Economic development; other; agricultural tax abatement districts
   act; provide for.

   ECONOMIC DEVELOPMENT:  Other; AGRICULTURE:  Other






















        A bill to provide for the establishment of agricultural tax

   abatement districts in local governmental units; to provide for

   the exemption from certain taxes; to levy and collect a specific

   tax upon the owners of certain agricultural property; to provide

   for the disposition of the tax; to provide for the obtaining and

   transferring of an exemption certificate and to prescribe the

   contents of those certificates; to prescribe the powers and

   duties of the state tax commission and certain officers of local

   governmental units; and to provide penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  This act shall be known and may be cited as the

 2    "agricultural tax abatement districts act".

 3         Sec. 2.  As used in this act:

 4         (a) "Agricultural abatement security tax" means the specific

 5    tax levied under section 10.


   02566'99                                                 JLB
                                              2

 1         (b) "Agricultural tax abatement district" or "district"

 2    means an area designated by a local governmental unit under sec-

 3    tion 3.

 4         (c) "Commission" means the state tax commission created by

 5    1927 PA 360, MCL 209.101 to 209.107.

 6         (d) "Local governmental unit" means a city, village, or

 7    township.

 8         (e) "Qualified agricultural property" means unoccupied prop-

 9    erty and related buildings classified as agricultural under the

10    general property tax act, 1893 PA 206, MCL 211.1 to 211.157, or

11    other unoccupied property and related buildings located on that

12    property devoted primarily to agricultural use as defined in sec-

13    tion 36101 of part 361 of the natural resources and environmental

14    protection act, 1994 PA 451, MCL 324.36101.  Related buildings

15    include a residence occupied by a person employed in or actively

16    involved in the agricultural use.  Property used for commercial

17    storage, commercial processing, commercial distribution, commer-

18    cial marketing, or commercial shipping operations or other com-

19    mercial or industrial purposes is not qualified agricultural

20    property.  A parcel of property is devoted primarily to agricul-

21    tural use only if more than 50% of the parcel's acreage is

22    devoted to agricultural use.  Qualified agricultural property

23    does not include that portion of the total state equalized valua-

24    tion of the property that is used for a commercial or industrial

25    purpose or that is a residence that is not a related building.







   02566'99
                                   3

 1         (f) "Qualified agricultural property exemption certificate"

 2    or "certificate" means a certificate issued pursuant to sections

 3    4, 5, and 6.

 4         (g) "Taxable value" means that value determined under sec-

 5    tion 27a of the general property tax act, 1893 PA 206,

 6    MCL 211.27a.

 7         Sec. 3.  (1) A local governmental unit, by resolution of its

 8    legislative body, may establish an agricultural tax abatement

 9    district that consists of 1 or more parcels or tracts of land or

10    a portion of a parcel or tract of land that contains qualified

11    agricultural property.

12         (2) The legislative body of a local governmental unit may

13    establish an agricultural tax abatement district on its own ini-

14    tiative or upon a written request filed by the owner or owners of

15    not less than 75% of the state equalized value of the qualified

16    agricultural property located within a proposed agricultural tax

17    abatement district.  This request shall be filed with the clerk

18    of the local governmental unit.

19         (3) Before adopting a resolution establishing an agricul-

20    tural tax abatement district, the legislative body shall give

21    written notice by certified mail to the owners of all real prop-

22    erty within the proposed agricultural tax abatement district and

23    shall hold a public hearing on the establishment of the agricul-

24    tural tax abatement district at which those owners and other res-

25    idents or taxpayers of the local governmental unit shall have a

26    right to appear and be heard.





   02566'99
                                   4

 1         (4) An agricultural tax abatement district established by a

 2    township shall be only within the unincorporated territory of the

 3    township and shall not be within a village.

 4         Sec. 4.  (1) After the establishment of an agricultural tax

 5    abatement district, the owner or lessee of a qualified agricul-

 6    tural property may file an application for a qualified agricul-

 7    tural property exemption certificate with the clerk of the local

 8    governmental unit that established an agricultural tax abatement

 9    district.  The application shall be filed in the manner and form

10    prescribed by the commission.  The application shall contain or

11    be accompanied by a general description of the qualified agricul-

12    tural property and a general description of the proposed use of

13    the qualified agricultural property.

