Bill Text: MI HB4553 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Economic development; other; Michigan corporate responsibility act; create. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-14 - Referred To Committee On Finance [HB4553 Detail]
Download: Michigan-2009-HB4553-Engrossed.html
HB-4553, As Passed House, March 24, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 4553
A bill to require certain business entities to comply with
certain requirements to receive economic development benefits; to
prescribe the powers and duties of certain state departments and
agencies; and to prescribe certain penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan corporate responsibility act".
Sec. 2. As used in this act:
(a) "Economic development benefits" means the amount of the
abatements, tax credits, exemptions, loans, or grants related to
economic development activities provided under the following:
(i) Sections 38g and 39c of former 1975 PA 228.
(ii) 1974 PA 198, MCL 207.551 to 207.572.
(iii) The Michigan economic growth authority act, 1995 PA 24,
House Bill No. 4553 (H-1) as amended March 24, 2010
MCL 207.801 to 207.810.
(iv) Section 8d of the Michigan renaissance zone act, 1996 PA
376, MCL 125.2688d.
(v) The obsolete property rehabilitation act, 2000 PA 146, MCL
125.2781 to 125.2797.
(vi) The brownfield redevelopment financing act, 1996 PA 381,
MCL 125.2651 to 125.2672.
(vii) The Michigan strategic fund act, 1984 PA 270, MCL
125.2001 to 125.2094.
(viii) The transportation economic development fund, 1987 PA
231, MCL 247.901 to 247.913.
(ix) The industrial development revenue bond act, 1963 PA 62,
MCL 125.1251 to 125.1267.
(x) Sections 435 and 437 of the Michigan business tax act,
2007 PA 36, MCL 208.1435 and 208.1437.
[(b) "Managerial employee" means managerial employees located at the facility eligible for the economic development benefit.]
Sec. 3. Before receiving an economic development benefit, a
business entity shall affirm in writing all of the following:
(a) That the business entity has not been convicted during the
immediately preceding 15 years of a criminal offense incident to
the application for or performance of a state contract or
subcontract. As used in this subdivision, business entity includes
affiliates, subsidiaries, officers, directors, managerial
employees, and any person who, directly or indirectly, holds a
pecuniary interest in that business entity of 20% or more.
(b) That the business entity has not been convicted during the
immediately preceding 15 years of a criminal offense, or held
liable in a civil proceeding, that negatively reflects on the
House Bill No. 4553 (H-1) as amended March 24, 2010
business entity's business integrity, based on a finding of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, [fraud,] receiving stolen property, or violation of state or
federal antitrust statutes. As used in this subdivision, business
entity includes affiliates, subsidiaries, officers, directors,
managerial employees, and any person who, directly or indirectly,
holds a pecuniary interest in that business entity of 20% or more.
(c) That the business entity will not use state funds,
economic development benefits, or the proceeds of state funds or
economic development benefits to induce a business enterprise to
leave this state.
(d) That the business entity will not use state funds,
economic development benefits, or the proceeds of state funds or
economic development benefits to contribute to the violation of
internationally recognized workers rights, as defined in section
507(4) of the trade act of 1974, 19 USC 2467(4), of workers in a
country other than the United States, including any designated zone
or area in that country.
(e) That neither the business entity nor an affiliate of the
business entity is incorporated in a tax haven country after
September 11, 2001 while maintaining the United States as the
principal market for the public trading of the corporation's stock.
As used in this section, "tax haven country" includes a country
with tax laws that facilitate avoidance by a corporation or an
affiliate of the corporation of United States tax obligations,
including, but not limited to, Barbados, Bermuda, British Virgin
Islands, Cayman Islands, Commonwealth of the Bahamas, Cyprus,
Gibraltar, Isle of Man, the principality of Liechtenstein, the
principality of Monaco, and the Republic of the Seychelles.
(f) That the business entity is in compliance with
requirements under federal law mandating the funding of pension or
retirement plan obligations to employees of the business entity.
Sec. 4. Before granting or approving an economic development
benefit, the department, state agency, or governing body granting
or approving the economic development benefit shall request the
department of state police to conduct a criminal records check
through the federal bureau of investigation on the business entity
applying for the economic development benefit. The department,
state agency, or governing body shall not grant or approve the
economic development benefit until the department of state police
certifies that the person who submitted fingerprints does not have
a criminal record. However, if the person has a criminal record and
the department, state agency, or governing body that grants or
approves the economic development benefit determines that the
criminal record does not negatively affect the business entity's
business integrity, then the department, state agency, or governing
body may grant the economic development benefit. Officers,
directors, managerial employees, and any person who, directly or
indirectly, holds a pecuniary interest in that business entity of
20% or more shall submit fingerprints to the department of state
police for that purpose. The department of state police may charge
a fee for conducting the criminal records check. The department,
state agency, or governing body granting or approving the economic
development benefit may charge the applicant the fee for conducting
the criminal records check.
