Bill Text: MI SB0047 | 2019-2020 | 100th Legislature | Engrossed


Bill Title: Property tax; assessments; placement of solar panels on residential real property; exclude from assessment of true cash value. Amends secs. 27 & 34d of 1893 PA 206 (MCL 211.27 & 211.34d). TIE BAR WITH: SB 0048'19

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2019-06-19 - Referred To Second Reading [SB0047 Detail]

Download: Michigan-2019-SB0047-Engrossed.html

SB-0047, As Passed Senate, June 12, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 47

 

 

January 22, 2019, Introduced by Senators BARRETT, IRWIN, WOJNO and ALEXANDER and referred to the Committee on Finance.

 

 

 

     A bill to amend 1893 PA 206, entitled

 

"The general property tax act,"

 

by amending sections 27 and 34d (MCL 211.27 and 211.34d), section

 

27 as amended by 2013 PA 162 and section 34d as amended by 2014 PA

 

164.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 27. (1) As used in this act, "true cash value" means the

 

usual selling price at the place where the property to which the

 

term is applied is at the time of assessment, being the price that

 

could be obtained for the property at private sale, and not at

 

auction sale except as otherwise provided in this section, or at


forced sale. The usual selling price may include sales at public

 

auction held by a nongovernmental agency or person if those sales

 

have become a common method of acquisition in the jurisdiction for

 

the class of property being valued. The usual selling price does

 

not include sales at public auction if the sale is part of a

 

liquidation of the seller's assets in a bankruptcy proceeding or if

 

the seller is unable to use common marketing techniques to obtain

 

the usual selling price for the property. A sale or other

 

disposition by this state or an agency or political subdivision of

 

this state of land acquired for delinquent taxes or an appraisal

 

made in connection with the sale or other disposition or the value

 

attributed to the property of regulated public utilities by a

 

governmental regulatory agency for rate-making purposes is not

 

controlling evidence of true cash value for assessment purposes. In

 

determining the true cash value, the assessor shall also consider

 

the advantages and disadvantages of location; quality of soil;

 

zoning; existing use; present economic income of structures,

 

including farm structures; present economic income of land if the

 

land is being farmed or otherwise put to income producing use;

 

quantity and value of standing timber; water power and privileges;

 

minerals, quarries, or other valuable deposits not otherwise exempt

 

under this act known to be available in the land and their value.

 

In determining the true cash value of personal property owned by an

 

electric utility cooperative, the assessor shall consider the

 

number of kilowatt hours of electricity sold per mile of

 

distribution line compared to the average number of kilowatt hours

 

of electricity sold per mile of distribution line for all electric


utilities.

 

     (2) The assessor shall not consider the increase in true cash

 

value that is a result of expenditures for normal repairs,

 

replacement, and maintenance in determining the true cash value of

 

property for assessment purposes until the property is sold. For

 

the purpose of implementing this subsection, the assessor shall not

 

increase the construction quality classification or reduce the

 

effective age for depreciation purposes, except if the appraisal of

 

the property was erroneous before nonconsideration of the normal

 

repair, replacement, or maintenance, and shall not assign an

 

economic condition factor to the property that differs from the

 

economic condition factor assigned to similar properties as defined

 

by appraisal procedures applied in the jurisdiction. The increase

 

in value attributable to the items included in subdivisions (a) to

 

(o) (p) that is known to the assessor and excluded from true cash

 

value shall be indicated on the assessment roll. This subsection

 

applies only to residential property. The following repairs are

 

considered normal maintenance if they are not part of a structural

 

addition or completion:

 

     (a) Outside painting.

 

     (b) Repairing or replacing siding, roof, porches, steps,

 

sidewalks, or drives.

 

     (c) Repainting, repairing, or replacing existing masonry.

 

     (d) Replacing awnings.

 

     (e) Adding or replacing gutters and downspouts.

 

     (f) Replacing storm windows or doors.

 

     (g) Insulating or weatherstripping.


     (h) Complete rewiring.

 

     (i) Replacing plumbing and light fixtures.

