HB 6118, As Passed Senate

HB-6118, As Passed Senate, December 6, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6118

A bill to amend 1995 PA 24, entitled

"Michigan economic growth authority act,"

by amending sections 4 and 8 (MCL 207.804 and 207.808), section 4

as amended by 2003 PA 248 and section 8 as amended by 2006 PA 283.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. (1) The Michigan economic growth authority is created

within the Michigan strategic fund. The Michigan strategic fund

shall provide staff for the authority and shall carry out the

administrative duties and functions as directed by the authority.

The budgeting, procurement, and related functions as directed by

the authority are under the supervision of the president of the

Michigan strategic fund.

(2) The authority consists of the following 8 members:

(a) The ~~director of the department of labor and economic~~

~~growth~~ president of the Michigan strategic fund, or his or her

designee, as chairperson of the authority.

(b) The state treasurer or his or her designee.

~~development corporation~~ director of the department of labor and

economic growth, or his or her designee.

(d) The director of the state transportation department, or

his or her designee.

(e) Four other members appointed by the governor by and with

the advice and consent of the senate who are not employed by this

state and who have knowledge, skill, and experience in the

academic, business, local government, labor, or financial fields.

(3) A member shall be appointed for a term of 4 years, except

that of the members first appointed by the governor, 2 shall be

appointed for a term of 2 years and 2 for a term of 4 years from

the dates of their appointments. A vacancy shall be filled for the

balance of the unexpired term in the same manner as an original

appointment by the governor and by and with the advice and consent

of the senate.

(4) Except as otherwise provided by law, a member of the

authority shall not receive compensation for services, but the

authority may reimburse each member for expenses necessarily

incurred in the performance of his or her duties.

Sec. 8. (1) After receipt of an application, the authority may

enter into an agreement with an eligible business for a tax credit

under section 9 if the authority determines that all of the

following are met:

(a) Except as provided in subsection (5), the eligible

business creates 1 or more of the following within 12 months of the

expansion or location as determined by the authority:

(i) A minimum of 50 qualified new jobs at the facility if

expanding in this state.

(ii) A minimum of 100 qualified new jobs at the facility if

locating in this state.

(iii) A minimum of 25 qualified new jobs at the facility if the

facility is located in a neighborhood enterprise zone as determined

under the neighborhood enterprise zone act, 1992 PA 147, MCL

207.771 to 207.786, is located in a renaissance zone under the

Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to

125.2696, or is located in a federally designated empowerment zone,

rural enterprise community, or enterprise community.

(iv) A minimum of 5 qualified new jobs at the facility if the

eligible business is a qualified high-technology business.

(v) A minimum of 5 qualified new jobs at the facility if the

eligible business is a rural business.

(b) Except as provided in subsection (5), the eligible

business agrees to maintain 1 or more of the following for each

year that a credit is authorized under this act:

(i) A minimum of 50 qualified new jobs at the facility if

expanding in this state.

(ii) A minimum of 100 qualified new jobs at the facility if

locating in this state.

(iii) A minimum of 25 qualified new jobs at the facility if the

facility is located in a neighborhood enterprise zone as determined

under the neighborhood enterprise zone act, 1992 PA 147, MCL

207.771 to 207.786, is located in a renaissance zone under the

Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to

125.2696, or is located in a federally designated empowerment zone,

rural enterprise community, or enterprise community.

(iv) If the eligible business is a qualified high-technology

business, all of the following apply:

(A) A minimum of 5 qualified new jobs at the facility.

(B) A minimum of 25 qualified new jobs at the facility within

5 years after the date of the expansion or location as determined

by the authority and a minimum of 25 qualified new jobs at the

facility each year thereafter for which a credit is authorized

under this act.

(v) If the eligible business is a rural business, all of the

following apply:

(A) A minimum of 5 qualified new jobs at the facility.

(B) A minimum of 25 qualified new jobs at the facility within

5 years after the date of the expansion or location as determined

by the authority.

provided in this subdivision, in addition to the jobs specified in

subdivision (b), the eligible business, if already located within

this state, agrees to maintain a number of full-time jobs equal to

or greater than the number of full-time jobs it maintained in this

state prior to the expansion, as determined by the authority. After

an eligible business has entered into a written agreement as

provided in subsection (2), the authority may adjust the number of

full-time jobs required to be maintained by the authorized business

under this subdivision, in order to adjust for decreases in full-

time jobs in the authorized business in this state due to the

divestiture of operations, provided a single other person continues

to maintain those full-time jobs in this state. The authority shall

not approve a reduction in the number of full-time jobs to be

maintained unless the authority has determined that it can monitor

the maintenance of the full-time jobs in this state by the other

person, and the authorized business agrees in writing that the

continued maintenance of the full-time jobs in this state by the

other person, as determined by the authority, is a condition of

receiving tax credits under the written agreement. A full-time job

maintained by another person under this subdivision, that otherwise

meets the requirements of section 3(i), shall be considered a full-

time job, notwithstanding the requirement that a full-time job be

performed by an individual employed by an authorized business, or

an employee leasing company or professional employer organization

on behalf of an authorized business.

