SB-1367, As Passed House, July 23, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1367

A bill to amend 1995 PA 24, entitled

"Michigan economic growth authority act,"

by amending sections 3 and 8 (MCL 207.803 and 207.808), section 3

as amended by 2008 PA 108 and section 8 as amended by 2008 PA 110.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. As used in this act:

(a) "Affiliated business" means a business that is at least

50% owned and controlled, directly or indirectly, by an associated

business.

(b) "Associated business" means a business that owns at least

50% of and controls, directly or indirectly, an authorized

business.

(i) A single eligible business with a unique federal employer

identification number that has met the requirements of section 8

and with which the authority has entered into a written agreement

for a tax credit under section 9.

(ii) A single eligible business with a unique federal employer

identification number that has met the requirements of section 8,

except as provided in this subparagraph, and with which the

authority has entered into a written agreement for a tax credit

under section 9. An eligible business is not required to create

qualified new jobs or maintain retained jobs if qualified new jobs

are created or retained jobs are maintained by an associated

business, subsidiary business, affiliated business, or an employee

leasing company or professional employer organization that has

entered into a contractual service agreement with the authorized

business in which the employee leasing company or professional

employer organization withholds income and social security taxes on

behalf of the authorized business.

(d) "Authority" means the Michigan economic growth authority

created under section 4.

(e) "Business" means proprietorship, joint venture,

partnership, limited liability partnership, trust, business trust,

syndicate, association, joint stock company, corporation,

cooperative, limited liability company, or any other organization.

(f) "Distressed business" means a business that meets all of

the following as verified by the Michigan economic growth

authority:

(i) Four years immediately preceding the application to the

authority under this act, the business had 150 or more full-time

jobs in this state.

(ii) Within the immediately preceding 4 years, there has been a

reduction of not less than 30% of the number of full-time jobs in

this state during any consecutive 3-year period. The highest number

of full-time jobs within the consecutive 3-year period shall be

used in order to determine the percentage reduction of full-time

jobs in this subparagraph.

(iii) Is not a seasonal employer as defined in section 27 of the

Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.27.

(g) "Eligible business" means a distressed business or

business that proposes to maintain retained jobs after December 31,

1999 or to create qualified new jobs in this state after April 18,

1995 in manufacturing, mining, research and development, wholesale

and trade, film and digital media production, or office operations

or a business that is a qualified high-technology business or a

business that is a tourism attraction facility or a qualified

lodging facility. Except for a retail establishment that meets the

criteria in section 8(11), an eligible business does not include

retail establishments, professional sports stadiums, or that

portion of an eligible business used exclusively for retail sales.

Professional sports stadium does not include a sports stadium in

existence on June 6, 2000 that is not used by a professional sports

team on the date that an application related to that professional

sports stadium is filed under section 8.

(h) "Facility" means a site or sites within this state in

which an authorized business or subsidiary business maintains

retained jobs or creates qualified new jobs.

(i) "Film and digital media production" means the development,

preproduction, production, postproduction, and distribution of

single media or multimedia entertainment content for distribution

or exhibition to the general public in 2 or more states by any

means and media in any digital media format, film, or video tape,

including, but not limited to, a motion picture, a documentary, a

television series, a television miniseries, a television special,

interstitial television programming, long-form television,

interactive television, music videos, interactive games, video

games, internet programming, an internet video, a sound recording,

a video, digital animation, or an interactive website. Film and

digital media production also includes the development,

preproduction, production, postproduction, and distribution of a

trailer, pilot, video teaser, or demo created primarily to

stimulate the sale, marketing, promotion, or exploitation of future

investment in a film or digital media production. Film or digital

media production does not include the production of any of the

following:

(i) A production for which records are required to be

maintained with respect to any performer in the production under 18

USC 2257.

(ii) A production that includes obscene matter or an obscene

performance as described in 1984 PA 343, MCL 752.361 to 752.374.

(iii) A production that primarily consists of televised news or

current events.

(iv) A production that primarily consists of a live sporting

event.

(v) A production that primarily consists of political

advertising.

(vi) A radio program.

(vii) A weather show.

(viii) A financial market report.

(ix) A talk show.

(x) A game show.

(xi) A production that primarily markets a product or service.

(xii) An awards show or other gala event production.