 

     (j) Replacing a furnace with a new furnace of the same type or

 

replacing an oil or gas burner.

 

     (k) Repairing plaster, inside painting, or other redecorating.

 

     (l) New ceiling, wall, or floor surfacing.

 

     (m) Removing partitions to enlarge rooms.

 

     (n) Replacing an automatic hot water heater.

 

     (o) Replacing dated interior woodwork.

 

     (p) Installing, replacing, or repairing an alternative energy

 

system, without regard to ownership of the system, with a

 

generating capacity of not more than 150 kilowatts, the annual

 

energy output of which does not exceed the annual energy

 

consumption measured by the utility-provided electrical meter on

 

the system to which it is connected. As used in this subdivision,

 

"alternative energy system" means that term as defined in section 2

 

of the Michigan next energy authority act, 2002 PA 593, MCL

 

207.822.

 

     (3) A city or township assessor, a county equalization

 

department, or the state tax commission before utilizing real

 

estate sales data on real property purchases, including purchases

 

by land contract, to determine assessments or in making sales ratio

 

studies to assess property or equalize assessments shall exclude

 

from the sales data the following amounts allowed by subdivisions

 

(a), (b), and (c) to the extent that the amounts are included in

 

the real property purchase price and are so identified in the real

 

estate sales data or certified to the assessor as provided in


subdivision (d):

 

     (a) Amounts paid for obtaining financing of the purchase price

 

of the property or the last conveyance of the property.

 

     (b) Amounts attributable to personal property that were

 

included in the purchase price of the property in the last

 

conveyance of the property.

 

     (c) Amounts paid for surveying the property pursuant to the

 

last conveyance of the property. The legislature may require local

 

units of government, including school districts, to submit reports

 

of revenue lost under subdivisions (a) and (b) and this subdivision

 

so that the state may reimburse those units for that lost revenue.

 

     (d) The purchaser of real property, including a purchaser by

 

land contract, may file with the assessor of the city or township

 

in which the property is located 2 copies of the purchase agreement

 

or of an affidavit that identifies the amount, if any, for each

 

item listed in subdivisions (a) to (c). One copy shall be forwarded

 

by the assessor to the county equalization department. The

 

affidavit shall be prescribed by the state tax commission.

 

     (4) In finalizing sales studies for property classified as

 

agricultural real property under section 34c, an assessor and

 

equalization director shall determine if an affidavit for the

 

property has been filed under section 27a(7)(n). 27a(7)(o). If an

 

affidavit has not been filed, the property shall be reviewed to

 

determine if classification as agricultural real property under

 

section 34c is correct or should be changed. The assessor for the

 

local tax collecting unit in which the property is located shall

 

contact the property owner to determine why the property owner did


not file an affidavit under section 27a(7)(n). 27a(7)(o). Unless

 

there are convincing facts to the contrary, the sale of property

 

classified as agricultural real property under section 34c for

 

which an affidavit under section 27a(7)(n) 27a(7)(o) has not been

 

filed shall not be included in a sales study.

 

     (5) As used in subsection (1), "present economic income" means

 

for leased or rented property the ordinary, general, and usual

 

economic return realized from the lease or rental of property

 

negotiated under current, contemporary conditions between parties

 

equally knowledgeable and familiar with real estate values. The

 

actual income generated by the lease or rental of property is not

 

the controlling indicator of its true cash value in all cases. This

 

subsection does not apply to property subject to a lease entered

 

into before January 1, 1984 for which the terms of the lease

 

governing the rental rate or tax liability have not been

 

renegotiated after December 31, 1983. This subsection does not

 

apply to a nonprofit housing cooperative subject to regulatory

 

agreements between the state or federal government entered into

 

before January 1, 1984. As used in this subsection, "nonprofit

 

cooperative housing corporation" means a nonprofit cooperative

 

housing corporation that is engaged in providing housing services

 

to its stockholders and members and that does not pay dividends or

 

interest upon stock or membership investment but that does

 

distribute all earnings to its stockholders or members.

