Bill Text: MI HB4083 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State financing and management; funds; strategic fund; modify eligibility requirements. Amends sec. 11 of 1984 PA 270 (MCL 125.2011). TIE BAR WITH: SB 0502'09, SB 0539'09
Spectrum: Partisan Bill (Democrat 48-0)
Status: (Introduced - Dead) 2009-10-27 - Referred To Conference Committee 10/27/2009 [HB4083 Detail]
Download: Michigan-2009-HB4083-Engrossed.html
HB-4083, As Passed Senate, May 7, 2009
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4083
A bill to amend 1984 PA 270, entitled
"Michigan strategic fund act,"
by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) Within 90 days after assistance for a project is
requested from the fund by the filing of a written application with
the board, the board shall approve or disapprove the request for
assistance. Upon written request by an applicant, the board may
reconsider its denial of an application for assistance under this
section or may waive the 90-day deadline for approving or
disapproving an application.
(2) Beginning July 1, 2009, the board shall not approve a
request for assistance for a project or an economic development
project, or a loan or grant under chapter 8A, unless the applicant
states, in writing, that the applicant will not knowingly hire or
contract with any business entity that knowingly hires an
individual who is not authorized under federal law to work in the
United States.
(3) Beginning July 1, 2009, the board shall not approve a
request for assistance for a project or an economic development
project, or a loan or grant under chapter 8A, unless the applicant
states, in writing, that the applicant will do all of the
following:
(a) Hire only residents of this state or individuals who plan
on becoming residents of this state to work on projects, economic
development projects, or facilities that are constructed with a
loan or grant provided under chapter 8A unless the board determines
that the project, economic development project, or facilities that
are constructed with a loan or grant provided under chapter 8A
cannot be constructed by using only residents of this state or
individuals who plan on becoming residents of this state for 1 or
more of the following:
(i) To the extent necessary to comply with federal law or
regulation concerning the use of federal funds.
(ii) To the extent that key management personnel or individuals
with special skills, who are not residents of this state, are
needed.
(iii) However, for facilities located in a county that borders
on another state, if the board determines that the use of
nonresidents for the construction, rehabilitation, development, or
renovation will not have a significant adverse effect on the
employment of residents in this state.
(b) Contract with businesses that agree to hire only residents
of this state or individuals who plan on becoming residents of this
state to work on projects, economic development projects, or
facilities that are constructed with a loan or grant provided under
chapter 8A unless the board determines that the project, economic
development project, or facilities that are constructed with a loan
or grant provided under chapter 8A cannot be constructed by using
only residents of this state or individuals who plan on becoming
residents of this state for 1 or more of the following:
(i) To the extent necessary to comply with federal law or
regulation concerning the use of federal funds.
(ii) To the extent that key management personnel or individuals
with special skills, who are not residents of this state, are
needed.
(iii) However, for facilities located in a county that borders
on another state, if the board determines that the use of
nonresidents for the construction, rehabilitation, development, or
renovation will not have a significant adverse effect on the
employment of residents in this state.
(4) Beginning July 1, 2009, the written agreement described in
subsections (2) and (3) shall also contain a remedy provision that
provides for all of, but not limited to, the following:
(a) A requirement that the applicant's financing, loan, or
grant is revoked under this act if the applicant is determined to
be in violation of subsection (2) or (3), as determined by the
board.
(b) A requirement that the applicant may be required to repay
some or all of the benefits received under this act if the
applicant is determined to be in violation of the provisions of
subsection (2) or (3), as determined by the board.
(5) Not later than February 1 each year, the board shall
report to each house of the legislature on the activities for the
immediately preceding fiscal year. The report shall contain all of
the following:
(a) The number of Michigan residents employed in jobs from
projects, economic development projects, or facilities constructed
with a loan or grant provided under chapter 8A in the immediately
preceding year.
(b) The number of Michigan residents employed in jobs and the
number of jobs created from other economic development initiatives
that are required to be reported to the board.
(c) The specific reasons for each determination of exemption
from the provisions of subsection (3)(a) or (b) made by the board
and the number of jobs related to each determination.
(d) Any other information the board determines necessary.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 502.
(b) Senate Bill No. 539.
