HOUSE BILL No. 6010


     September 27, 2000, Introduced by Reps. Richardville, Van Woerkom, Hager, Kowall, Shackleton and Mans and referred to
the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1975 PA 228, entitled

   "Single business tax act,"

   (MCL 208.1 to 208.145) by adding section 37e.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 37E.  (1) FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31,

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      1999 AND BEFORE JANUARY 1, 2004, A TAXPAYER MAY CLAIM A CREDIT

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      AGAINST THE TAX IMPOSED BY THIS ACT EQUAL TO THE COST, INCLUDING

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      PURCHASE PRICE, FABRICATION, AND INSTALLATION, PAID OR ACCRUED IN

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      THE TAX YEAR FOR AN ONBOARD BALLAST WATER MONITORING SYSTEM AND

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      EQUIPMENT REQUIRED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO

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      DISCHARGE STERILIZED BALLAST WATER AND SEDIMENTS AS PROVIDED IN

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      SECTION 3109C OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTEC-

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      TION ACT, 1994 PA 451, MCL 324.3109C.






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           (2) THE CREDIT GENERATED BY ANY MEMBER OF AN AFFILIATED

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      GROUP MAY BE CREDITED AGAINST THE TAX LIABILITY UNDER THIS ACT OF

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      ANY MEMBER OF THE SAME AFFILIATED GROUP.

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           (3) EXCEPT AS PROVIDED IN SUBSECTION (4), IF THE CREDIT

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      ALLOWED UNDER THIS SECTION FOR THE TAX YEAR AND ANY UNUSED CARRY-

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      FORWARD OF THE CREDIT ALLOWED BY THIS SECTION EXCEED THE

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      TAXPAYER'S TAX LIABILITY FOR THE TAX YEAR, THAT PORTION THAT

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      EXCEEDS THE TAXPAYER'S TAX LIABILITY FOR THE TAX YEAR SHALL NOT

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      BE REFUNDED BUT MAY BE CARRIED FORWARD TO OFFSET TAX LIABILITY IN

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      SUBSEQUENT TAX YEARS FOR 10 YEARS OR UNTIL USED UP, WHICHEVER

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      OCCURS FIRST.

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           (4) THE CREDITS AND ANY CARRYFORWARD ALLOWED UNDER THIS SEC-

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      TION SHALL BE UTILIZED IN THE SEQUENCE IN WHICH THEY ARE EARNED.

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      FOR EACH TAX YEAR, AVAILABLE CARRYFORWARD FROM THE EARLIEST YEAR

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      SHALL BE CLAIMED FIRST AND ANY CREDIT GENERATED IN THE TAX YEAR

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      SHALL BE CLAIMED LAST.

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           (5) AS USED IN THIS SECTION, "BALLAST WATER", "SEDIMENTS",

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      AND "STERILIZED" MEAN THOSE TERMS AS DEFINED IN SECTION 3101 OF

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      THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA

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      451, MCL 324.3101.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 6007

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      (request no. 07147'00) of the 90th Legislature is enacted into

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      law.









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