SENATE BILL No. 910

 

 

November 8, 2007, Introduced by Senators ALLEN, GILBERT, CLARKE and STAMAS and referred to the Committee on Commerce and Tourism.

 

 

 

     A bill to amend 1995 PA 24, entitled

 

"Michigan economic growth authority act,"

 

by amending sections 6 and 9 (MCL 207.806 and 207.809), section 6

 

as amended by 2003 PA 248 and section 9 as amended by 2000 PA 144.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. The authority shall have powers necessary or

 

convenient to carry out and effectuate the purpose of this act,

 

including, but not limited to, the following:

 

     (a) To authorize eligible businesses to receive tax credits to

 

foster job creation in this state.

 

     (b) To determine which businesses qualify for tax credits

 

under this act.

 

     (c) To determine the amount and duration of tax credits

 


authorized under this act.

 

     (d) To issue certificates and enter into written agreements

 

specifying the conditions under which tax credits are authorized

 

and the circumstances under which those tax credits may be reduced

 

or terminated.

 

     (e) To charge and collect reasonable administrative fees.

 

     (f) To delegate to the chairperson of the authority, staff, or

 

others the functions and powers it considers necessary and

 

appropriate to administer the programs under this act.

 

     (g) To assist an eligible business to obtain the benefits of a

 

tax credit, incentive, or inducement program provided by this act

 

or by law.

 

     (h) To determine the eligibility of and issue certificates to

 

certain qualified taxpayers for credits allowed under section

 

38g(3) of the single business tax act, 1975 PA 228, MCL 208.38g,

 

and section 431 of the Michigan business tax act, 2007 PA 36, MCL

 

208.1431, and to develop the application process and necessary

 

forms to claim the credit under section 38g(3) of the single

 

business tax act, 1975 PA 228, MCL 208.38g, and section 431 of the

 

Michigan business tax act, 2007 PA 36, MCL 208.1431. The Michigan

 

economic growth authority annually shall prepare and submit to the

 

house of representatives and senate committees responsible for tax

 

policy and economic development issues a report on the credits

 

under section 38g(3) of the single business tax act, 1975 PA 228,

 

MCL 208.38g, and section 431 of the Michigan business tax act, 2007

 

PA 36, MCL 208.1431. The report shall include, but is not limited

 

to, all of the following:

 


     (i) A listing of the projects under section 38g(3) of the

 

single business tax act, 1975 PA 228, MCL 208.38g, and section 431

 

of the Michigan business tax act, 2007 PA 36, MCL 208.1431, that

 

were approved in the previous calendar year.

 

     (ii) The total amount of eligible investment approved under

 

section 38g(3) of the single business tax act, 1975 PA 228, MCL

 

208.38g, and section 431 of the Michigan business tax act, 2007 PA

 

36, MCL 208.1431, in the previous calendar year.

 

     (i) To approve the capture of school operating taxes and work

 

plans as provided in sections 13 and 15 of the brownfield

 

redevelopment financing act, 1996 PA 381, MCL 125.2663 and

 

125.2665.

 

     (j) To approve relocation of public buildings or operations

 

for economic development purposes under the brownfield

 

redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672.

 

     (j) To determine the eligibility of and issue certificates to

 

certain qualified taxpayers for credits allowed under section 407

 

of the Michigan business tax act, 2007 PA 36, MCL 208.1407.

 

     Sec. 9. (1) An authorized business is eligible for the credits

 

provided in sections 37c, 37d, and 38g(19) to (24) of the single

 

business tax act, 1975 PA 228, MCL 208.37c, 208.37d, and 208.38g,

 

and sections 407 and 431 of the Michigan business tax act, 2007 PA

 

36, MCL 208.1407 and 208.1431.

 

     (2) The authority shall issue a certificate each year to an

 

authorized business that states the following:

 

     (a) That the eligible business is an authorized business.

 

     (b) The amount of the tax credit for the designated tax year.

 


     (c) The taxpayer's federal employer identification number or

 

the Michigan treasury number assigned to the taxpayer.