HB-4092, As Passed Senate, May 7, 2009

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4092

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1963 PA 62, entitled

 

"Industrial development revenue bond act of 1963,"

 

(MCL 125.1251 to 125.1267) by adding section 5a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5a. (1) Beginning July 1, 2009, the governing body of the

 

municipality shall not issue bonds or notes under this act to

 

construct, improve, or finance improvements to industrial buildings

 

under this act 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.

 

     (2) Beginning July 1, 2009, the governing body of the

 

municipality shall not issue bonds or notes under this act to

 

construct, improve, or finance improvements to industrial buildings

 

under this act unless the applicant states, in writing, that the

 

applicant will make a good faith effort to employ or contract with

 

Michigan residents or individuals who plan on becoming residents of

 

this state and Michigan firms to construct or improve industrial

 

buildings under this act.

 

     (3) Beginning July 1, 2009, the written agreement described in

 

subsection (1) shall also contain a remedy provision that provides

 

for all of, but not limited to, the following:

 

     (a) A requirement that the applicant's industrial facilities

 

exemption certificate is revoked under this act if the applicant is

 

determined to be in violation of subsection (1), as determined by

 

the governing body of the municipality.

 

     (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 (1), as determined by the governing body of the

 

municipality.

 

     (4) Not later than the February 1 immediately following the

 

completion of the construction or improvement of an industrial

 

building, the applicant shall report to the governing body of the

 

municipality regarding all of the following:

 

     (a) The number of Michigan residents employed in jobs for the

 

construction or improvement of industrial buildings for which bonds

 

or notes were issued under this act.

 

     (b) The number of jobs created from the construction or

 

improvement of industrial buildings for which bonds or notes were

 

issued under this act.

 

     (c) The details of the good faith efforts required of the

 

applicant described in subsection (2).

 

     (5) Not later than May 1 each year, the governing body of the

 

municipality shall compile all information submitted by applicants

 

under subsection (4) and submit it to the board of the Michigan

 

strategic fund.

 

     (6) The attorney general of this state, or other appropriate

 

state agency, shall be responsible for any enforcement necessary to

 

ensure compliance after the applicant has signed the agreement

 

under the provisions described in subsections (1), (2), and (3).

 

     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.