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.