(d) Except as otherwise provided in this subdivision, the

average wage paid for all retained jobs and qualified new jobs is

equal to or greater than 150% of the federal minimum wage. However,

if the eligible business is a qualified high-technology business,

then the average wage paid for all qualified new jobs is equal to

or greater than 300% of the federal minimum wage.

(e) Except for a qualified high-technology business, the

expansion, retention, or location of the eligible business will not

occur in this state without the tax credits offered under this act.

(f) Except for an eligible business described in subsection

(5)(b)(ii), the local governmental unit in which the eligible

business will expand, be located, or maintain retained jobs, or a

local economic development corporation or similar entity, will make

a staff, financial, or economic commitment to the eligible business

for the expansion, retention, or location.

(g) The financial statements of the eligible business

indicated that it is financially sound or has submitted a chapter

11 plan of reorganization to the bankruptcy court and that its

plans for the expansion, retention, or location are economically

sound.

(h) Except for an eligible business described in subsection

(5)(c), the eligible business has not begun construction of the

facility.

(i) The expansion, retention, or location of the eligible

business will benefit the people of this state by increasing

opportunities for employment and by strengthening the economy of

this state.

(j) The tax credits offered under this act are an incentive to

expand, retain, or locate the eligible business in Michigan and

address the competitive disadvantages with sites outside this

state.

(k) A cost/benefit analysis reveals that authorizing the

eligible business to receive tax credits under this act will result

in an overall positive fiscal impact to the state.

(l) If feasible, as determined by the authority, in locating

the facility, the authorized business reuses or redevelops property

that was previously used for an industrial or commercial purpose.

(m) If the eligible business is a qualified high-technology

business described in section 3(m)(i), the eligible business agrees

that not less than 25% of the total operating expenses of the

business will be maintained for research and development for the

first 3 years of the written agreement.

(2) If the authority determines that the requirements of

subsection (1) or (5) have been met, the authority shall determine

the amount and duration of tax credits to be authorized under

section 9, and shall enter into a written agreement as provided in

this section. The duration of the tax credits shall not exceed 20

years or for an authorized business that is a distressed business,

3 years. In determining the amount and duration of tax credits

authorized, the authority shall consider the following factors:

(a) The number of qualified new jobs to be created or retained

jobs to be maintained.

(b) The average wage level of the qualified new jobs or

retained jobs relative to the average wage paid by private entities

in the county in which the facility is located.

eligible business will make.

(d) The cost differential to the business between expanding,

locating, or retaining new jobs in Michigan and a site outside of

Michigan.

(e) The potential impact of the expansion, retention, or

location on the economy of Michigan.

(f) The cost of the credit under section 9, the staff,

financial, or economic assistance provided by the local government

unit, or local economic development corporation or similar entity,

and the value of assistance otherwise provided by this state.

(3) A written agreement between an eligible business and the

authority shall include, but need not be limited to, all of the

following:

(a) A description of the business expansion, retention, or

location that is the subject of the agreement.

(b) Conditions upon which the authorized business designation

is made.

the written agreement may result in the revocation of the

designation as an authorized business and the loss or reduction of

future credits under section 9.

(d) A statement by the eligible business that a

misrepresentation in the application may result in the revocation

of the designation as an authorized business and the refund of

credits received under section 9.

(e) A method for measuring full-time jobs before and after an

expansion, retention, or location of an authorized business in this

state.

(f) A written certification from the eligible business

regarding all of the following:

(i) The eligible business will follow a competitive bid process

for the construction, rehabilitation, development, or renovation of

the facility, and that this process will be open to all Michigan

residents and firms. The eligible business may not discriminate

against any contractor on the basis of its affiliation or

nonaffiliation with any collective bargaining organization.

(ii) The eligible business will make a good faith effort to

employ, if qualified, Michigan residents at the facility.

(iii) The eligible business will make a good faith effort to

employ or contract with Michigan residents and firms to construct,

rehabilitate, develop, or renovate the facility.

(iv) The eligible business is encouraged to make a good faith

effort to utilize Michigan-based suppliers and vendors when

purchasing goods and services.

(g) A condition that if the eligible business qualified under

subsection (5)(b)(ii) and met the subsection (1)(g) requirement by

filing a chapter 11 plan of reorganization, the plan must be

~~approved~~ confirmed by the bankruptcy court within 2 3 years of

the date of the agreement or the agreement is rescinded.