14         (2) Upon receipt of an application for a qualified agricul-

15    tural property exemption certificate, the clerk of the local gov-

16    ernmental unit shall notify in writing the assessor of the

17    assessing unit in which the qualified agricultural property is

18    located or to be located, and the legislative body of each taxing

19    unit that levies ad valorem property taxes in the local govern-

20    mental unit in which the qualified agricultural property is

21    located or to be located.  Before acting upon the application,

22    the legislative body of the local governmental unit shall afford

23    the applicant, the assessor, and a representative of the affected

24    taxing units an opportunity for a hearing.

25         (3) The local governmental unit may charge the applicant an

26    application fee to process an application for a qualified

27    agricultural property exemption certificate.  A local



   02566'99
                                   5

 1    governmental unit shall not charge an applicant any other fee

 2    under this act.

 3         Sec. 5.  The legislative body of the local governmental

 4    unit, not more than 60 days after receipt by its clerk of the

 5    application, shall by resolution either approve or disapprove the

 6    application for a qualified agricultural property exemption cer-

 7    tificate in accordance with section 8 and the other provisions of

 8    this act.  If disapproved, the reasons shall be set forth in

 9    writing in the resolution.  If approved, the clerk shall forward

10    the application to the commission within 60 days of approval or

11    before October 31 of that year, whichever is first, in order to

12    receive the qualified agricultural property exemption certificate

13    effective for the following year.  If disapproved, the clerk

14    shall return the application to the applicant.  The applicant may

15    appeal the disapproval to the commission within 10 days after the

16    date of the disapproval.

17         Sec. 6.  (1) Within 60 days after receipt of an approved

18    application or an appeal of a disapproved application that was

19    submitted to the commission before October 31 of that year, the

20    commission shall determine whether the qualified agricultural

21    property complies with section 8 and with the other provisions of

22    this act.  If the commission so finds, it shall issue a qualified

23    agricultural property exemption certificate.  Before issuing a

24    certificate, the commission shall notify the state treasurer of

25    the application and that the application complies with the

26    requirements in section 8.  The effective date of the certificate

27    for a qualified agricultural property is the immediately



   02566'99
                                   6

 1    succeeding December 31 following the date the certificate is

 2    issued.

 3         (2) The commission shall send a qualified agricultural prop-

 4    erty exemption certificate, when issued, by certified mail to the

 5    applicant, and a certified copy by certified mail to the assessor

 6    of the assessing unit in which the qualified agricultural prop-

 7    erty is located or to be located, and that copy shall be filed in

 8    his or her office.  Notice of the commission's refusal to issue a

 9    certificate shall be sent by certified mail to the same persons.

10         Sec. 7.  A qualified agricultural property for which a qual-

11    ified agriculture property exemption certificate is in effect,

12    for the period on and after the effective date of the certificate

13    and continuing so long as the qualified agricultural property

14    exemption certificate is in force, is exempt from ad valorem real

15    property taxes and the lessee, occupant, user, or person in pos-

16    session of that qualified agricultural property for the same

17    period is exempt from ad valorem taxes imposed under 1953 PA 189,

18    MCL 211.181 to 211.182.

19         Sec. 8.  The legislative body of the local governmental

20    unit, in its resolution approving an application, shall set forth

21    a finding and determination that the granting of the qualified

22    agricultural property exemption certificate, considered together

23    with the aggregate amount of qualified agricultural property

24    exemption certificates previously granted and currently in force,

25    shall not have the effect of substantially impeding the operation

26    of the local governmental unit or impairing the financial

27    soundness of a taxing unit that levies an ad valorem property tax



   02566'99
                                   7

 1    in the local governmental unit in which the qualified

 2    agricultural property is located or to be located.  If the state

 3    equalized valuation of property proposed to be exempt pursuant to

 4    an application under consideration, considered together with the

 5    aggregate state equalized valuation of property exempt under cer-

 6    tificates previously granted and currently in force, exceeds 5%

 7    of the state equalized valuation of the local governmental unit,

 8    the commission, with the approval of the state treasurer, shall

 9    make a separate finding and shall include a statement in the

10    order approving the qualified agricultural property exemption

11    certificate that exceeding that amount shall not have the effect

12    of substantially impeding the operation of the local governmental

13    unit or impairing the financial soundness of an affected taxing

14    unit.