 

     (6) Except as otherwise provided in subsection (7), the

 

purchase price paid in a transfer of property is not the

 

presumptive true cash value of the property transferred. In


determining the true cash value of transferred property, an

 

assessing officer shall assess that property using the same

 

valuation method used to value all other property of that same

 

classification in the assessing jurisdiction. As used in this

 

subsection and subsection (7), "purchase price" means the total

 

consideration agreed to in an arms-length transaction and not at a

 

forced sale paid by the purchaser of the property, stated in

 

dollars, whether or not paid in dollars.

 

     (7) The purchase price paid in a transfer of eligible

 

nonprofit housing property from a charitable nonprofit housing

 

organization to a low-income person that occurs after December 31,

 

2010 is the presumptive true cash value of the eligible nonprofit

 

housing property transferred. In the year immediately succeeding

 

the year in which the transfer of eligible nonprofit housing

 

property occurs and each year thereafter, the taxable value of the

 

eligible nonprofit housing property shall be adjusted as provided

 

under section 27a. As used in this subsection:

 

     (a) "Charitable nonprofit housing organization" means a

 

charitable nonprofit organization the primary purpose of which is

 

the construction or renovation of residential housing for

 

conveyance to a low-income person.

 

     (b) "Eligible nonprofit housing property" means property owned

 

by a charitable nonprofit housing organization, the ownership of

 

which the charitable nonprofit housing organization intends to

 

transfer to a low-income person after construction or renovation of

 

the property is completed.

 

     (c) "Family income" and "statewide median gross income" mean


those terms as defined in section 11 of the state housing

 

development authority act of 1966, 1966 PA 346, MCL 125.1411.

 

     (d) "Low-income person" means a person with a family income of

 

not more than 60% of the statewide median gross income who is

 

eligible to participate in the charitable nonprofit housing

 

organization's program based on criteria established by the

 

charitable nonprofit housing organization.

 

     (8) For purposes of a statement submitted under section 19,

 

the true cash value of a standard tool is the net book value of

 

that standard tool as of December 31 in each tax year as determined

 

using generally accepted accounting principles in a manner

 

consistent with the established depreciation method used by the

 

person submitting that statement. The net book value of a standard

 

tool for federal income tax purposes is not the presumptive true

 

cash value of that standard tool. As used in this subsection,

 

"standard tool" means that term as defined in section 9b.

 

     Sec. 34d. (1) As used in this section or section 27a, or

 

section 3 or 31 of article IX of the state constitution of 1963:

 

     (a) For taxes levied before 1995, "additions" means all

 

increases in value caused by new construction or a physical

 

addition of equipment or furnishings, and the value of property

 

that was exempt from taxes or not included on the assessment unit's

 

immediately preceding year's assessment roll.

 

     (b) For taxes levied after 1994, "additions" means, except as

 

provided in subdivision (c), all of the following:

 

     (i) Omitted real property. As used in this subparagraph,

 

"omitted real property" means previously existing tangible real


property not included in the assessment. Omitted real property

 

shall not increase taxable value as an addition unless the

 

assessing jurisdiction has a property record card or other

 

documentation showing that the omitted real property was not

 

previously included in the assessment. The assessing jurisdiction

 

has the burden of proof in establishing whether the omitted real

 

property is included in the assessment. Omitted real property for

 

the current and the 2 immediately preceding years, discovered after

 

the assessment roll has been completed, shall be added to the tax

 

roll pursuant to the procedures established in section 154. For

 

purposes of determining the taxable value of real property under

 

section 27a, the value of omitted real property is based on the

 

value and the ratio of taxable value to true cash value the omitted

 

real property would have had if the property had not been omitted.

 

     (ii) Omitted personal property. As used in this subparagraph,

 

"omitted personal property" means previously existing tangible

 

personal property not included in the assessment. Omitted personal

 

property shall be added to the tax roll pursuant to section 154.

 

     (iii) New construction. As used in this subparagraph, "new

 

construction" means property not in existence on the immediately

 

preceding tax day and not replacement construction. New

 

construction includes the physical addition of equipment or

 

furnishings, subject to the provisions set forth in section

 

27(2)(a) to (o). (p). For purposes of determining the taxable value

 

of property under section 27a, the value of new construction is the

 

true cash value of the new construction multiplied by 0.50.

