HOUSE BILL No. 5435

 

 

January 18, 2018, Introduced by Reps. Leutheuser and Frederick and referred to the Committee on Commerce and Trade.

 

     A bill to amend 2005 PA 210, entitled

 

"Commercial rehabilitation act,"

 

by amending section 12 (MCL 207.852).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12. (1) The legislative body of the qualified local

 

governmental unit may, by resolution, revoke the commercial

 

rehabilitation exemption certificate of a facility if it finds that

 

the completion of rehabilitation of the qualified facility has not

 

occurred within the time authorized by the legislative body in the

 

exemption certificate or a duly authorized extension of that time,

 

or that the holder of the commercial rehabilitation exemption

 

certificate has not proceeded in good faith with the operation of

 

the qualified facility in a manner consistent with the purposes of

 

this act and in the absence of circumstances that are beyond the

 


control of the holder of the exemption certificate.

 

     (2) Upon receipt of a request by certified mail to the

 

legislative body of the qualified local governmental unit by the

 

holder of a commercial rehabilitation exemption certificate

 

requesting revocation of the certificate, the legislative body of

 

the qualified local governmental unit shall by order revoke the

 

certificate in whole or revoke the certificate with respect to its

 

real property component, or its personal property component,

 

whichever is requested.

 

     (3) Upon the written request of the holder of a revoked

 

commercial rehabilitation exemption certificate to the legislative

 

body of the qualified local governmental unit and the commission or

 

upon the application of a subsequent owner to the legislative body

 

of the qualified local governmental unit to transfer the revoked

 

commercial rehabilitation exemption certificate to a subsequent

 

owner, and the submission to the commission of a resolution of

 

concurrence by the legislative body of the qualified local

 

governmental unit in which the qualified facility is located, and

 

if the qualified facility continues to qualify under this act, the

 

commission may reinstate a revoked commercial rehabilitation

 

exemption certificate for the holder or a subsequent owner that has

 

applied for the transfer.