February 8, 2011, Introduced by Reps. Brunner, Melton, Lane, Darany, Slavens, Haugh, Townsend, Kandrevas, Smiley, Ananich, Dillon, McCann, Liss, Rutledge, Constan, Barnett, Bauer, Segal, Stapleton, Hovey-Wright, Hobbs, Bledsoe, Geiss, Cavanagh, Switalski, Stallworth, Byrum, Lipton, Durhal, Howze, Lindberg, Santana, Talabi, Oakes, Brown and Womack 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, 2011, 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, 2011, 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, 2011, 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).