Bill Text: MI HB5346 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Economic development; other; next Michigan development act; create. Creates new act.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Passed) 2010-12-29 - Assigned Pa 275'10 With Immediate Effect [HB5346 Detail]
Download: Michigan-2009-HB5346-Introduced.html
HOUSE BILL No. 5346
September 10, 2009, Introduced by Reps. Geiss, Polidori, Constan, Kandrevas, Walsh, Leland, Byrnes, Johnson, Jackson, LeBlanc, Bledsoe and Angerer and referred to the Committee on Transportation.
A bill to encourage the creation of next Michigan development
corporations by interlocal agreement and to prescribe their powers
and duties; to foster economic opportunities in this state and
prevent conditions of unemployment and underemployment and to
promote economic growth; to provide for the designation of next
Michigan development districts and next Michigan development
businesses; and to prescribe the powers and duties of certain state
and local departments, entities, and officials.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "next
Michigan development act".
Sec. 2. The legislature of this state finds and declares that
there exists in this state the continuing need for programs to
encourage economic development and investment, job creation and job
retention, and ancillary economic growth in this state. To achieve
these purposes, it is necessary to assist and encourage the
creation and implementation of intergovernmental development
corporations and to enable those corporations to foster economic
opportunities in this state, prevent conditions of unemployment and
underemployment, and promote economic growth.
Sec. 3. As used in this act:
(a) "Eligible act 7 entity" means a separate legal and
administrative entity formed by interlocal agreement under the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, among 2 or more local governmental units, at least 1 of
which shall be a county, for the purpose of jointly exercising
economic development powers and attracting business.
(b) "Eligible business" means that term as defined in section
3 of the Michigan economic growth authority act, 1995 PA 24, MCL
207.803.
(c) "Local governmental unit" means a county, city, village,
township, or charter township.
(d) "Next Michigan development corporation" means an eligible
act 7 entity that meets the requirements of section 4 of this act
and has been so designated by the board of the Michigan strategic
fund.
(e) "Michigan strategic fund" means the Michigan strategic
fund as described in the Michigan strategic fund act, 1984 PA 270,
MCL 125.2001 to 125.2094.
(f) "Next Michigan development district" or "district" means
the territory of a next Michigan development corporation.
Sec. 4. (1) An eligible act 7 entity may apply to the board of
the Michigan strategic fund for designation as a next Michigan
development corporation under this act.
(2) The territory of a next Michigan development corporation
shall be composed of the area within the boundaries of the cities,
villages, and townships which are parties to the interlocal
agreement, as the same may be amended to add or remove parties from
time to time. The interlocal agreement may include a division of
rights, responsibilities, and duties between and among the local
government unit parties as may be determined appropriate by the
local government unit parties to implement the purposes of this act
and otherwise shall conform to law.
(3) The application for next Michigan development corporation
status under this act shall be accompanied by a copy of the
interlocal agreement creating the eligible act 7 entity and the
approval of the governor of the interlocal agreement pursuant to
section 10 of the urban cooperation act of 1967, 1967 (Ex Sess) PA
7, MCL 124.510.
Sec. 5. (1) The board of the Michigan strategic fund, upon the
filing of an application under section 4 of this act, may designate
the applicant as a next Michigan development corporation. No more
than 10 next Michigan development corporations may be designated in
this state. The president of the Michigan strategic fund shall
develop the form of application for designation as a next Michigan
development corporation within 90 days of the effective date of
this act provided that an application from an eligible act 7 entity
which otherwise meets the requirements of this act may be filed
with the board of the Michigan strategic fund prior to the
promulgation of the application form, and any such application
shall be considered by the board of the Michigan strategic fund
under subsections (2) and (3).
(2) The board of the Michigan strategic fund shall apply the
following criteria in determining to designate a next Michigan
development corporation:
(a) The nominal level of unemployed workers within an
applicant's county parties as publicly reported by the state
department of energy, labor, and economic growth as of the month
preceding the filing of the application on an adjusted or
unadjusted basis, whichever is greater.
(b) The number of local governmental unit parties to the
applicant's interlocal agreement.
