HOUSE BILL No. 6064

 

 

May 23, 2018, Introduced by Reps. Wentworth, Hughes, Sheppard, VanSingel, LaFave, Cole, Frederick, Bellino, Maturen, Webber, McCready, Rendon, Kelly, Howell, Calley, Lower, VanderWall, LaSata, Griffin, Canfield, Leutheuser, Elder, Sabo, Lilly, Guerra, Bizon, Inman and Vaupel and referred to the Committee on Michigan Competitiveness.

 

     A bill to amend 1984 PA 270, entitled

 

"Michigan strategic fund act,"

 

(MCL 125.2001 to 125.2094) by adding chapter 8E.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER 8E

 

     Sec. 90l. As used in this chapter:

 

     (a) "Affiliate" means an entity that, directly or indirectly,

 

through 1 or more intermediaries, controls, is controlled by, or is

 

under common control with another entity. For the purposes of this

 

subdivision, an entity is controlled by another entity if the

 

controlling entity holds, directly or indirectly, the majority

 

voting or ownership interest in the controlled entity or has

 

control over the day-to-day operations of the controlled entity by

 


contract or law.

 

     (b) "Closing date" means the date on which a rural development

 

fund has received a repayable grant.

 

     (c) "Earned job factor" means an amount equal to $25,000.00.

 

     (d) "Full-time equivalent employees" means the number of

 

salaried employment positions plus the quotient obtained by

 

dividing the total number of hours for which employees with an

 

hourly wage rate of at least 150% of the federal minimum wage were

 

compensated for employment over the preceding 12-month period by

 

2,080 with respect to hourly employees.

 

     (e) "Growth investment" means any capital or equity investment

 

in a qualified business or any loan to a qualified business with a

 

stated maturity at least 1 year after the date of issuance. A

 

secured loan or the provision of a revolving line of credit to a

 

qualified business is a growth investment only if the rural

 

development fund obtains an affidavit from the president or chief

 

executive officer of the qualified business attesting that the

 

qualified business sought and was denied similar financing from a

 

commercial bank.

 

     (f) "Investment authority" means the amount stated on the

 

certificate under section 90m certifying the rural development

 

fund. A rural development fund's investment authority shall be

 

composed of equal amounts of repayable grants by the fund and

 

private contributions.

 

     (g) "New full-time equivalent employees" means the number of

 

new full-time equivalent employees based on a computation made

 

annually by subtracting the number of full-time equivalent


employees at the qualified business on the date of the rural

 

development fund's initial growth investment in the qualified

 

business from the monthly average of full-time equivalent employees

 

at the qualified business for the applicable preceding calendar

 

year. If the computation results in a number less than zero, the

 

number of new full-time equivalent employees produced by the rural

 

development fund's growth investment for that calendar year period

 

shall be zero.

 

     (h) "Principal business operations" means for a qualified

 

business, the place or places where at least 80% of its employees

 

work or where employees that are paid at least 80% of its payroll

 

work. An out-of-state business that has agreed to relocate

 

employees using the proceeds of a growth investment to establish

 

its principal business operations in this state shall be considered

 

to have its principal business operations in this new location

 

provided it satisfies this definition within 180 days after

 

receiving the growth investment or a later date, if agreed to by

 

the fund.

 

     (i) "Private contributions" means an investment of cash in a

 

rural development fund to match dollar-for-dollar the repayable

 

grant amount up to the investment authority of the rural

 

development fund. A rural development fund's private contributions

 

shall be composed of not less than 10% of equity investments.

 

     (j) "Qualified business" means an operating business that, at

 

the time of the initial investment in the business by a rural

 

development fund, has fewer than 150 employees and is engaged in

 

industries assigned a North American Industry Classification System


code within sectors 11, 21, 23, 31 through 33, 42, 48, 49, 54,

 

except 541110 through 541219, 56, 62, and 81 or, if not engaged in

 

any of these industries, the department determines that the

 

investment will be beneficial to the rural area and the economic

 

growth of this state.

 

     (k) "Qualified rural county" means a county in this state with

 

a population of 200,000 or less.

 

     (l) "Repayable grant" means a grant of cash by the fund into a

 

rural development fund that will be matched dollar-for-dollar with

 

private contributions up to the investment authority of the rural

 

development fund.

 

     (m) "Repayment amount" means an amount equal to 50% of a rural

 

development fund's investment authority, minus the sum of the

 

product of new full-time equivalent employees reported to the fund

 

in each of the rural development fund's annual reports submitted

 

pursuant to section 90p and the earned job factor and the product

 

of full-time equivalent employees at the time of the initial growth

 

investments in qualified businesses, provided the rural growth fund

 

receives an affidavit from the president or chief executive officer

 

of the qualified business attesting that the full-time equivalent

 

employee positions would have been eliminated without receipt of

 

the initial growth investment and 50% of the earned job factor.

 

     (n) "Rural development fund" means an entity approved by the

 

fund under section 90m that meets all of the following:

 

     (i) The entity or its affiliate is a rural business investment

 

company under 7 USC 2009cc or a small business investment company

 

under 15 USC 68.


