Bill Text: MI SB0364 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Economic development; Michigan economic growth authority; definition of high-technology activity; clarify and revise the retained jobs threshold. Amends secs. 3 & 8 of 1995 PA 24 (MCL 207.803 & 207.808).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-03-11 - Referred To Committee On Commerce And Tourism [SB0364 Detail]
Download: Michigan-2009-SB0364-Introduced.html
SENATE BILL No. 364
March 11, 2009, Introduced by Senator ALLEN and referred to the Committee on Commerce and Tourism.
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), as amended
by 2008 PA 257.
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.
(c) "Authorized business" means 1 of the following:
(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 the manufacture, testing,
assembly, development, or design of 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.
(C) Information technologies.
(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
register historic district and certified by this state as
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 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.
(C) Whether 50% or more of the gross receipts are from
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.
(c) Except as provided in subsection (5) and as otherwise
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) 3(j), 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 August 4, 2008, 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) 3(n),
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.
(c) The total capital investment or new capital investment the
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.
(c) A statement by the eligible business that a violation of
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 150 100 retained
jobs at a facility, maintains
1,000
750 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), and (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) , and (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) (1)(e), (g),
and
(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.
(c) Is a distressed business.
(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 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.
(c) Certifies to the authority that, without the credits under
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 April
28, 2008, 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.
(c) The average wage paid for each retained job and full-time
job is equal to or greater than 150% of the federal minimum wage.
