HOUSE BILL No. 6330


     September 18, 2002, Introduced by Rep. Clarke 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 2001 PA 93.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 4.  (1) The owner or developer or prospective owner or

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        developer of a proposed new facility or an owner or developer or

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        prospective developer proposing to rehabilitate property located

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        in a neighborhood enterprise zone may file an application for a

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        neighborhood enterprise zone certificate with the clerk of the

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        local governmental unit.  The application shall be filed in the

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        manner and form prescribed by the commission.  Except as provided

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        in subsection (2), the application shall be filed before a build-

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        ing permit is issued for the new construction or rehabilitation

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        of the facility.




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             (2) An application may be filed after a building permit is

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        issued only if 1 or more of the following apply:

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             (a) For the rehabilitation of a facility if the area in

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        which the facility is located is designated as a neighborhood

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        enterprise zone by the governing body of the local governmental

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        unit in the calendar year 1992 and if the building permit is

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        issued for the rehabilitation before December 31, 1994 and after

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        the date on which the area in which the facility is located was

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        designated as a neighborhood enterprise zone by the governing

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        body of the local governmental unit.

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             (b) For the construction of a new facility if the area in

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        which the new facility is located is designated as a neighborhood

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        enterprise zone by the governing body of the local governmental

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        unit in calendar year 1992 or 1993 and if the building permit is

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        issued for that new facility before December 31, 1995 and after

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        January 1, 1993.

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             (c) For the construction of a new facility if the area in

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        which the new facility is located is designated as a neighborhood

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        enterprise zone by the governing body of the local governmental

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        unit in July 1997 and if the building permit is issued for that

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        new facility on February 3, 1998.

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             (D) FOR A NEW FACILITY OR A REHABILITATED FACILITY IF THE

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        AREA IN WHICH THE NEW FACILITY OR REHABILITATED FACILITY IS

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        LOCATED WAS DESIGNATED AS A NEIGHBORHOOD ENTERPRISE ZONE BY THE

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        GOVERNING BODY OF THE LOCAL GOVERNMENTAL UNIT IN OCTOBER 1994 AND

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        IF THE BUILDING PERMIT WAS ISSUED FOR THAT FACILITY ON OR BEFORE

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        APRIL 25, 1997.



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             (E) FOR A NEW FACILITY OR A REHABILITATED FACILITY IF THE

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        AREA IN WHICH THE NEW FACILITY OR REHABILITATED FACILITY IS

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        LOCATED WAS DESIGNATED AS A NEIGHBORHOOD ENTERPRISE ZONE BY THE

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        GOVERNING BODY OF THE LOCAL GOVERNMENTAL UNIT IN JULY 1996 AND IF

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        THE BUILDING PERMIT WAS ISSUED FOR THAT FACILITY ON OR BEFORE

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        JULY 3, 2001.

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             (3) The application shall contain or be accompanied by all

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        of the following:

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             (a) A general description of the new facility or proposed

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        rehabilitated facility.

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             (b) The dimensions of the parcel on which the new facility

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        or proposed rehabilitated facility is or is to be located.

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             (c) The general nature and extent of the construction to be

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        undertaken.

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             (d) A time schedule for undertaking and completing the reha-

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        bilitation of property or the construction of the new facility.

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             (e) Any other information required by the local governmental

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        unit.

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             (4) Notwithstanding any other provisions of this act, for

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        any certificate issued as a result of the enactment of the amen-

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        datory act that added  this  subsection (2)(C), the effective

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        date of the certificate shall be the first day of the tax year

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        following the year the certificate is approved by the

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        commission.

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             (5) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, FOR

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        ANY CERTIFICATE ISSUED AS A RESULT OF THE ENACTMENT OF THE

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        AMENDATORY ACT THAT ADDED SUBSECTION (2)(D) AND (E), THE



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        EFFECTIVE DATE OF THE CERTIFICATE SHALL BE DECEMBER 31 IN THE

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        YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE CERTIFICATE IS

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        APPROVED BY THE COMMISSION.


















































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