 

     (iv) Previously exempt property. As used in this subparagraph,


"previously exempt property" means property that was exempt from ad

 

valorem taxation under this act on the immediately preceding tax

 

day but is subject to ad valorem taxation on the current tax day

 

under this act. For purposes of determining the taxable value of

 

real property under section 27a:

 

     (A) The value of property previously exempt under section 7u

 

is the taxable value the entire parcel of property would have had

 

if that property had not been exempt, minus the product of the

 

entire parcel's taxable value in the immediately preceding year and

 

the lesser of 1.05 or the inflation rate.

 

     (B) The taxable value of property that is a facility as that

 

term is defined in section 2 of 1974 PA 198, MCL 207.552, that was

 

previously exempt under section 7k is the taxable value that

 

property would have had under this act if it had not been exempt.

 

     (C) The value of property previously exempt under any other

 

section of law is the true cash value of the previously exempt

 

property multiplied by 0.50.

 

     (v) Replacement construction. As used in this subparagraph,

 

"replacement construction" means construction that replaced

 

property damaged or destroyed by accident or act of God and that

 

occurred after the immediately preceding tax day to the extent the

 

construction's true cash value does not exceed the true cash value

 

of property that was damaged or destroyed by accident or act of God

 

in the immediately preceding 3 years. Except as otherwise provided

 

in this subparagraph, for purposes of determining the taxable value

 

of property under section 27a, the value of the replacement

 

construction is the true cash value of the replacement construction


multiplied by a fraction, the numerator of which is the taxable

 

value of the property to which the construction was added in the

 

immediately preceding year and the denominator of which is the true

 

cash value of the property to which the construction was added in

 

the immediately preceding year, and then multiplied by the lesser

 

of 1.05 or the inflation rate. However, after December 31, 2011,

 

for purposes of determining the taxable value of property under

 

section 27a, if the property's replacement construction is of

 

substantially the same materials as determined by the state tax

 

commission, if the square footage is not more than 5% greater than

 

the property that was damaged or destroyed, and if the replacement

 

construction is completed not later than December 31 in the year 3

 

years after the accident or act of God occurred, the replacement

 

construction's taxable value shall be equal to the taxable value of

 

the property in the year immediately preceding the year in which

 

the property was damaged or destroyed, adjusted annually as

 

provided in section 27a(2). Any construction materials required to

 

bring the property into compliance with any applicable health,

 

sanitary, zoning, safety, fire, or construction codes or ordinances

 

shall be considered to be substantially the same materials by the

 

state tax commission for the sake of replacement construction under

 

this section.

 

     (vi) An increase in taxable value attributable to the complete

 

or partial remediation of environmental contamination existing on

 

the immediately preceding tax day. The department of environmental

 

quality shall determine the degree of remediation based on

 

information available in existing department of environmental


quality records or information made available to the department of

 

environmental quality if the appropriate assessing officer for a

 

local tax collecting unit requests that determination. The increase

 

in taxable value attributable to the remediation is the increase in

 

true cash value attributable to the remediation multiplied by a

 

fraction, the numerator of which is the taxable value of the

 

property had it not been contaminated and the denominator of which

 

is the true cash value of the property had it not been

 

contaminated.

 

     (vii) Public services. As used in this subparagraph, "public

 

services" means water service, sewer service, a primary access

 

road, natural gas service, electrical service, telephone service,

 

sidewalks, or street lighting. For purposes of determining the

 

taxable value of real property under section 27a, the value of

 

public services is the amount of increase in true cash value of the

 

property attributable to the available public services multiplied

 

by 0.50, and shall be added in the calendar year following the

 

calendar year when those public services are initially available.

 

     (c) For taxes levied after 1994, additions do not include

 

increased value attributable to any of the following:

 

     (i) Platting, splits, or combinations of property.

 

     (ii) A change in the zoning of property.

 

     (iii) For the purposes of the calculation of the millage

 

reduction fraction under subsection (7) only, increased taxable

 

value under section 27a(3) after a transfer of ownership of

 

property.