(xiii) A production with the primary purpose of fund-raising.

(xiv) A production that primarily is for employee training or

in-house corporate advertising or other similar production.

(j) "Full-time job" means a job performed by an individual for

35 hours or more each week and whose income and social security

taxes are withheld by 1 or more of the following:

(i) An authorized business.

(ii) An employee leasing company.

(iii) A professional employer organization on behalf of the

authorized business.

(iv) Another person as provided in section 8(1)(c).

(v) A business that sells all or part of its assets to an

eligible business that receives a credit under section 8(1) or (5).

(k) "Local governmental unit" means a county, city, village,

or township in this state.

(l) "High-technology activity" means 1 or more of the

following:

(i) Advanced computing, which is any technology used in the

design and development of any of the following:

(A) Computer hardware and software.

(B) Data communications.

(D) Film and digital media production.

(ii) Advanced materials, which are materials with engineered

properties created through the development of specialized process

and synthesis technology.

(iii) Biotechnology, which is any technology that uses living

organisms, cells, macromolecules, microorganisms, or substances

from living organisms to make or modify a product, improve plants

or animals, or develop microorganisms for useful purposes.

Biotechnology does not include human cloning as defined in section

16274 of the public health code, 1978 PA 368, MCL 333.16274, or

stem cell research with embryonic tissue.

(iv) Electronic device technology, which is any technology that

involves microelectronics, semiconductors, electronic equipment,

and instrumentation, radio frequency, microwave, and millimeter

electronics, and optical and optic-electrical devices, or data and

digital communications and imaging devices.

(v) Engineering or laboratory testing related to the

development of a product.

(vi) Technology that assists in the assessment or prevention of

threats or damage to human health or the environment, including,

but not limited to, environmental cleanup technology, pollution

prevention technology, or development of alternative energy

sources.

(vii) Medical device technology, which is any technology that

involves medical equipment or products other than a pharmaceutical

product that has therapeutic or diagnostic value and is regulated.

(viii) Product research and development.

(ix) Advanced vehicles technology, which is any technology that

involves electric vehicles, hybrid vehicles, or alternative fuel

vehicles, or components used in the construction of electric

vehicles, hybrid vehicles, or alternative fuel vehicles. For

purposes of this act:

(A) "Electric vehicle" means a road vehicle that draws

propulsion energy only from an on-board source of electrical

energy.

(B) "Hybrid vehicle" means a road vehicle that can draw

propulsion energy from both a consumable fuel and a rechargeable

energy storage system.

(x) Tool and die manufacturing.

(xi) Competitive edge technology as defined in section 88a of

the Michigan strategic fund act, 1984 PA 270, MCL 125.2088a.

(xii) Digital media, including internet publishing and

broadcasting, video gaming, web development, and entertainment

technology.

(xiii) Music production, including record production and

development, sound recording studios, and integrated high-

technology record production and distribution.

(xiv) Film and video, including motion picture and video

production and distribution, postproduction services, and

teleproduction and production services.

(m) "New capital investment" means 1 or more of the following:

(i) New construction. As used in this subparagraph:

(A) "New construction" means property not in existence on the

date the authorized business enters into a written agreement with

the authority and not replacement construction. New construction

includes the physical addition of equipment or furnishings, subject

to section 27(2)(a) to (o) of the general property tax act, 1893 PA

206, MCL 211.27.

(B) "Replacement construction" means that term as defined in

section 34d(1)(b)(v) of the general property tax act, 1893 PA 206,

MCL 211.34d.

(ii) The purchase of new personal property. As used in this

subparagraph, "new personal property" means personal property that

is not subject to or that is exempt from the collection of taxes

under the general property tax act, 1893 PA 206, MCL 211.1 to

211.155, on the date the authorized business enters into a written

agreement with the authority.

(n) "Qualified high-technology business" means a business or

facility whose primary business activity is high-technology

activity or a qualified high-wage activity.

(o) "Qualified high-wage activity" means a business that has

an average wage of 300% or more of the federal minimum wage.

Qualified high-wage activity may also include, but is not limited

to, 1 or more of the following as long as they have an average wage

of 300% or more of the federal minimum wage:

(i) Architecture and design, including architectural design,

graphic design, interior design, fashion design, and industrial

design.

