December 14, 2005, Introduced by Reps. Lemmons, III, Lemmons, Jr. and Cheeks and referred to the Committee on Commerce.
A bill to amend 1992 PA 147, entitled
"Neighborhood enterprise zone act,"
by amending section 4 (MCL 207.774), as amended by 2004 PA 566.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The owner or developer or prospective owner or
developer of a proposed new facility or an owner or developer or
prospective developer proposing to rehabilitate property located in
a neighborhood enterprise zone may file an application for a
neighborhood enterprise zone certificate with the clerk of the
local governmental unit. The application shall be filed in the
manner and form prescribed by the commission. Except as provided in
subsection (2) or as otherwise provided by the local governmental
unit by resolution, the application shall be filed before a
building permit is issued for the new construction or
rehabilitation of the facility.
(2) An application may be filed after a building permit is
issued only if 1 or more of the following apply:
(a) For the rehabilitation of a facility if the area in which
the facility is located is designated as a neighborhood enterprise
zone by the governing body of the local governmental unit in the
calendar year 1992 and if the building permit is issued for the
rehabilitation before December 31, 1994 and after the date on which
the area in which the facility is located was designated as a
neighborhood enterprise zone by the governing body of the local
governmental unit.
(b) For the construction of a new facility if the area in
which the new facility is located is designated as a neighborhood
enterprise zone by the governing body of the local governmental
unit in calendar year 1992 or 1993 and if the building permit is
issued for that new facility before December 31, 1995 and after
January 1, 1993.
(c) For the construction of a new facility if the area in
which the new facility is located is designated as a neighborhood
enterprise zone by the governing body of the local governmental
unit in July 1997 and if the building permit is issued for that new
facility on February 3, 1998.
(d) For a new facility or a rehabilitated facility if the area
in which the new facility or rehabilitated facility is located was
designated as a neighborhood enterprise zone by the governing body
of the local governmental unit in July 1996 and if the building
permit was issued for that facility on or before July 3, 2001.
(e) For a new facility or a rehabilitated facility if the area
in which the new facility or rehabilitated facility is located was
designated as a neighborhood enterprise zone by the governing body
of the local governmental unit in October 1994 and if the building
permit was issued for that facility on or before April 25, 1997.
(f) For the construction of a new facility if the area in
which the new facility is located is designated as a neighborhood
enterprise zone by the governing body of the local governmental
unit in September 2001 and if the building permit is issued for
that new facility on March 3, 2003.
(g) For a rehabilitated facility if all or a portion of the
rehabilitated facility is a qualified historic building.
(h) For the construction of a new facility if the area in
which the new facility is located is designated as a neighborhood
enterprise zone by the governing body of the local governmental
unit in July 1993 and the new facility was a model home.
(i) For the construction of a new facility if the area in
which the new facility is located is designated as a neighborhood
enterprise zone by the governing body of the local governmental
unit in August 2004 and if building permits were issued for that
facility beginning November 5, 2002 through December 23, 2003.
(3) The application shall contain or be accompanied by all of
the following:
(a) A general description of the new facility or proposed
rehabilitated facility.
(b) The dimensions of the parcel on which the new facility or
proposed rehabilitated facility is or is to be located.
(c) The general nature and extent of the construction to be
undertaken.
(d) A time schedule for undertaking and completing the
rehabilitation of property or the construction of the new facility.
(e) Any other information required by the local governmental
unit.
(4) Notwithstanding any other provisions of this act, for any
certificate issued as a result of the enactment of the amendatory
act that added subsection (2)(c), the effective date of the
certificate shall be the first day of the tax year following the
year the certificate is approved by the commission.
(5) Notwithstanding any other provisions of this act, for any
certificate issued as a result of the enactment of the amendatory
act that added subsection (2)(d) or the amendatory act that added
subsection (2)(e), the effective date of the certificate shall be
January 1, 2001.