 

     (d) "Assessed valuation of property as finally equalized"


means taxable value under section 27a.

 

     (e) "Financial officer" means the officer responsible for

 

preparing the budget of a unit of local government.

 

     (f) "General price level" means the annual average of the 12

 

monthly values for the United States consumer price index Consumer

 

Price Index for all urban consumers as defined and officially

 

reported by the United States department Department of labor,

 

bureau Labor, Bureau of labor statistics.Labor Statistics.

 

     (g) For taxes levied before 1995, "losses" means a decrease in

 

value caused by the removal or destruction of real or personal

 

property and the value of property taxed in the immediately

 

preceding year that has been exempted or removed from the

 

assessment unit's assessment roll.

 

     (h) For taxes levied after 1994, "losses" means, except as

 

provided in subdivision (i), all of the following:

 

     (i) Property that has been destroyed or removed. For purposes

 

of determining the taxable value of property under section 27a, the

 

value of property destroyed or removed is the product of the true

 

cash value of that property multiplied by a fraction, the numerator

 

of which is the taxable value of that property in the immediately

 

preceding year and the denominator of which is the true cash value

 

of that property in the immediately preceding year.

 

     (ii) Property that was subject to ad valorem taxation under

 

this act in the immediately preceding year that is now exempt from

 

ad valorem taxation under this act. For purposes of determining the

 

taxable value of property under section 27a, the value of property

 

exempted from ad valorem taxation under this act is the amount


exempted.

 

     (iii) Prior to December 31, 2013, an adjustment in value, if

 

any, because of a decrease in the property's occupancy rate, to the

 

extent provided by law. For purposes of determining the taxable

 

value of real property under section 27a, the value of a loss for a

 

decrease in the property's occupancy rate is the product of the

 

decrease in the true cash value of the property attributable to the

 

decreased occupancy rate multiplied by a fraction, the numerator of

 

which is the taxable value of the property in the immediately

 

preceding year and the denominator of which is the true cash value

 

of the property in the immediately preceding year.

 

     (iv) A decrease in taxable value attributable to environmental

 

contamination existing on the immediately preceding tax day. The

 

department of environmental quality shall determine the degree to

 

which environmental contamination limits the use of property based

 

on information available in existing department of environmental

 

quality records or information made available to the department of

 

environmental quality if the appropriate assessing officer for a

 

local tax collecting unit requests that determination. The

 

department of environmental quality's determination of the degree

 

to which environmental contamination limits the use of property

 

shall be based on the criteria established for the categories set

 

forth in section 20120a(1) of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.20120a. The

 

decrease in taxable value attributable to the contamination is the

 

decrease in true cash value attributable to the contamination

 

multiplied by a fraction, the numerator of which is the taxable


value of the property had it not been contaminated and the

 

denominator of which is the true cash value of the property had it

 

not been contaminated.

 

     (i) For taxes levied after 1994, losses do not include

 

decreased value attributable to either of the following:

 

     (i) Platting, splits, or combinations of property.

 

     (ii) A change in the zoning of property.

 

     (j) "New construction and improvements" means additions less

 

losses.

 

     (k) "Current year" means the year for which the millage

 

limitation is being calculated.

 

     (l) "Inflation rate" means the ratio of the general price

 

level for the state fiscal year ending in the calendar year

 

immediately preceding the current year divided by the general price

 

level for the state fiscal year ending in the calendar year before

 

the year immediately preceding the current year.

