HOUSE BILL No. 4336

 

 

March 8, 2017, Introduced by Reps. LaSata, Kahle, Hughes, Pagel, Hoadley, Faris, Sneller, Whiteford and Miller and referred to the Committee on Tax Policy.

 

     A bill to amend 1893 PA 206, entitled

 

"The general property tax act,"

 

by amending section 120 (MCL 211.120), as amended by 2003 PA 140.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 120. (1) A person claiming an exemption under section 7cc

 

shall not do any of the following:

 

     (a) Make a false or fraudulent affidavit claiming an exemption

 

or a false statement on an affidavit claiming an exemption.

 

     (b) Aid, abet, or assist another in an attempt to wrongfully

 

obtain an exemption.

 

     (c) Make or permit to be made for himself or herself or for

 

any other person a false affidavit claiming an exemption or a false

 

statement on an affidavit claiming an exemption, either in whole or

 

in part.

 

     (d) Fail to rescind an exemption after the property subject to

 


that exemption is no longer a principal residence as defined in

 

section 7dd.

 

     (e) Claim a substantially similar exemption, deduction, or

 

credit on property in another state.

 

     (2) A person who violates a provision of subsection (1) with

 

the intent to wrongfully obtain or attempt to obtain an exemption

 

under section 7cc is guilty of a misdemeanor punishable by

 

imprisonment of not more than 1 year and punishable by a fine of

 

not more than $5,000.00 or public service of not more than 1,500

 

hours, or both.

 

     (3) In addition to the penalties provided in subsection (2), a

 

person who knowingly swears to or verifies an affidavit claiming an

 

exemption under section 7cc, or an affidavit claiming any exemption

 

under section 7cc that contains a false or fraudulent statement,

 

with the intent to aid, abet, or assist in defrauding this state or

 

a political subdivision of this state, is guilty of perjury, a

 

misdemeanor punishable by imprisonment of not more than 1 year and

 

punishable by a fine of not more than $5,000.00 or public service

 

of not more than 1,500 hours, or both.

 

     (4) A person who does not violate a provision of subsection

 

(1), but who knowingly violates any other provision of this act

 

with the intent to defraud this state or a political subdivision of

 

this state, is guilty of a misdemeanor punishable by a fine of not

 

more than $1,000.00 or public service of not more than 500 hours,

 

or both.

 

     (5) The attorney general and the prosecuting attorney of each

 

county of this state have concurrent power to enforce this act.


     (6) The penalty provisions set forth in subsections (2), (3),

 

and (4) do not apply to a violation of subsection (1) or any other

 

provision of this act occurring before December 31, 1995.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4335 (request no.

 

01865'17) of the 99th Legislature is enacted into law.