(ii) Advertising and marketing, including advertising and

marketing firms and agencies, public relations agencies, and

display advertising.

(p) "Qualified lodging facility" means 1 or more of the

following:

(i) Lodging facilities that constitute a portion of a tourism

attraction facility and represent less than 50% of the total cost

of the tourism attraction facility, or the lodging facilities are

to be located on recreational property owned or leased by the

municipal, state, or federal government.

(ii) The lodging facilities involve the restoration or

rehabilitation of a structure that is listed individually in the

national register of historic places or are located in a national

contributing to the historic significance of the district, and the

rehabilitation or restoration project has been approved in advance

by this state.

(q) "Qualified new job" means 1 of the following:

(i) A full-time job created by an authorized business at a

facility that is in excess of the number of full-time jobs the

authorized business maintained in this state prior to the expansion

or location, as determined by the authority.

(ii) For jobs created after July 1, 2000, a full-time job at a

facility created by an eligible business that is in excess of the

number of full-time jobs maintained by that eligible business in

this state up to ~~120~~ 90 days before the eligible business became an

authorized business, as determined by the authority.

(iii) For a distressed business, a full-time job at a facility

that is in excess of the number of full-time jobs maintained by

that eligible business in this state on the date the eligible

business became an authorized business.

(r) "Retained jobs" means the number of full-time jobs at a

facility of an authorized business maintained in this state on a

specific date as that date and number of jobs is determined by the

authority.

(s) "Rural business" means an eligible business located in a

county with a population of 90,000 or less.

(t) "Subsidiary business" means a business that is directly or

indirectly controlled or at least 80% owned by an authorized

business.

(u) "Tourism attraction facility" means a cultural or

historical site, a recreation or entertainment facility, an area of

natural phenomena or scenic beauty, or an entertainment destination

center as determined by the Michigan economic growth authority as

follows:

(i) In making a determination, the Michigan economic growth

authority shall consider all of the following:

(A) Whether the facility will actually attract tourists.

(B) Whether 50% or more of the persons using the facility

reside outside a 100-mile radius.

admissions, food, or nonalcoholic drinks.

(D) Whether the facility offers a unique experience.

(ii) The Michigan economic growth authority shall not determine

any of the following as a tourism attraction facility:

(A) Facilities, other than an entertainment destination

center, that are primarily devoted to the retail sale of goods, a

theme restaurant destination attraction, or a tourism attraction

where the attraction is a secondary and subordinate component to

the sale of goods.

(B) Recreational facilities that do not serve as a likely

destination where individuals who are not residents of the state

would remain overnight in commercial lodging at or near the

facility.

(v) "Written agreement" means a written agreement made

pursuant to section 8. A written agreement may address new jobs,

qualified new jobs, full-time jobs, retained jobs, or any

combination of new jobs, qualified new jobs, full-time jobs, or

retained jobs.

Sec. 8. (1) After receipt of an application, the authority may

enter into an agreement with an eligible business for a tax credit

under section 9 if the authority determines that all of the

following are met:

(a) Except as provided in subsection (5), the eligible

business creates 1 or more of the following as determined by the

authority and provided with written agreement:

(i) A minimum of 50 qualified new jobs at the facility if

expanding in this state.

(ii) A minimum of 50 qualified new jobs at the facility if

locating in this state.

(iii) A minimum of 25 qualified new jobs at the facility if the

facility is located in a neighborhood enterprise zone as determined

under the neighborhood enterprise zone act, 1992 PA 147, MCL

207.771 to 207.786, is located in a renaissance zone under the

Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to

125.2696, or is located in a federally designated empowerment zone,

rural enterprise community, or enterprise community.

(iv) A minimum of 5 qualified new jobs at the facility if the

eligible business is a qualified high-technology business.

(v) A minimum of 5 qualified new jobs at the facility if the

eligible business is a rural business.

(b) Except as provided in subsection (5), the eligible

business agrees to maintain 1 or more of the following for each

year that a credit is authorized under this act:

(i) A minimum of 50 qualified new jobs at the facility if

expanding in this state.

(ii) A minimum of 50 qualified new jobs at the facility if

locating in this state.

