HOUSE BILL No. 5979

 

March 23, 2010, Introduced by Reps. Clemente, Byrnes, Liss, Wayne Schmidt, Stanley, Constan, Robert Jones, Bauer, Tlaib, Gonzales, Gregory and Smith and referred to the Committee on Intergovernmental and Regional Affairs.

 

     A bill to amend 2004 PA 530, entitled

 

"Historical neighborhood tax increment finance authority act,"

 

by amending section 3 (MCL 125.2843).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. As used in this act:

 

     (a) "Operations" means office maintenance, including salaries

 

and expenses of employees, office supplies, consultation fees,

 

design costs, and other expenses incurred in the daily management

 

of the authority and planning of its activities.

 

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

 

treated as separate for valuation or zoning purposes.

 

     (c) "Public facility" means housing, a street, plaza,

 

pedestrian mall, and any improvements to a street, plaza, or

 


pedestrian mall including street furniture and beautification,

 

park, parking facility, recreational facility, right of way,

 

structure, waterway, bridge, lake, pond, canal, utility line or

 

pipe, transit-oriented development, transit-oriented facility, or

 

building, including access routes designed and dedicated to use by

 

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

 

includes an improvement to a facility used by the public or a

 

public facility as those terms are defined in section 1 of 1966 PA

 

1, MCL 125.1351, if the improvement complies with the barrier free

 

design requirements of the state construction code promulgated

 

under the Stille-DeRossett-Hale single state construction code act,

 

1972 PA 230, MCL 125.1501 to 125.1531.

 

     (d) "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.

 

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

 

October 1 of each year.

 

     (f) "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

 

development 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.

 

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

 

     (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 authority 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 authority from the determination of the

 

amount of tax increment revenues to be transmitted to the authority

 

or specific local taxes attributable to the ad valorem property

 

taxes.

 

     (v) Ad valorem property taxes exempted from capture under

 

section 17(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.

 

     (g) "Transit-oriented development" means infrastructure

 

improvements that are located within 1/2 mile of a transit station

 


or transit-oriented facility that promotes transit ridership or

 

passenger rail use, as determined by the board and approved by the

 

municipality in which it is located.

 

     (h) "Transit-oriented facility" means a facility that houses a

 

transit station in a manner that promotes transit ridership or

 

passenger rail use.