HOUSE BILL No. 5780

 

February 21, 2008, Introduced by Reps. Miller, LeBlanc, Constan, McDowell, Byrum, Byrnes, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Hammon, Melton, Cheeks, Alma Smith, Clack, Hammel, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer and referred to the Committee on Labor.

 

     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, 2008, 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 hire or contract

 

with any business entity that hires an individual who is not

 

authorized under federal law to work in the United States and that

 

the applicant will comply in good faith with the verification

 

requirements in 8 USC 1324a to ensure that all employees hired by

 

the applicant or employees of any contractors hired by the

 

applicant are authorized to work in the United States.

 

     (3) Beginning July 1, 2008, 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 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.

 

     (b) Contract with businesses that agree to hire only 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.


 

     (4) Beginning July 1, 2008, 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 the provisions of this subdivision, 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

 

this subdivision, 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 new 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 new jobs and

 

the number of new 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.