(iii) A minimum of 25 qualified new jobs at the facility if the

facility is located in a neighborhood enterprise zone as determined

under the neighborhood enterprise zone act, 1992 PA 147, MCL

207.771 to 207.786, is located in a renaissance zone under the

Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to

125.2696, or is located in a federally designated empowerment zone,

rural enterprise community, or enterprise community.

(iv) If the eligible business is a qualified high-technology

business, all of the following apply:

(A) A minimum of 5 qualified new jobs at the facility.

(B) A minimum of 25 qualified new jobs at the facility within

5 years after the date of the expansion or location as determined

by the authority and a minimum of 25 qualified new jobs at the

facility each year thereafter for which a credit is authorized

under this act.

(v) If the eligible business is a rural business, all of the

following apply:

(A) A minimum of 5 qualified new jobs at the facility.

(B) A minimum of 25 qualified new jobs at the facility within

5 years after the date of the expansion or location as determined

by the authority.

provided in this subdivision, in addition to the jobs specified in

subdivision (b), the eligible business, if already located within

this state, agrees to maintain a number of full-time jobs equal to

or greater than the number of full-time jobs it maintained in this

state prior to the expansion, as determined by the authority. After

an eligible business has entered into a written agreement as

provided in subsection (2), the authority may adjust the number of

full-time jobs required to be maintained by the authorized business

under this subdivision, in order to adjust for decreases in full-

time jobs in the authorized business in this state due to the

divestiture of operations, provided a single other person continues

to maintain those full-time jobs in this state. The authority shall

not approve a reduction in the number of full-time jobs to be

maintained unless the authority has determined that it can monitor

the maintenance of the full-time jobs in this state by the other

person, and the authorized business agrees in writing that the

continued maintenance of the full-time jobs in this state by the

other person, as determined by the authority, is a condition of

receiving tax credits under the written agreement. A full-time job

maintained by another person under this subdivision, that otherwise

meets the requirements of section 3(i), shall be considered a full-

time job, notwithstanding the requirement that a full-time job be

performed by an individual employed by an authorized business, or

an employee leasing company or professional employer organization

on behalf of an authorized business.

(d) Except as otherwise provided in this subdivision, the wage

paid for each retained job and qualified new job is equal to or

greater than 150% of the federal minimum wage. However, if the

eligible business is a qualified high-wage activity, then the wage

paid for each qualified new job is equal to or greater than 300% of

the federal minimum wage. However, beginning on the effective date

of the amendatory act that added this sentence, the authority may

include the value of the health care benefit in determining the

wage paid for each retained job or qualified new job for an

eligible business under this act.

(e) The plans for the expansion, retention, or location are

economically sound.

(f) Except for an eligible business described in subsection

(5)(c), the eligible business has not begun construction of the

facility.

(g) The expansion, retention, or location of the eligible

business will benefit the people of this state by increasing

opportunities for employment and by strengthening the economy of

this state.

(h) The tax credits offered under this act are an incentive to

expand, retain, or locate the eligible business in Michigan and

address the competitive disadvantages with sites outside this

state.

(i) A cost/benefit analysis reveals that authorizing the

eligible business to receive tax credits under this act will result

in an overall positive fiscal impact to the state.

(j) If the eligible business is a qualified high-technology

business described in section 3(m)(i), the eligible business agrees

that not less than 25% of the total operating expenses of the

business will be maintained for research and development for the

first 3 years of the written agreement.

(2) If the authority determines that the requirements of

subsection (1), (5), (9), or (11) have been met, the authority

shall determine the amount and duration of tax credits to be

authorized under section 9, and shall enter into a written

agreement as provided in this section. The duration of the tax

credits shall not exceed 20 years or for an authorized business

that is a distressed business, 3 years. In determining the amount

and duration of tax credits authorized, the authority shall

consider the following factors:

(a) The number of qualified new jobs to be created or retained

jobs to be maintained.

(b) The average wage and health care benefit level of the

qualified new jobs or retained jobs relative to the average wage

and health care benefit paid by private entities in the county in

which the facility is located.

eligible business will make.

(d) The cost differential to the business between expanding,

locating, or retaining new jobs in Michigan and a site outside of

Michigan.

(e) The potential impact of the expansion, retention, or

location on the economy of Michigan.

(f) The cost of the credit under section 9, the staff,

financial, or economic assistance provided by the local government

unit, or local economic development corporation or similar entity,

and the value of assistance otherwise provided by this state.

