HOUSE BILL No. 4104

 

January 18, 2011, Introduced by Rep. Meadows and referred to the Committee on Tax Policy.

 

     A bill to amend 2002 PA 593, entitled

 

"Michigan next energy authority act,"

 

by amending section 5 (MCL 207.825), as amended by 2007 PA 189.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) Except as otherwise provided in this act, the

 

authority may do all things necessary to implement the purposes of

 

this act, including, but not limited to, all of the following:

 

     (a) Adopt, amend, and repeal bylaws for the regulation of its

 

affairs and the conduct of its business.

 

     (b) Adopt an official seal and alter the seal at the pleasure

 

of the board.

 

     (c) Sue and be sued in its own name and plead and be

 

impleaded.

 


     (d) Solicit and accept gifts, grants, loans, and other

 

assistance from any person or the federal, the state, or a local

 

government or any agency of the federal, the state, or a local

 

government or participate in any other way in any federal, state,

 

or local government program.

 

     (e) Research and publish studies, investigations, surveys, and

 

findings on the development and use of alternative energy

 

technology.

 

     (f) Promote the research, development, and manufacturing of

 

alternative energy technology.

 

     (g) Do all other things necessary to promote and increase the

 

research, development, and manufacturing of alternative energy

 

technology and to otherwise achieve the objectives and purposes of

 

the authority.

 

     (2) The authority shall certify all of the following personal

 

property and shall provide proof of certification to the assessor

 

of the local tax collecting unit in which the following personal

 

property is located:

 

     (a) Alternative energy marine propulsion systems, alternative

 

energy systems, and alternative energy vehicles that meet both of

 

the following requirements:

 

     (i) Were not previously subject to the collection of taxes

 

under the general property tax act, 1893 PA 206, MCL 211.1 to

 

211.155, or, after December 31, 2011, the personal property

 

specific tax act.

 

     (ii) Were not previously exempt from the collection of taxes

 

under the general property tax act, 1893 PA 206, MCL 211.1 to

 


211.155, except for personal property exempt under section 9c or 9i

 

of the general property tax act, 1893 PA 206, MCL 211.9c and

 

211.9i, or, after December 31, 2011, the personal property specific

 

tax act, except for personal property exempt under section 8 or 16

 

of the personal property specific tax act.

 

     (b) Tangible personal property of a business that is an

 

alternative energy technology business that meets both of the

 

following requirements:

 

     (i) Was not previously subject to the collection of taxes under

 

the general property tax act, 1893 PA 206, MCL 211.1 to 211.155,

 

or, after December 31, 2011, the personal property specific tax

 

act.

 

     (ii) Was not previously exempt from the collection of taxes

 

under the general property tax act, 1893 PA 206, MCL 211.1 to

 

211.155, except for personal property exempt under section 9c or 9i

 

of the general property tax act, 1893 PA 206, MCL 211.9c and

 

211.9i, or, after December 31, 2011, the personal property specific

 

tax act, except for personal property exempt under section 8 or 16

 

of the personal property specific tax act.

 

     (c) Tangible personal property of a business that is not an

 

alternative energy technology business that is used solely for the

 

purpose of researching, developing, or manufacturing an alternative

 

energy technology that meets both of the following requirements:

 

     (i) Was not previously subject to the collection of taxes under

 

the general property tax act, 1893 PA 206, MCL 211.1 to 211.155,

 

or, after December 31, 2011, the personal property specific tax

 

act.

 


     (ii) Was not previously exempt from the collection of taxes

 

under the general property tax act, 1893 PA 206, MCL 211.1 to

 

211.155, except for personal property exempt under section 9c or 9i

 

of the general property tax act, 1893 PA 206, MCL 211.9c and

 

211.9i, or, after December 31, 2011, the personal property specific

 

tax act, except for personal property exempt under section 8 or 16

 

of the personal property specific tax act.

 

     (3) The authority shall certify and provide proof of

 

certification of the following business entities:

 

     (a) An alternative energy technology business. The authority

 

shall provide proof of certification to the assessor of the local

 

tax collecting unit in which the alternative energy technology

 

business is located.

 

     (b) A taxpayer as an eligible taxpayer for the purposes of

 

claiming the credit under section 39e(2) of the former single

 

business tax act, 1975 PA 228, or under section 429 of the Michigan

 

business tax act, 2007 PA 36, MCL 208.1429.

 

     (4) The authority shall certify and provide proof of

 

certification of the qualified business activity of a taxpayer

 

eligible under subsection (3)(b). As used in this subsection,

 

"qualified business activity" means that term as defined in section

 

39e of the former single business tax act, 1975 PA 228, or in

 

section 429 of the Michigan business tax act, 2007 PA 36, MCL

 

208.1429.

 

     (5) The authority shall not operate an alternative energy

 

technology business or otherwise engage in the manufacturing of any

 

commercial products.

 


     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4103(request no.

 

00489'11 a) of the 96th Legislature is enacted into law.