     (ii) As of the date of the application, the entity or its

 

affiliates have invested at least $75,000,000.00 in nonpublic

 

companies located in counties throughout the United States with a

 

population less than 50,000.

 

     (iii) As of the date of the application, the entity or its

 

affiliates have received equity investments from investors who are

 

not affiliates of the applicant in an amount equal to least

 

$100,000,000.00.

 

     Sec. 90m. (1) Beginning October 1, 2018, the fund shall accept

 

applications for approval as a rural development fund. The

 

application shall include all of the following:

 

     (a) The total investment authority sought by the applicant.

 

     (b) A copy of the applicant's license showing that the entity

 

or its affiliate is a rural business investment company under 7 USC

 

2009cc or a small business investment company under 15 USC 68.

 

     (c) Evidence that as of the date of the application, the

 

entity or its affiliates have invested at least $75,000,000.00 in

 

nonpublic companies located in counties throughout the United

 

States with a population less than 50,000.

 

     (d) Evidence that as of the date of the application, the

 

entity or its affiliates have received equity investments from

 

investors who are not affiliates of the applicant in an amount

 

equal to least $100,000,000.00.

 

     (2) The fund shall make application determinations by November

 

30, 2018, in the order in which the applications are received. The

 

fund shall consider applications received on the same day to have

 

been received simultaneously. The fund shall not approve more than


$100,000,000.00 in investment authority and $50,000,000.00 in

 

repayable grants. If requests for investment authority received

 

simultaneously would result in the limitation provided in this

 

subsection being exceeded, the fund shall proportionally allot the

 

investment authority and repayable grants among the approved

 

applications. Upon approval of an application, the fund shall

 

provide a grant certificate to the applicant designating the

 

applicant as a rural development fund and specifying the amount of

 

the rural development fund's investment authority and the amount of

 

the repayable grant to be received.

 

     (3) The fund may deny an application submitted under this

 

section only for the following reasons:

 

     (a) The applicant does not satisfy all the criteria described

 

in this section.

 

     (b) The fund has already approved the maximum amount of

 

investment authority allowed under this section.

 

     (4) If the fund denies an application, the applicant may

 

provide additional information to the fund within 5 days of the

 

notice of denial. The fund shall review and reconsider the

 

application and additional information within 10 days but not

 

beyond December 15, 2018. A reconsidered application shall retain

 

the original date of receipt provided under this section for

 

purposes of priority.

 

     (5) A rural development fund shall do all of the following:

 

     (a) Within 60 days after receiving the approval issued under

 

this section, collect private contributions equal to 50% of the

 

rural development fund's investment authority.


     (b) Within 65 days after receiving the approval issued under

 

this section, send to the fund documentation sufficient to prove

 

that the amounts described in subdivision (a) have been collected.

 

     (6) If the rural development fund fails to fully comply with

 

subsection (5), the rural development fund's approval is forfeited,

 

and the fund shall first award the corresponding investment

 

authority to existing applicants who received investment authority

 

lower than the amount requested under this section and then to new

 

applicants.

 

     (7) The fund shall transfer the repayable grant to the rural

 

development fund upon receipt of the documentation described in

 

subsection (5)(b) within 1 business day.

 

     Sec. 90n. (1) The rural development job creation fund is

 

created within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the rural development job creation

 

fund. The state treasurer shall direct the investment of the rural

 

development job creation fund. The state treasurer shall credit to

 

the rural development job creation fund interest and earnings from

 

rural development job creation fund investments.

 

     (3) Money in the rural development job creation fund at the

 

close of the fiscal year shall remain in the rural development job

 

creation fund and shall not lapse to the general fund.

 

     (4) The department of talent and economic development shall be

 

the administrator of the rural development job creation fund for

 

auditing purposes.

 

     (5) The fund shall expend money from the rural development job


creation fund, upon appropriation, only to make refundable grants

 

to rural development funds in this state.

 

     Sec. 90o. (1) The fund shall demand immediate repayment of the

 

repayable grant issued under this chapter if any of the following

 

occurs with respect to the rural development fund before it is

 

certified to exit the program as provided in this chapter:

 

     (a) The rural development fund does not invest all its

 

investment authority in growth investments in this state within 3

 

years of the closing date with 100% of its investment authority

 

invested in growth investments in qualified businesses with

 

principal business operations located in qualified rural counties.

 

     (b) The rural development fund, after satisfying subdivision

 

(a), fails to maintain growth investments at the levels required by

 

subdivision (a) until the sixth anniversary of the closing date.

 

For the purposes of this subdivision, an investment is maintained

 

even if the investment is sold or repaid so long as the rural

 

development fund reinvests an amount equal to the capital returned

 

or recovered by the rural development fund from the original

 

investment, exclusive of any profits realized, in other growth

 

investments in this state within 12 months of the receipt of that

 

capital. Amounts received by a rural development fund pursuant to

 

periodic repayments shall be treated as continually invested in

 

growth investments if the amounts are reinvested in 1 or more

 

growth investments by the end of the following calendar year. A

 

rural development fund is not required to reinvest capital returned

 

from growth investments after the fifth anniversary of the closing

 

date, and those growth investments shall be considered held


continuously by the rural development fund through the sixth

 

anniversary of the closing date.

