HB-4516, As Passed House, March 25, 2010

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4516

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2005 PA 210, entitled

 

"Commercial rehabilitation act,"

 

by amending section 3 (MCL 207.843).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 of the district by 1 of the following

 

methods:

 

     (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.

 

     (6) Beginning April 1, 2010, the qualified local governmental

 

unit shall not approve a commercial rehabilitation exemption

 

certificate if the owner or lessee of a qualified facility fails to

 

comply with section 3 of the Michigan corporate responsibility act

 

or fails to disclose a civil or criminal offense as required by

 

section 3 of the Michigan corporate responsibility act.

 

     (7) Beginning with commercial rehabilitation exemption

 

certificates that take effect on or after April 1, 2010, if the

 

owner of the qualified facility to whom the certificate is issued

 

fails to comply with section 3 of the Michigan corporate

 

responsibility act or fails to disclose a civil or criminal offense

 

as required by section 3 of the Michigan corporate responsibility

 

act on or after April 1, 2010, then that person is responsible for

 

the payment of a penalty described in this subsection. The penalty

 

is equal to the difference between the commercial rehabilitation

 

tax and the general ad valorem taxes that would have been levied if

 

the certificate had not been granted for each year the certificate

 

was in effect.