HB-4092, As Passed House, March 12, 2009

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 not knowingly or repeatedly violate the provisions

of 1965 PA 166, MCL 408.551 to 408.558, if applicable, in the

construction, improvement, or financing of improvements to

industrial buildings under this act.

     (3) 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 do all of the following:

     (a) Make a good faith effort to employ, if qualified, Michigan

residents at the industrial building.

     (b) Make a good faith effort to employ or contract with

Michigan residents and firms to construct or improve industrial

buildings under this act.

     (c) Make a good faith effort to utilize Michigan-based

suppliers and vendors when purchasing goods and services.

     (4) 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) or (2), 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

House Bill No. 4092 (H-1) as amended March 12, 2009

subsection (1) or (2), as determined by the governing body of the

municipality.

     (5) Not later than February 1 each year, the [applicant

] shall report to the board of the Michigan

strategic fund 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 [by the

 applicant] from

the construction, improvement, or financing of industrial buildings

under this act in the immediately preceding year.

     (b) The number of new jobs created [by the applicant] from the

 construction,

improvement, or financing of industrial buildings under this act in

the immediately preceding year.

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

applicant described in subsection (3)(a), (b), and (c).

     (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 (2), (3), and (4).