November 28, 2007, Introduced by Rep. Leland 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).
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 single business tax
act,
1975 PA 228, MCL 208.39e 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 single business tax act, 1975 PA 228, MCL 208.39e 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.