HB-4094, As Passed Senate, May 7, 2009

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4094

     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 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, rehabilitate, and develop the project.

     (3) 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), 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), 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(2).

(g) (e) Any other information considered necessary by the

commission for the legislature to evaluate the effectiveness of

this act.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

     (a) Senate Bill No. 502.                                      

     (b) Senate Bill No. 539.