HOUSE BILL No. 5789

 

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

 

     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, 2008, 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 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 eligible business 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.

 

     (2) Beginning July 1, 2008, 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 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, 2008, 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, 2008, 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

 

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

 

municipality.

 

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

 

the municipality 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 from

 

the construction, improvement, or financing of industrial buildings

 

under this act in the immediately preceding year.

 

     (b) The number of new jobs created 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).