 

     (2) On or before the first Monday in May of each year, the

 

assessing officer of each township or city shall tabulate the

 

tentative taxable value as approved by the local board of review

 

and as modified by county equalization for each classification of

 

property that is separately equalized for each unit of local

 

government and provide the tabulated tentative taxable values to

 

the county equalization director. The tabulation by the assessing

 

officer shall contain additions and losses for each classification

 

of property that is separately equalized for each unit of local

 

government or part of a unit of local government in the township or

 

city. If as a result of state equalization the taxable value of


property changes, the assessing officer of each township or city

 

shall revise the calculations required by this subsection on or

 

before the Friday following the fourth Monday in May. The county

 

equalization director shall compute these amounts and the current

 

and immediately preceding year's taxable values for each

 

classification of property that is separately equalized for each

 

unit of local government that levies taxes under this act within

 

the boundary of the county. The county equalization director shall

 

cooperate with equalization directors of neighboring counties, as

 

necessary, to make the computation for units of local government

 

located in more than 1 county. The county equalization director

 

shall calculate the millage reduction fraction for each unit of

 

local government in the county for the current year. The financial

 

officer for each taxing jurisdiction shall calculate the compounded

 

millage reduction fractions beginning in 1980 resulting from the

 

multiplication of successive millage reduction fractions and shall

 

recognize a local voter action to increase the compounded millage

 

reduction fraction to a maximum of 1 as a new beginning fraction.

 

Upon request of the superintendent of the intermediate school

 

district, the county equalization director shall transmit the

 

complete computations of the taxable values to the superintendent

 

of the intermediate school district within that county. At the

 

request of the presidents of community colleges, the county

 

equalization director shall transmit the complete computations of

 

the taxable values to the presidents of community colleges within

 

the county.

 

     (3) On or before the first Monday in June of each year, the


county equalization director shall deliver the statement of the

 

computations signed by the county equalization director to the

 

county treasurer.

 

     (4) On or before the second Monday in June of each year, the

 

treasurer of each county shall certify the immediately preceding

 

year's taxable values, the current year's taxable values, the

 

amount of additions and losses for the current year, and the

 

current year's millage reduction fraction for each unit of local

 

government that levies a property tax in the county.

 

     (5) The financial officer of each unit of local government

 

shall make the computation of the tax rate using the data certified

 

by the county treasurer and the state tax commission. At the annual

 

session in October, or, for a county or local tax collecting unit

 

that approves under section 44a(2) the accelerated collection in a

 

summer property tax levy of a millage that had been previously

 

billed and collected as in a preceding tax year as part of the

 

winter property tax levy, before a special meeting held before the

 

annual levy on July 1, the county board of commissioners shall not

 

authorize the levy of a tax unless the governing body of the taxing

 

jurisdiction has certified that the requested millage has been

 

reduced, if necessary, in compliance with section 31 of article IX

 

of the state constitution of 1963.

 

     (6) The number of mills permitted to be levied in a tax year

 

is limited as provided in this section pursuant to section 31 of

 

article IX of the state constitution of 1963. A unit of local

 

government shall not levy a tax rate greater than the rate

 

determined by reducing its maximum rate or rates authorized by law


or charter by a millage reduction fraction as provided in this

 

section without voter approval.

 

     (7) A millage reduction fraction shall be determined for each

 

year for each local unit of government. For ad valorem property

 

taxes that became a lien before January 1, 1983, the numerator of

 

the fraction shall be the total state equalized valuation for the

 

immediately preceding year multiplied by the inflation rate and the

 

denominator of the fraction shall be the total state equalized

 

valuation for the current year minus new construction and

 

improvements. For ad valorem property taxes that become a lien

 

after December 31, 1982 and through December 31, 1994, the

 

numerator of the fraction shall be the product of the difference

 

between the total state equalized valuation for the immediately

 

preceding year minus losses multiplied by the inflation rate and

 

the denominator of the fraction shall be the total state equalized

 

valuation for the current year minus additions. For ad valorem

 

property taxes that are levied after December 31, 1994, the

 

numerator of the fraction shall be the product of the difference

 

between the total taxable value for the immediately preceding year

 

minus losses multiplied by the inflation rate and the denominator

 

of the fraction shall be the total taxable value for the current

 

year minus additions. For each year after 1993, a millage reduction

 

fraction shall not exceed 1.

 

     (8) The compounded millage reduction fraction shall be

 

calculated by multiplying the local unit's previous year's

 

compounded millage reduction fraction by the current year's millage

 

reduction fraction. The compounded millage reduction fraction for


the year shall be multiplied by the maximum millage rate authorized

 

by law or charter for the unit of local government for the year,

 

except as provided by subsection (9). A compounded millage

 

reduction fraction shall not exceed 1.

