HOUSE BILL No. 4464

 

March 14, 2013, Introduced by Reps. Haines, Kowall, Jacobsen, Price, Townsend, Crawford, McCready, MacMaster, Forlini, Cavanagh, Stallworth, Santana, Singh, Haugh, Hobbs, Lipton, Kesto and Goike and referred to the Committee on Tax Policy.

 

     A bill to amend 2010 PA 250, entitled

 

"Private investment infrastructure act,"

 

by amending section 3 (MCL 125.1873).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. As used in this act:

 

     (a) "Parcel" means an identifiable unit of land that is

 

treated as separate for valuation or zoning purposes.

 

     (b) "Public facility" means a street, road, or highway, and

 

any improvements to a street, road, or highway, including street

 

furniture and beautification, park, parking facility, recreational

 

facility, right-of-way, structure, waterway, bridge, lake, pond,

 

canal, utility line or pipe, water or wastewater facilities, or

 


building, including access routes designed and dedicated to use by

 

the public generally, or used by a public agency. Public facility

 

also includes public-transportation-related infrastructure and

 

light and commuter rail line projects. A public facility does not

 

include a tunnel or bridge that includes an international border or

 

crossing.

 

     (c) "Specific local tax" means a tax levied under 1974 PA 198,

 

MCL 207.551 to 207.572, the commercial redevelopment act, 1978 PA

 

255, MCL 207.651 to 207.668, the technology park development act,

 

1984 PA 385, MCL 207.701 to 207.718, or 1953 PA 189, MCL 211.181 to

 

211.182. The initial assessed value or current assessed value of

 

property subject to a specific local tax shall be the quotient of

 

the specific local tax paid divided by the ad valorem millage rate.

 

The state tax commission shall prescribe the method for calculating

 

the initial assessed value and current assessed value of property

 

for which a specific local tax was paid in lieu of a property tax.

 

     (d) "State fiscal year" means the annual period commencing

 

October 1 of each year.

 

     (e) "Tax increment revenues" means the amount of ad valorem

 

property taxes and specific local taxes attributable to the

 

application of the levy of all taxing jurisdictions upon the

 

captured assessed value of real and personal property in the

 

negotiated benefit area. Tax increment revenues do not include any

 

of the following:

 

     (i) Taxes under the state education tax act, 1993 PA 331, MCL

 

211.901 to 211.906, except that portion of the taxes under the

 

state education tax act, 1993 PA 331, MCL 211.901 to 211.906, not

 


to exceed 50% of those taxes as determined by the state treasurer

 

for a period not to exceed 15 years, as determined by the state

 

treasurer, if the state treasurer determines that the capture under

 

this subparagraph is necessary to reduce unemployment, promote

 

economic growth, and increase capital investment in the

 

municipality.

 

     (ii) Taxes levied by local or intermediate school districts,

 

except that portion of taxes levied by local or intermediate school

 

districts not to exceed 50% of those taxes as determined by the

 

state treasurer for a period not to exceed 15 years, as determined

 

by the state treasurer, if the state treasurer determines that the

 

capture under this subparagraph is necessary to reduce

 

unemployment, promote economic growth, and increase capital

 

investment in the municipality.

 

     (iii) Ad valorem property taxes attributable either to a portion

 

of the captured assessed value shared with taxing jurisdictions

 

within the jurisdictional area of the administering agency or to a

 

portion of value of property that may be excluded from captured

 

assessed value or specific local taxes attributable to the ad

 

valorem property taxes.

 

     (iv) Ad valorem property taxes excluded by the tax increment

 

financing plan of the administering agency from the determination

 

of the amount of tax increment revenues to be transmitted to the

 

administering agency or specific local taxes attributable to the ad

 

valorem property taxes.

 

     (v) Ad valorem property taxes exempted from capture under

 

section 10(5) or specific local taxes attributable to the ad

 


valorem property taxes.

 

     (vi) Ad valorem property taxes specifically levied for the

 

payment of principal and interest of obligations approved by the

 

electors or obligations pledging the unlimited taxing power of the

 

local governmental unit or specific taxes attributable to those ad

 

valorem property taxes.

 

     (vii) Ad valorem property taxes levied under 1 or more of the

 

following or specific local taxes attributable to those ad valorem

 

property taxes:

 

     (A) The zoological authorities act, 2008 PA 49, MCL 123.1161

 

to 123.1183.

 

     (B) The art institute authorities act, 2010 PA 296, MCL

 

123.1201 to 123.1229.