Bill Text: MI HB4254 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Economic development; Michigan economic growth authority; requirement for impact statement notification to Michigan businesses of certain proposed tax breaks; provide for. Amends sec. 5 of 1995 PA 24 (MCL 207.805).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-02-16 - Printed Bill Filed 02/16/2011 [HB4254 Detail]

Download: Michigan-2011-HB4254-Introduced.html

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HOUSE BILL No. 4254

 

February 15, 2011, Introduced by Reps. McMillin, Somerville, Johnson, Foster and Genetski and referred to the Committee on Oversight, Reform, and Ethics.

 

     A bill to amend 1995 PA 24, entitled

 

"Michigan economic growth authority act,"

 

by amending section 5 (MCL 207.805), as amended by 2008 PA 108.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) The powers of the authority are vested in the

 

authority members in office. Regardless of the existence of a

 

vacancy, a majority of the members of the authority constitutes a

 

quorum necessary for the transaction of business at a meeting or

 

the exercise of a power or function of the authority. Action may be

 

taken by the authority at a meeting upon a vote of the majority of

 

the members present. Members of the authority may be present in

 

person at a meeting of the authority or, if authorized by the

 

bylaws of the authority, by use of telecommunications or other

 

electronic equipment.

 

     (2) The authority shall meet at the call of the chairperson or

 

as may be provided by the authority. Meetings of the authority may

 

be held anywhere within this state.

 

     (3) The business of the authority shall be conducted at a

 

public meeting of the authority held in compliance with the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of

 

the time, date, and place of the meeting shall be given as provided

 

by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A

 

record or portion of a record, material, or other data received,

 

prepared, used, or retained by the authority in connection with an

 

application for a tax credit under section 9 that relates to

 

financial or proprietary information submitted by the applicant

 

that is considered by the applicant and acknowledged by the

 

authority as confidential shall not be subject to the disclosure

 

requirements of the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246. A designee of the authority shall make the

 

determination as to whether the authority acknowledges as

 

confidential any financial or proprietary information submitted by

 

the applicant and considered by the applicant as confidential.

 

Unless considered proprietary information, the authority shall not

 

acknowledge routine financial information as confidential. If the

 

designee of the authority determines that information submitted to

 

the authority is financial or proprietary information and is

 

confidential, the designee of the authority shall release a written

 

statement, subject to disclosure under the freedom of information

 

act, 1976 PA 442, MCL 15.231 to 15.246, which states all of the

 

following:

 

     (a) The name and business location of the person requesting

 

that the information submitted be confidential as financial or

 

proprietary information.

 

     (b) That the information submitted was determined by the

 

designee of the authority to be confidential as financial or

 

proprietary information.

 

     (c) A broad nonspecific overview of the financial or

 

proprietary information determined to be confidential.

 

     (4) The authority shall not disclose financial or proprietary

 

information not subject to disclosure pursuant to subsection (3)

 

without consent of the applicant submitting the information.

 

     (5) Not less than 2 weeks before a meeting of the authority in

 

which the authority will authorize an eligible business to receive

 

tax credits as provided in section 6, the authority shall mail

 

notices to all businesses located in this state that are within the

 

same 5-digit North American industrial classification system code

 

as the eligible business. The notice shall contain all of the

 

following:

 

     (a) The date, time, and location of the authority meeting.

 

     (b) A request for input from all businesses in that North

 

American industrial classification system as to whether granting of

 

the tax credit will negatively impact currently employed Michigan

 

residents or future hiring of Michigan residents.

 

     (6) (5) As used in this section, "financial or proprietary

 

information" means information that has not been publicly

 

disseminated or is unavailable from other sources, the release of

 

which might cause the applicant significant competitive harm.

 

Financial or proprietary information does not include a written

 

agreement under this act.