March 3, 2009, Introduced by Senators BASHAM, GLEASON, PRUSI, SWITALSKI, OLSHOVE, BRATER, WHITMER, JACOBS, HUNTER, CHERRY, ANDERSON, BARCIA, SCOTT, CLARKE and CLARK-COLEMAN and referred to the Committee on Commerce and Tourism.
A bill to amend 1987 PA 231, entitled
"An act to create a transportation economic development fund in the
state treasury; to prescribe the uses of and distributions from
this fund; to create the office of economic development and to
prescribe its powers and duties; to prescribe the powers and duties
of the state transportation department, state transportation
commission, and certain other bodies; and to permit the issuance of
certain bonds,"
by amending section 13 (MCL 247.913) and by adding section 9a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9a. (1) Beginning July 1, 2009, the administrator shall
not use any proceeds of the fund for a project 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 administrator shall not use
any proceeds of the fund for a project 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 using any
proceeds of the fund for a project under this act.
(3) Beginning July 1, 2009, the administrator shall not use
any proceeds of the fund for a project 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 on the project.
(b) Make a good faith effort to employ or contract with
Michigan residents and firms to construct, rehabilitate, and
develop the project.
(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 is no longer eligible to
receive financing for projects described in section 9(1)(a) if the
applicant is determined to be in violation of subsection (1) or
(2), as determined by the administrator.
(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 administrator.
Sec. 13. By December 31 each year the commission shall report
to the governor, the board of the Michigan strategic fund, the
house and senate appropriations committees, and the house and
senate fiscal agencies the following information regarding this
act:
(a) The projects funded during the previous fiscal year.
(b) The status of projects funded in the immediately preceding
fiscal year.
(c) The number of jobs created and retained and any other
economic benefits of the projects funded and listed under
subdivision (a).
(d) The degree to which the projects funded have achieved the
objectives of this act.
(e) The number of Michigan residents employed in projects
funded under this act in the immediately preceding year.
(f) The details of the good faith efforts required of the
applicant described in section 9a(3)(a), (b), and (c).
(g) (e)
Any other information considered
necessary by the
commission for the legislature to evaluate the effectiveness of
this act.