new facility or a speculative building for which an

 

industrial facilities exemption certificate became effective before

 

January 1, 1994, shall be determined by multiplying the taxable

 

value of the facility excluding the land and the inventory personal

 

property by the sum of 1/2 of the total mills levied as ad valorem

 

taxes for that year by all taxing units within which the facility

 

is located other than mills levied for school operating purposes by

 

a local school district within which the facility is located or

 

mills levied under the state education tax act, Act No. 331 of the

 

Public Acts of 1993, being sections 211.901 to 211.906 of the

 

Michigan Compiled Laws 1993 PA 331, MCL 211.901 to 211.906, plus

 

1/2 of the number of mills levied for local school district

 

operating purposes in 1993.

 

     (3) The Except as provided in subsection (4), the amount of

 

the industrial facility tax in each year for a new facility or a

 

speculative building for which an industrial facilities exemption

 

certificate becomes effective after December 31, 1993, shall be

 

determined by multiplying the taxable value of the facility

 

excluding the land and the inventory personal property by the sum

 


of 1/2 of the total mills levied as ad valorem taxes for that year

 

by all taxing units within which the facility is located other than

 

mills levied under the state education tax act, 1993 PA 331, MCL

 

211.901 to 211.906, plus, subject to section 14a, the number of

 

mills levied under Act No. 331 of the Public Acts of 1993 the state

 

education tax act, 1993 PA 331, MCL 211.901 to 211.906.

 

     (4) For taxes levied after December 31, 2007, for the personal

 

property tax component of an industrial facilities exemption

 

certificate for a new facility or a speculative building that is

 

classified as industrial personal property under section 34c of the

 

general property tax act, 1893 PA 206, MCL 211.34c, the amount of

 

the industrial facility tax in each year for a new facility or a

 

speculative building shall be determined by multiplying the taxable

 

value of the facility excluding the land and the inventory personal

 

property by the sum of 1/2 of the total mills levied as ad valorem

 

taxes for that year by all taxing units within which the facility

 

is located other than mills levied under the state education tax

 

act, 1993 PA 331, MCL 211.901 to 211.906, and the number of mills

 

from which the property is exempt under section 1211(1) of the

 

revised school code, 1976 PA 451, MCL 380.1211.

 

     (5) (4) For a termination or revocation of only the real

 

property component, or only the personal property component, of an

 

industrial facilities exemption certificate as provided in this

 

act, the valuation and the tax determined using that valuation

 

shall be reduced proportionately to reflect the exclusion of the

 

component with respect to which the termination or revocation has

 

occurred.

 


     Sec. 14a. Within 60 days after the granting of an industrial

 

facilities exemption certificate under section 7 for a new

 

facility, the state treasurer may exclude 1/2 or all of the number

 

of mills levied under the state education tax act, Act No. 331 of

 

the Public Acts of 1993, being sections 211.901 to 211.906 of the

 

Michigan Compiled Laws 1993 PA 331, MCL 211.901 to 211.906, from

 

the specific tax calculation on the facility under section 14(3) if

 

the state treasurer determines that reducing the number of mills

 

used to calculate the specific tax under section 14(3) is necessary

 

to reduce unemployment, promote economic growth, and increase

 

capital investment in this state. This section does not apply to

 

the personal property tax component of a certificate described in

 

section 14(4).

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 306.                                   

 

          

 

     (b) Senate Bill No. 308.                                   

 

           

 

     (c) Senate Bill No. 309.                                   

 

           

 

     (d) Senate Bill No. 311.                                   

 

           

 

     (e) Senate Bill No. 307.                                   

 

          

 

     (f) Senate Bill No. 314.