February 9, 2010, Introduced by Rep. Slezak and referred to the Committee on Tax Policy.
A bill to amend 1984 PA 385, entitled
"Technology park development act,"
by amending section 5 (MCL 207.705), as amended by 1990 PA 151.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) A local governmental unit, by resolution of its
legislative body, may establish 1 technology park district or, if
subdivision (a) is not applicable, may establish more than 1
technology park district. A district shall consist of 1 or more
parcels or tracts of land and, at the time the resolution is
adopted, shall meet the following requirements:
(a) The district shall contain not less than 100 acres of
undeveloped land. This subdivision does not apply if the
administration building of the university requesting establishment
of the district is located in a local governmental unit with a
population of 800,000 or more persons.
(b) The district boundaries shall be continuous.
(c) All of the land in the district shall be within a 10-mile
radius of the administration building on the main campus of a 4-
year public university, 4-year independent university, or 4-year
institute of technology, or within the corporate boundaries of the
city, village, or township in which the administration building is
located, or in a city or township adjacent to a city in which the
administration building is located if the district is adjacent to
land owned by the 4-year public university.
(2) The resolution establishing a district shall set forth a
finding and determination that the district satisfies all the
requirements of subsection (1).
(3) A local governmental unit shall establish a district only
upon the written request filed with the clerk of the local
governmental unit by the owners of record of 75% of the land
included within the proposed district and the board of control of
the 4-year eligible university or institute. If the university lies
within 2 adjoining local governmental units, the university may
file a request with both of the clerks of the local governmental
units.
(4) The boundaries of an established district may be altered
to include or exclude land upon the request of the owners of record
of the affected real property and with the written consent of the
owners of record of 75% of the land within the district as
established and the board of control of the university. The
district as altered shall satisfy the requirements provided in
subsection (1).
(5) After receiving a proper written request and before
adopting a resolution establishing or altering a district, the
legislative body shall set a date for a public hearing on the
request and shall publish a notice of the hearing. The legislative
body shall also give written notice of the hearing to all of the
owners of record of real property within the proposed district and
to the legislative body of each taxing unit which levies ad valorem
property taxes on the real property within the proposed district.
The notice shall be given by certified mail not less than 10 nor
more than 30 days before the date of the hearing.
(6) A district established by a township shall affect only
land within the unincorporated territory of the township and shall
not affect land within a village located in that township.
(7) Land included as part of a district may also be part of a
district or development area established under any of the
following:
(a)
The commercial redevelopment act, Act No. 255 of the
Public
Acts of 1978, being sections 207.651 to 207.668 of the
Michigan Compiled Laws 1978 PA 255, MCL 207.651 to 207.668.
(b)
Act No. 198 of the Public Acts of 1974, being sections
207.551
to 207.571 of the Michigan Compiled Laws 1974 PA 198, MCL
207.551 to 207.572.
(c)
Act No. 197 of the Public Acts of 1975, being sections
125.1651
to 125.1681 of the Michigan Compiled Laws 1975 PA 197, MCL
125.1651 to 125.1681.
(d)
The tax increment finance authority act, Act No. 450 of
the
Public Acts of 1980, being sections 125.1801 to 125.1830 of the
Michigan Compiled Laws 1980 PA 450, MCL 125.1801 to 125.1830.
(8) Technology park facilities exemption certificates that
take effect on or after October 1, 2010 shall include written
provisions that provide that if the owner or lessee of the facility
to whom the certificate is issued relocates the facility outside of
this state during the period in which the certificate is in effect,
then both of the following apply:
(a) That owner or lessee is responsible for the payment of a
penalty described in this subsection. The penalty is equal to the
difference between the technology park facilities tax paid under
this act and the general ad valorem tax that would have been levied
if the certificate had not been granted for each year the
certificate was in effect.
(b) That the owner or lessee consents to the jurisdiction of
the courts of this state for the collection and enforcement of a
penalty described in this subsection.