(g) Whether the expansion, retention, or location will occur

in this state without the tax credits offered under this act.

(h) Whether the authorized business reuses or redevelops

property that was previously used for an industrial or commercial

purpose in locating the facility.

(3) A written agreement between an eligible business and the

authority shall include, but need not be limited to, all of the

following:

(a) A description of the business expansion, retention, or

location that is the subject of the agreement.

(b) Conditions upon which the authorized business designation

is made.

the written agreement may result in the revocation of the

designation as an authorized business and the loss or reduction of

future credits under section 9.

(d) A statement by the eligible business that a

misrepresentation in the application may result in the revocation

of the designation as an authorized business and the refund of

credits received under section 9.

(e) A method for measuring full-time jobs before and after an

expansion, retention, or location of an authorized business in this

state.

(f) A written certification from the eligible business

regarding all of the following:

(i) The eligible business will follow a competitive bid process

for the construction, rehabilitation, development, or renovation of

the facility, and that this process will be open to all Michigan

residents and firms. The eligible business may not discriminate

against any contractor on the basis of its affiliation or

nonaffiliation with any collective bargaining organization.

(ii) The eligible business will make a good faith effort to

employ, if qualified, Michigan residents at the facility.

(iii) The eligible business will make a good faith effort to

employ or contract with Michigan residents and firms to construct,

rehabilitate, develop, or renovate the facility.

(iv) The eligible business is encouraged to make a good faith

effort to utilize Michigan-based suppliers and vendors when

purchasing goods and services.

(g) A condition that if the eligible business qualified under

subsection (5)(b)(ii) and met the subsection (1)(e) requirement by

filing a chapter 11 plan of reorganization, the plan must be

confirmed by the bankruptcy court within 6 years of the date of the

agreement or the agreement is rescinded.

(4) Upon execution of a written agreement as provided in this

section, an eligible business is an authorized business.

(5) Through December 31, 2007, after receipt of an

application, the authority may enter into a written agreement with

an eligible business that meets 1 or more of the following

criteria:

(a) Is located in this state on the date of the application,

makes new capital investment of $250,000,000.00 in this state, and

maintains 500 retained jobs, as determined by the authority.

(b) Meets 1 or more of the following criteria:

(i) Relocates production of a product to this state after the

date of the application, makes capital investment of

$500,000,000.00 in this state, and maintains 500 retained jobs, as

determined by the authority.

(ii) Maintains 150 retained jobs at a facility, maintains 1,000

or more full-time jobs in this state, and makes new capital

investment in this state.

(iii) Is located in this state on the date of the application,

maintains at least 100 retained jobs at a single facility, and

agrees to make new capital investment at that facility equal to the

greater of $100,000.00 per retained job maintained at that facility

or $10,000,000.00 to be completed or contracted for not later than

December 31, 2007.

(iv) Maintains 300 retained jobs at a facility; the facility is

at risk of being closed and if it were to close, the work would go

to a location outside this state, as determined by the authority;

new management or new ownership is proposed for the facility that

is committed to improve the viability of the facility, unless

otherwise provided in this subparagraph; and the tax credits

offered under this act are necessary for the facility to maintain

operations. The authority may not enter into a written agreement

under this subparagraph after December 31, 2007. Of the written

agreements entered into under this subparagraph, the authority may

enter into 3 written agreements under this subparagraph that are

excluded from the requirements of subsection (1)(e), (f), (h), and

(i) if the authority considers it in the public interest and if the

eligible business would have met the requirements of subsection

(1)(g), (h), and (k) within the immediately preceding 6 months from

the signing of the written agreement for a tax credit. Of the 3

written agreements described in this subparagraph, the authority

may also waive the requirement for new management if the existing

management and labor make a commitment to improve the viability and

productivity of the facility to better meet international

competition as determined by the authority.