15         Sec. 9.  (1) The assessor of each city or township in which

16    there is a qualified agricultural property with respect to which

17    1 or more qualified agricultural property exemption certificates

18    have been issued and are in force shall determine annually as of

19    December 31 the value and taxable value of each qualified agri-

20    cultural property separately, both for real and personal proper-

21    ty, having the benefit of a certificate.

22         (2) The assessor, upon receipt of notice of the filing of an

23    application for the issuance of a certificate, shall determine

24    and furnish to the local legislative body and the commission the

25    value of the property to which the application pertains and other

26    information as may be necessary to permit the local legislative





   02566'99
                                   8

 1    body and the commission to make the determinations required by

 2    section 8.

 3         Sec. 10.  (1) Except as provided in subsection (5), there is

 4    levied upon every owner of qualified agricultural property to

 5    which a qualified agricultural property exemption certificate is

 6    issued a specific tax to be known as the agricultural tax abate-

 7    ment security tax.

 8         (2) The agricultural tax abatement security tax is an annual

 9    tax, payable at the same times, in the same installments, and to

10    the same officer or officers as taxes imposed under the general

11    property tax act, 1893 PA 206, MCL 211.1 to 211.157, are

12    payable.  Except as otherwise provided in this section, the offi-

13    cer or officers shall disburse the agricultural tax abatement

14    security tax payments received each year to and among the state,

15    cities, townships, villages, school districts, counties, and

16    authorities, at the same times and in the same proportions as

17    required by law for the disbursement of taxes collected under the

18    general property tax act, 1893 PA 206, MCL 211.1 to 211.157.

19         (3) Except as provided by subsection (4) for an intermediate

20    school district receiving state aid under section 56, 62, or 81

21    of the state school aid act of 1979, 1979 PA 94, MCL 388.1656,

22    388.1662, and 388.1681, of the amount that would otherwise be

23    disbursed to or retained by the intermediate school district, all

24    or a portion, to be determined on the basis of the tax rates

25    being utilized to compute the amount of the state school aid,

26    shall be paid instead to the state treasury to the credit of the

27    state school aid fund established by section 11 of article IX of



   02566'99
                                   9

 1    the state constitution of 1963.  This subsection does not apply

 2    to taxes levied for either of the following:

 3         (a) Mills allocated to an intermediate school district for

 4    operating purposes as provided for under the property tax limita-

 5    tion act, 1933 PA 62, MCL 211.201 to 211.217a.

 6         (b) An intermediate school district that is not receiving

 7    state aid under section 56 or 62 of the state school aid act of

 8    1979, 1979 PA 94, MCL 388.1656 and 388.1662.

 9         (4) The amount of agricultural tax abatement security taxes

10    to be disbursed to a local school district, except for that

11    amount of tax attributable to mills levied under section 1211(2)

12    or 1211c of the revised school code, 1976 PA 451, MCL 380.1211

13    and 380.1211c, and mills that are not included as mills levied

14    for school operating purposes under section 1211 of the revised

15    school code, 1976 PA 451, MCL 380.1211, shall be paid to the

16    state treasury and credited to the state school aid fund estab-

17    lished by section 11 of article IX of the state constitution of

18    1963.

