HB-6222, As Passed House, September 11, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6222

 

June 5, 2008, Introduced by Rep. Rocca and referred to the Committee on Commerce.

 

     A bill to amend 1974 PA 198, entitled

 

"An act to provide for the establishment of plant rehabilitation

districts and industrial development districts in local

governmental units; to provide for the exemption from certain

taxes; to levy and collect a specific tax upon the owners of

certain facilities; to impose and provide for the disposition of an

administrative fee; to provide for the disposition of the tax; to

provide for the obtaining and transferring of an exemption

certificate and to prescribe the contents of those certificates; to

prescribe the powers and duties of the state tax commission and

certain officers of local governmental units; and to provide

penalties,"

 

by amending section 16a (MCL 207.566a), as added by 1996 PA 94.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16a. If an industrial facilities exemption certificate

 

for a replacement facility, a new facility, or a speculative

 

building becomes effective after December 31, 1995, for a period

 

shorter than the maximum period permitted under section 16, then

 


House Bill No. 6222 as amended September 11, 2008

both of the following apply:

 

     (a) The owner or lessee of the replacement facility, new

 

facility, or speculative building may, within the final year in

 

which the certificate is effective[,] within 12 months after the

 

certificate expires, [or, as permitted by the local governmental unit, at

any other time in which the certificate is in effect] apply for another

certificate under this act.

If the legislative body of a local governmental unit disapproves an

 

application submitted under this subdivision, then the applicant

 

has no right of appeal of that decision as described in section 6.

 

     (b) The legislative body of a local governmental unit shall

 

not approve applications for certificates the sum of whose periods

 

exceeds the maximum permitted under section 16 for the user or

 

lessee of a replacement facility, new facility, or speculative

 

building.