2008 Senate Bill 1189 / Public Act 110

Reduce MEGA tax break eligibility threshold and authorize “clawbacks”

Introduced in the Senate

March 5, 2008

Introduced by Sen. Hansen Clarke (D-1)

To lower the number of jobs an existing firm must promise to retain to be eligible for a Michigan Economic Development Authority (MEGA) tax break. Also, to authorize a “generic” Michigan Economic Development Authority (MEGA) tax credit category that is not bound by the specific eligibility requirements specified in other sections of the law, thereby giving the MEGA board greater discretion in granting these tax breaks to particular firms it selects. The bill would also make new MEGA tax breaks subject to a “clawback” provision, meaning the firm might have to repay all or some of the tax breaks if it moves full time jobs out of the state during a period specified in its tax break agreement.

Referred to the Committee on Commerce and Tourism

March 20, 2008

Reported without amendment

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

March 25, 2008

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

March 26, 2008

Passed in the Senate 37 to 1 (details)

Received in the House

April 8, 2008

Referred to the Committee on New Economy and Quality of Life

April 10, 2008

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Passed in the House 98 to 7 (details)

To lower the number of jobs an existing firm must promise to retain to be eligible for a Michigan Economic Development Authority (MEGA) tax break. Also, to authorize a “generic” Michigan Economic Development Authority (MEGA) tax credit category that is not bound by the specific eligibility requirements specified in other sections of the law, thereby giving the MEGA board greater discretion in granting these tax breaks to particular firms it selects. The bill would also make new MEGA tax breaks subject to a “clawback” provision, meaning the firm might have to repay all or some of the tax breaks if it moves full time jobs out of the state during a period specified in its tax break agreement.

Signed by Gov. Jennifer Granholm

April 24, 2008