(4) Upon execution of a written agreement as provided in this

section, an eligible business is an authorized business.

(5) After receipt of an application, the authority may enter

into a written agreement, which shall include a repayment provision

of all or a portion of the credits under section 9 for a violation

of the written agreement, with an eligible business that meets 1 or

more of the following criteria:

(a) Is located in this state on the date of the application,

makes new capital investment of $250,000,000.00 in this state, and

maintains 500 retained jobs, as determined by the authority.

(b) Meets 1 or more of the following criteria:

(i) Relocates production of a product to this state after the

date of the application, makes capital investment of

$500,000,000.00 in this state, and maintains 500 retained jobs, as

determined by the authority.

(ii) Maintains 150 retained jobs at a facility, maintains 1,000

or more full-time jobs in this state, and makes new capital

investment in this state.

(iii) Is located in this state on the date of the application,

maintains at least 100 retained jobs at a single facility, and

agrees to make new capital investment at that facility equal to the

greater of $100,000.00 per retained job maintained at that facility

or $10,000,000.00 to be completed or contracted for not later than

December 31, 2007.

(iv) Maintains 300 retained jobs at a facility; the facility is

at risk of being closed and if it were to close, the work would go

to a location outside this state, as determined by the authority;

new management or new ownership is proposed for the facility that

is committed to improve the viability of the facility, unless

otherwise provided in this subparagraph; and the tax credits

offered under this act are necessary for the facility to maintain

operations. The authority may not enter into a written agreement

under this subparagraph after December 31, 2007. Of the written

agreements entered into under this subparagraph, the authority may

enter into 3 written agreements under this subparagraph that are

excluded from the requirements of subsection (1)(e), (f), (g), (h),

(j), and (k) if the authority considers it in the public interest

and if the eligible business would have met the requirements of

subsection (1)(e), (i), (j), and (k) within the immediately

preceding 6 months from the signing of the written agreement for a

tax credit. Of the 3 written agreements described in this

subparagraph, the authority may also waive the requirement for new

management if the existing management and labor make a commitment

to improve the viability and productivity of the facility to better

meet international competition as determined by the authority.

(v) Maintains 100 retained jobs at a facility; is a rural

business, unless otherwise provided in this subparagraph; the

facility is at risk of being closed and if it were to close, the

work would go to a location outside this state, as determined by

the authority; new management or new ownership is proposed for the

facility that is committed to improve the viability of the

facility; and the tax credits offered under this act are necessary

for the facility to maintain operations. The authority may not

enter into a written agreement under this subparagraph after

December 31, 2007. Of the written agreements entered into under

this subparagraph, the authority may enter into 3 written

agreements under this subparagraph that are excluded from the

requirements of subsection (1)(e), (f), (g), (h), (j), and (k) if

the authority considers it in the public interest and if the

eligible business would have met the requirements of subsection

(1)(e), (i), (j), and (k) within the immediately preceding 6 months

from the signing of the written agreement for a tax credit. Of the

3 written agreements described in this subparagraph, the authority

may also waive the requirement that the business be a rural

business if the business is located in a county with a population

of 500,000 or more and 600,000 or less.

(vi) Maintains 175 retained jobs and makes new capital

investment at a facility in a county with a population of not less

than 7,500 but not greater than 8,000.

(vii) Is located in this state on the date of the application,

maintains at least 675 retained jobs at a facility, agrees to

create 400 new jobs, and agrees to make a new capital investment of

at least $45,000,000.00 to be completed or contracted for not later

than December 31, 2007. Of the written agreements entered into

under this subparagraph, the authority may enter into 1 written

agreement under this subparagraph that is excluded from the

requirements of subsection (1)(h) if the authority considers it in

the public interest.

(viii) Is located in this state on the date of the application,

makes new capital investment of $250,000,000.00 or more in this

state, and makes that capital investment at a facility located

north of the 45th parallel.

(6) The authority shall not execute more than 25 new written

agreements each year for eligible businesses that are not qualified

high-technology businesses, distressed businesses, or rural

businesses. If the authority executes less than 25 new written

agreements in a year, the authority may carry forward for 1 year

only the difference between 25 and the number of new agreements

executed in the immediately preceding year.

(7) The authority shall not execute more than 50 new written

agreements each year for eligible businesses that are qualified

high-technology businesses or rural business. Only 25 of the 50

written agreements for businesses that are qualified high-

technology businesses or rural business may be executed each year

for qualified rural businesses.

(8) The authority shall not execute more than 20 new written

agreements each year for eligible businesses that are distressed

businesses. The authority shall not execute more than 5 of the

written agreements described in this subsection each year for

distressed businesses that had 1,000 or more full-time jobs at a

facility 4 years immediately preceding the application to the

authority under this act.