(c) Whether the application demonstrates evidence of
significant job creation potential of a regional or state asset,
enterprise, facility, or obsolete facility within the territory of
the applicant, as documented by a comprehensive business plan and a
third-party study or studies quantifying the job creation
potential, and the degree of the job creation potential.
(d) Whether the application is supported by public and private
commitment and the degree of the commitment.
(3) The board of the Michigan strategic fund shall grant or
deny designation to an applicant within 40 days of receipt of the
application. If the board of the Michigan strategic fund does not
grant or deny the designation within 40 days of receipt of the
application, the application shall be considered approved. If the
application is denied, the board shall provide the applicant with
the specific reasons for the denial by reference to the criteria
set forth in subsection (2). An eligible act 7 entity may amend the
application to take into account the reasons for the denial and
thereafter may resubmit the application to the board of the
Michigan strategic fund.
Sec. 6. (1) A next Michigan development corporation shall seek
to attract eligible businesses to its next Michigan development
district and may exercise all of the powers, privileges, and
responsibilities granted to it under state law, including, but not
limited to, the powers, privileges, and responsibilities granted in
the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to
125.2696, the local development financing act, 1986 PA 281, MCL
125.2151 to 125.2174, section 9f of the general property tax act,
1893 PA 206, MCL 211.9f, 1974 PA 198, MCL 207.551 to 207.572, and
other relevant law as the same may be amended from time to time.
(2) The Michigan economic development corporation shall market
the next Michigan development corporations.
Sec. 7. (1) The business of a next Michigan development
corporation shall be conducted at public meetings 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 a meeting
shall be given as provided by the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275.
(2) Except as expressly provided otherwise in this section, a
writing prepared, owned, used, in the possession of, or retained by
the next Michigan development corporation in the performance of an
official function shall be a public record and shall be made
available to the public in compliance with the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. A record or
portion of a record, material, or other data received, prepared,
used, or retained by the next Michigan development corporation in
connection with an application by an eligible business for
renaissance zone status or other tax or development incentive that
relates to financial or proprietary information or site selection
where more than 1 site is under consideration submitted by the
eligible business applicant that is considered by the applicant and
acknowledged by the next Michigan development corporation 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 next Michigan development corporation shall make
the determination as to whether the next Michigan development
corporation acknowledges as confidential any financial or
proprietary information submitted by the eligible business
applicant and considered by the applicant as confidential. Unless
considered proprietary information, the next Michigan development
corporation shall not acknowledge routine financial information as
confidential. If the designee of the next Michigan development
corporation determines that information submitted to the next
Michigan development corporation is financial or proprietary
information and is confidential, the designee of the next Michigan
development corporation shall prepare 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) That the information submitted was determined by the
designee of the next Michigan development corporation to be
confidential as financial or proprietary information or site
selection information.
(b) A broad nonspecific overview of the financial or
proprietary information determined to be confidential.
(3) The next Michigan development corporation shall not
disclose financial or proprietary information or site selection
information not subject to disclosure pursuant to subsection (2)
without the consent of the eligible business applicant, in the
applicant's judgment, submitting the information.
(4) 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 eligible business applicant, in the
applicant's judgment, material competitive harm. Financial or
proprietary information does not include a written agreement under
the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to
125.2696.
Sec. 8. In the event that a next Michigan development
corporation dissolves or is terminated, all incentives previously
granted by the next Michigan development corporation, shall be
unaffected by the dissolution and shall remain valid and in full
force and effect in accordance with their respective terms.
Incentives previously granted by the next Michigan development
corporation shall be administered by the city, village, township,
or charter township in which the eligible business to which the
incentives were granted is located unless otherwise provided in the
interlocal agreement.
Sec. 9. This act shall be construed liberally to effectuate
the legislative intent and purposes of this act as found and stated
in section 2 of this act. This act constitutes complete and
independent authority for the performance of each and every act and
thing authorized by this act, and all powers granted by this act
shall be broadly interpreted to include any power reasonable and
convenient to effectuate the intent and purposes of this act, and
the language used in this act shall be read as grants of authority
and not as limitations of powers to those expressed or necessarily
implied.
