HB-5492, As Passed Senate, December 12, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 5492

     A bill to amend 2002 PA 593, entitled

"Michigan next energy authority act,"

by amending section 5 (MCL 207.825).

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

211.157 211.155.

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

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

211.157 211.155, 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.

     (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 211.157

211.155.

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

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

211.157 211.155, 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.

     (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 211.157

211.155.

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

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

211.157 211.155, 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.

     (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, MCL 208.39e 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, MCL 208.39e

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.