HOUSE BILL No. 5496

 

April 30, 2014, Introduced by Rep. Schor and referred to the Committee on Tax Policy.

 

     A bill to provide for the exemption of certain property from

 

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

 

of certain property; to provide for the disposition of the tax; to

 

prescribe the powers and duties of certain local government

 

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 "land

 

value specific tax act".

 

     Sec. 2. As used in this act:

 

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

 

1927 PA 360, MCL 209.101 to 209.107.

 

     (b) "Eligible real property" means real property that meets

 

all of the following conditions:

 

     (i) Is classified as commercial real property or industrial

 


real property under section 34c of the general property tax act,

 

1893 PA 206, MCL 211.34c.

 

     (ii) Has no buildings or other improvements located on that

 

real property.

 

     (c) "Taxable value" means the taxable value as determined

 

under section 27a of the general property tax act, 1893 PA 206, MCL

 

211.27a.

 

     Sec. 3. (1) Eligible real property is exempt from ad valorem

 

property taxes collected under the general property tax act, 1893

 

PA 206, MCL 211.1 to 211.155, if the legislative body of the local

 

tax collecting unit in which that eligible real property is located

 

by resolution exempts that eligible real property as provided under

 

section 7tt of the general property tax act, 1893 PA 206, MCL

 

211.7tt.

 

     (2) The specific tax levied under this act shall be

 

administered as provided in the general property tax act, 1893 PA

 

206, MCL 211.1 to 211.155, and shall be collected at the same time

 

and in the same manner as taxes collected under the general

 

property tax act, 1893 PA 206, MCL 211.1 to 211.155.

 

     Sec. 4. The assessor of each local tax collecting unit in

 

which there is exempt eligible real property shall determine

 

annually as of December 31 the value and taxable value of each

 

parcel of exempt eligible real property located in that local tax

 

collecting unit.

 

     Sec. 5. (1) Except as otherwise provided under this act, there

 

is levied upon the owner of every parcel of eligible real property

 

exempt under section 7tt of the general property tax act, 1893 PA

 


206, MCL 211.7tt, a specific tax to be known as the land value

 

specific tax.

 

     (2) The amount of the commercial real property specific tax in

 

each year shall be equal to the eligible real property's taxable

 

value multiplied by all of the following:

 

     (a) The number of mills levied under the state education tax

 

act, 1993 PA 331, MCL 211.901 to 211.906.

 

     (b) The number of mills levied under the revised school code,

 

1976 PA 451, MCL 380.1 to 380.1852.

 

     (c) The number of mills that would be levied by all taxing

 

units in the local tax collecting unit if the commercial real

 

property were subject to the collection of taxes under the general

 

property tax act, 1893 PA 206, MCL 211.1 to 211.155.

 

     (d) If approved by the qualified electors of that local tax

 

collecting unit, an additional millage in an amount that will

 

reflect the costs of maintaining the vacant property through years

 

of vacancy, the costs to maintain the vacant property, and other

 

conditions determined by the municipality.

 

     (3) The land value specific tax is an annual tax, payable at

 

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

 

collecting officer or officers as taxes collected under the general

 

property tax act, 1893 PA 206, MCL 211.1 to 211.155.

 

     (4) The collecting officer or officers shall disburse the

 

commercial real property specific tax to and among this state and

 

cities, townships, villages, school districts, counties, or other

 

taxing units, 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 211.155. If a

 

millage is levied under subsection (2)(d), the proceeds from that

 

millage shall be retained by the local tax collecting unit and

 

shall be deposited in that local tax collecting unit's general

 

fund.

 

     (5) The collecting officer or officers shall send a copy of

 

the amount of disbursement made to each taxing unit under this

 

section to the commission on a form provided by the commission.

 

     Sec. 6. Unpaid land value specific taxes are subject to

 

collection as provided under the general property tax act, 1893 PA

 

206, MCL 211.1 to 211.155.

 

     Enacting section 1. This act does not take effect unless

 

Senate Bill No.____ or House Bill No. 5495 (request no. 03145'13) of

 

the 97th Legislature is enacted into law.