 

     (c) The rural development fund, before exiting the program in

 

accordance with this chapter, makes a distribution or payment that

 

results in the rural development fund having less than 100% of its

 

investment authority invested in growth investments in this state

 

or available for investment in growth investments and held in cash

 

and other marketable securities.

 

     (d) The rural development fund makes a growth investment in a

 

qualified business that directly or indirectly through an affiliate

 

owns, has the right to acquire an ownership interest, makes a loan

 

to, or makes an investment in the rural development fund, an

 

affiliate of the rural development fund, or an investor in the

 

rural development fund. This section does not apply to investments

 

in public-traded securities. For purposes of this subdivision, a

 

rural development fund will not be considered an affiliate of a

 

business solely because of its growth investment.

 

     (2) No more than $5,000,000.00 in growth investments in a

 

qualified business, including growth investments in affiliates of

 

the qualified business, shall count toward the requirements of

 

subsection (1)(a) and (b).

 

     (3) Before demanding repayment under this section, the fund

 

shall notify the rural development fund of the reasons for the

 

pending repayment. The rural development fund shall have 90 days

 

from the date the notice was dispatched to correct any violation

 

outlined in the notice to the satisfaction of the fund and avoid

 

repayment of the refundable grant.


     (4) A rural development fund, before making a growth

 

investment, may request from the fund a written opinion as to

 

whether the business in which it proposes to invest is a qualified

 

business as defined in this chapter. The fund, not later than the

 

fifteenth business day after the date of receipt of the request,

 

shall notify the rural development fund of its determination. If

 

the fund fails to notify the rural development fund by the

 

fifteenth business day of its determination, the qualified business

 

in which the rural development fund proposes to invest is a

 

qualified business.

 

     Sec. 90p. (1) A rural development fund shall submit an annual

 

report to the fund on or before the last day of February of each

 

year until the rural development fund has exited the program in

 

accordance with this chapter. The annual report shall provide

 

documentation as to the rural development fund's growth investments

 

and include all of the following:

 

     (a) A bank statement evidencing each growth investment.

 

     (b) The name, location, and industry of each qualified

 

business receiving a growth investment, including either the

 

determination letter set forth in section 90o or evidence that the

 

business was a qualified business at the time the growth investment

 

was made.

 

     (c) The number of new full-time equivalent employees at the

 

qualified business in this state.

 

     (d) The number of full-time equivalent employees at the

 

qualified business on the date of receipt of the initial growth

 

investment in this state.


     (e) Any other information required by the fund.

 

     (2) Within 60 days of receipt of an annual report, the fund

 

shall provide written confirmation to the rural development fund of

 

the new full-time equivalent employees the rural development fund

 

has been credited for that year.

 

     (3) By the fifth business day after the third anniversary of

 

the closing date, a rural development fund shall submit a report to

 

the fund evidencing its compliance with the investment requirements

 

of this chapter.

 

     (4) The fund may adopt rules necessary to implement this

 

chapter.

 

     (5) The fund shall submit an annual report to each house of

 

the legislature on or before April 1, 2020. The annual report shall

 

include all of the following:

 

     (a) The name and number of all the rural development funds

 

approved to participate in the program.

 

     (b) The amount of investment authority awarded to each rural

 

development fund.

 

     (c) Any investments made by the rural development funds,

 

including the location of the investments.

 

     (d) Whether the rural development funds are in compliance with

 

this chapter.

 

     (e) Any other information required by the fund.

 

     Sec. 90q. (1) The fund shall calculate an annual fee to be

 

paid by each rural development fund approved pursuant to this

 

chapter by dividing $25,000.00 by the number of applications

 

approved under this chapter and notify each rural development fund


of the amount of the annual fee.

 

     (2) The initial annual fee is due and payable to the fund

 

within 1 business day of receipt of a repayable grant. After the

 

initial annual fee, an annual fee is due and payable to the fund on

 

or before that last day of February of each year.

 

     (3) An annual fee is not required once a rural development

 

fund has exited the program in accordance with this chapter.

 

     (4) To maintain an aggregate annual fee of $25,000.00 for all

 

rural development funds, the fund shall recalculate the annual fee

 

as needed upon the lapse of any certification under this chapter,

 

the demand of repayment under this chapter, or a rural development

 

fund's exit from the program.

 

     Sec. 90r. (1) On or after the sixth anniversary of the closing

 

date, a rural development fund may exit the program and no longer

 

be subject to the provisions of this chapter. The fund shall

 

respond to the application within 30 days of receipt and include a

 

calculation of any repayment amount due.

 

     (2) No distributions other than those permitted by section

 

90o(1)(b) may be made with respect to the equity interests of the

 

rural development fund more than the sum of the amount of equity

 

capital invested into the rural development fund with respect to

 

the equity interests and an amount equal to any projected increase

 

in the federal or state tax liability of holders of those interests

 

related to the ownership of the rural development fund until the

 

rural development fund has made payments to the fund equal to the

 

repayment amount.