 

     (9) The millage reduction shall be determined separately for

 

authorized millage approved by the voters. The limitation on

 

millage authorized by the voters on or before April 30 of a year

 

shall be calculated beginning with the millage reduction fraction

 

for that year. Millage authorized by the voters after April 30

 

shall not be subject to a millage reduction until the year

 

following the voter authorization which shall be calculated

 

beginning with the millage reduction fraction for the year

 

following the authorization. The first millage reduction fraction

 

used in calculating the limitation on millage approved by the

 

voters after January 1, 1979 shall not exceed 1.

 

     (10) A millage reduction fraction shall be applied separately

 

to the aggregate maximum millage rate authorized by a charter and

 

to each maximum millage rate authorized by state law for a specific

 

purpose.

 

     (11) A unit of local government may submit to the voters for

 

their approval the levy in that year of a tax rate in excess of the

 

limit set by this section. The ballot question shall ask the voters

 

to approve the levy of a specific number of mills in excess of the

 

limit. The provisions of this section do not allow the levy of a

 

millage rate in excess of the maximum rate authorized by law or

 

charter. If the authorization to levy millage expires after 1993

 

and a local governmental unit is asking voters to renew the


authorization to levy the millage, the ballot question shall ask

 

for renewed authorization for the number of expiring mills as

 

reduced by the millage reduction required by this section. If the

 

election occurs before June 1 of a year, the millage reduction is

 

based on the immediately preceding year's millage reduction

 

applicable to that millage. If the election occurs after May 31 of

 

a year, the millage reduction shall be based on that year's millage

 

reduction applicable to that millage had it not expired.

 

     (12) A reduction or limitation under this section shall not be

 

applied to taxes imposed for the payment of principal and interest

 

on bonds or other evidence of indebtedness or for the payment of

 

assessments or contract obligations in anticipation of which bonds

 

are issued that were authorized before December 23, 1978, as

 

provided by section 4 of chapter I of former 1943 PA 202, or to

 

taxes imposed for the payment of principal and interest on bonds or

 

other evidence of indebtedness or for the payment of assessments or

 

contract obligations in anticipation of which bonds are issued that

 

are approved by the voters after December 22, 1978.

 

     (13) If it is determined subsequent to the levy of a tax that

 

an incorrect millage reduction fraction has been applied, the

 

amount of additional tax revenue or the shortage of tax revenue

 

shall be deducted from or added to the next regular tax levy for

 

that unit of local government after the determination of the

 

authorized rate pursuant to this section.

 

     (14) If as a result of an appeal of county equalization or

 

state equalization the taxable value of a unit of local government

 

changes, the millage reduction fraction for the year shall be


recalculated. The financial officer shall effectuate an addition or

 

reduction of tax revenue in the same manner as prescribed in

 

subsection (13).

 

     (15) The fractions calculated pursuant to this section shall

 

be rounded to 4 decimal places, except that the inflation rate

 

shall be computed by the state tax commission and shall be rounded

 

to 3 decimal places. The state tax commission shall publish the

 

inflation rate before March 1 of each year.

 

     (16) Beginning with taxes levied in 1994, the millage

 

reduction required by section 31 of article IX of the state

 

constitution of 1963 shall permanently reduce the maximum rate or

 

rates authorized by law or charter. The reduced maximum authorized

 

rate or rates for 1994 shall equal the product of the maximum rate

 

or rates authorized by law or charter before application of this

 

section multiplied by the compounded millage reduction applicable

 

to that millage in 1994 pursuant to subsections (8) to (12). The

 

reduced maximum authorized rate or rates for 1995 and each year

 

after 1995 shall equal the product of the immediately preceding

 

year's reduced maximum authorized rate or rates multiplied by the

 

current year's millage reduction fraction and shall be adjusted for

 

millage for which authorization has expired and new authorized

 

millage approved by the voters pursuant to subsections (8) to (12).

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 48  

 

of the 100th Legislature is enacted into law.

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