(v) Maintains 100 retained jobs at a facility; is a rural

business, unless otherwise provided in this subparagraph; the

facility is at risk of being closed and if it were to close, the

work would go to a location outside this state, as determined by

the authority; new management or new ownership is proposed for the

facility that is committed to improve the viability of the

facility; and the tax credits offered under this act are necessary

for the facility to maintain operations. The authority may not

enter into a written agreement under this subparagraph after

December 31, 2007. Of the written agreements entered into under

this subparagraph, the authority may enter into 3 written

agreements under this subparagraph that are excluded from the

requirements of subsection (1)(e), (f), and (h) if the authority

considers it in the public interest and if the eligible business

would have met the requirements of subsection (1)(g), (h), and (e)

within the immediately preceding 6 months from the signing of the

written agreement for a tax credit. Of the 3 written agreements

described in this subparagraph, the authority may also waive the

requirement that the business be a rural business if the business

is located in a county with a population of 500,000 or more and

600,000 or less.

(vi) Maintains 175 retained jobs and makes new capital

investment at a facility in a county with a population of not less

than 7,500 but not greater than 8,000.

(vii) Is located in this state on the date of the application,

maintains at least 675 retained jobs at a facility, agrees to

create 400 new jobs, and agrees to make a new capital investment of

at least $45,000,000.00 to be completed or contracted for not later

than December 31, 2007. Of the written agreements entered into

under this subparagraph, the authority may enter into 1 written

agreement under this subparagraph that is excluded from the

requirements of subsection (1)(f) if the authority considers it in

the public interest.

(viii) Is located in this state on the date of the application,

makes new capital investment of $250,000,000.00 or more in this

state, and makes that capital investment at a facility located

north of the 45th parallel.

(6) Each year, the authority shall not execute new written

agreements that in total provide for more than 400 yearly credits

over the terms of those agreements entered into that year for

eligible businesses that are not qualified high-technology

businesses, distressed businesses, rural businesses, or an eligible

business described in subsection (11).

(7) The authority shall not execute more than 50 new written

agreements each year for eligible businesses that are qualified

high-technology businesses or rural business. Only 25 of the 50

written agreements for businesses that are qualified high-

technology businesses or rural business may be executed each year

for qualified rural businesses.

(8) The authority shall not execute more than 20 new written

agreements each year for eligible businesses that are distressed

businesses. The authority shall not execute more than 5 of the

written agreements described in this subsection each year for

distressed businesses that had 1,000 or more full-time jobs at a

facility 4 years immediately preceding the application to the

authority under this act. The authority shall not execute more than

5 new written agreements each year for eligible businesses

described in subsection (11). The authority shall not execute more

than 4 new written agreements each year for eligible businesses

described in subsection (11) in local governmental units that have

a population greater than 16,000.

(9) Beginning January 1, 2008, after receipt of an

application, the authority may enter into a written agreement with

an eligible business that does not meet the criteria described in

subsection (1), if the eligible business meets all of the

following:

(a) Agrees to retain not fewer than 50 jobs.

(b) Agrees to ~~make new capital investment~~ invest, through

construction, acquisition, transfer, purchase, contract, or any

other method as determined by the authority, at a facility equal to

$50,000.00 or more per retained job maintained at the facility.

this act and without the new capital investment, the facility is at

risk of closing and the work and jobs would be removed to a

location outside of this state.

(d) Certifies to the authority that the management or

ownership is committed to improving the long-term viability of the

facility in meeting the national and international competition

facing the facility through better management techniques, best

practices, including state of the art lean manufacturing practices,

and market diversification.

(e) Certifies to the authority that it will make best efforts

to keep jobs in Michigan when making plant location and closing

decisions.

(f) Certifies to the authority that the workforce at the

facility demonstrates its commitment to improving productivity and

profitability at the facility through various means.

(10) Beginning on the effective date of the amendatory act

that added this subsection, if the authority enters into a written

agreement with an eligible business, the written agreement shall

include a repayment provision of all or a portion of the credits

received by the eligible business for a facility if the eligible

business moves full-time jobs outside this state during the term of

the written agreement and for a period of years after the term of

the written agreement, as determined by the authority.

(11) Beginning January 1, 2008, after receipt of an

application, the authority may enter into a written agreement with

an eligible business that does not meet the criteria described in

subsection (1), if the eligible business meets all of the

following:

(a) Agrees to create or retain not fewer than 15 jobs.

(b) Agrees to occupy property that is a historic resource as

that term is defined in section 435 of the Michigan business tax

act, 2007 PA 36, MCL 208.1435, and that is located in a downtown

district as defined in section 1 of 1975 PA 197, MCL 125.1651.

job is equal to or greater than 150% of the federal minimum wage.