19         (5) Qualified agricultural property located in a renaissance

20    zone under the Michigan renaissance zone act, 1996 PA 376,

21    MCL 125.2681 to 125.2696, is exempt from the agricultural tax

22    abatement security tax levied under this act to the extent and

23    for the duration provided pursuant to the Michigan renaissance

24    zone act, 1996 PA 376, MCL 125.2681 to 125.2696, except for that

25    portion of the agricultural tax abatement security tax attribut-

26    able to a special assessment or a tax described in section 7ff(2)

27    of the general property tax act, 1893 PA 206, MCL 211.7ff.  The



   02566'99
                                  10

 1    agricultural tax abatement security tax calculated under this

 2    subsection shall be disbursed proportionately to the local taxing

 3    unit or units that levied the special assessment or the tax

 4    described in section 7ff(2) of the general property tax act, 1893

 5    PA 206, MCL 211.7ff.

 6         Sec. 11.  (1) The amount of the tax applicable to real prop-

 7    erty, until paid, shall be a lien upon the real property to which

 8    the certificate is applicable; but only upon the filing by the

 9    officer of a certificate of nonpayment of the agricultural tax

10    abatement security tax applicable to real property, together with

11    an affidavit of proof of service of the certificate of nonpayment

12    upon the owner of the qualified agricultural property by certi-

13    fied mail with the register of deeds of the county in which the

14    real property is situated, may proceedings then be had upon the

15    lien in the same manner as provided by law for the foreclosure in

16    the circuit courts of mortgage liens upon real property.

17         (2) On or after the December 31 next following the expira-

18    tion of 60 days after the service upon the owner of a certificate

19    of nonpayment and the filing of the certificate of nonpayment, if

20    payment has not been made within the intervening 60 days, pro-

21    vided for by subsection (1), the qualified agricultural property

22    exemption certificate shall automatically be terminated.

23         Sec. 12.  The amount of the agricultural tax abatement

24    security tax in each year for a qualified agricultural property

25    for which a qualified agricultural property exemption certificate

26    is in effect shall be determined by multiplying the taxable value

27    of the qualified agricultural property by the sum of 1/2 of the



   02566'99
                                  11

 1    total mills that would otherwise be levied on that property as ad

 2    valorem taxes for that year by all taxing units within which the

 3    qualified agricultural property is located.

 4         Sec. 13.  Within 60 days after the granting of a qualified

 5    agricultural property exemption certificate under section 5 for

 6    qualified agricultural property, the state treasurer may exclude

 7    1/2 or all of the number of mills levied under the state educa-

 8    tion tax act, 1993 PA 331, MCL 211.901 to 211.906, from the spe-

 9    cific tax calculation on the qualified agricultural property

10    under section 12 if the state treasurer determines that reducing

11    the number of mills used to calculate the specific tax under

12    section 12 is necessary to reduce unemployment, promote economic

13    growth, increase capital investment, maintain food production,

14    and maintain agricultural enterprises in this state.

15         Sec. 14.  Upon receipt of a request by certified mail to the

16    commission by the holder of a qualified agricultural property

17    exemption certificate requesting revocation of the certificate,

18    the commission shall by order revoke the certificate.

19         Sec. 15.  The commission may promulgate rules as it deems

20    necessary for the administration of this act pursuant to the

21    administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

22    24.328.

23         Sec. 16.  A qualified agricultural property exemption cer-

24    tificate shall be in the form the commission determines but shall

25    contain:

26         (a) A legal description of the real property on which the

27    facility is or is to be located.



   02566'99
                                  12

 1         (b) A statement that unless revoked as provided in this act

 2    the certificate shall remain in force for the period stated in

 3    the certificate.

 4         Sec. 17.  A party aggrieved by the issuance or refusal to

 5    issue, revocation, transfer, or modification of a qualified agri-

 6    cultural property exemption certificate may appeal from the find-

 7    ing and order of the commission in the manner and form and within

 8    the time provided by the administrative procedures act of 1969,

 9    1969 PA 306, MCL 24.201 to 24.328.

10         Sec. 18.  A qualified agricultural property exemption cer-

11    tificate may be transferred and assigned by the holder thereof to

12    a new owner or lessee of the qualified agricultural property but

13    only with the approval of the local governmental unit and the

14    commission after application by the new owner or lessee, and

15    notice and hearing in the same manner as provided in section 4

16    for the application for a certificate.

























   02566'99          Final page.                            JLB