| 1 | 1 | | HOUSE BILL NO. 5322 A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," (MCL 125.2001 to 125.2094) by adding section 7c. the people of the state of michigan enact: Sec. 7c. (1) Notwithstanding anything to the contrary in this act, the fund shall not provide a grant, loan, or other economic assistance to a person for a project or endeavor unless all of the following requirements are met: (a) The person certifies that the person will not use forced labor in connection with the project or endeavor. (b) The person agrees to provide the fund with any information the fund considers necessary to verify that the person is complying with the certification under subdivision (a). (c) The person agrees to return any money received as part of a grant, loan, or other economic assistance if the person violates the certification under subdivision (a). (2) The attestations described in subsection (1)(a), (b), and (c) must be in writing and signed by an individual with the authority to bind the person receiving the grant, loan, or other economic assistance. The attestations may be included as part of a written agreement executed under this act. (3) A person is considered to use forced labor for purposes of this section if the person directly or indirectly does any of the following: (a) Mines, produces, or manufactures wholly or in part any goods, wares, articles, or merchandise with forced labor. (b) Works with the government of a foreign country to recruit, transport, transfer, harbor, or receive forced labor. (c) Exports or purchases products mined, produced, or manufactured wholly or in part by a person described in subdivision (a) or (b). (d) Sources material from a person described in subdivision (a) or (b). (4) As used in this section: (a) "Forced labor" means any of the following: (i) Any work or service that is obtained by any of the following: (A) Any force, fraud, or coercion, including, but not limited to, by threat of serious harm to, or physical restraint against, an individual. (B) A scheme, plan, or pattern intended to cause an individual to believe that if the individual did not perform the labor or service, that individual, or another individual, would suffer serious harm or physical restraint. (C) Any abuse or threatened abuse of law or the legal process. (ii) Any work or service that is imposed on the basis of a protected characteristic. (iii) Any work or service that is not offered or provided voluntarily by the individual. (iv) Any work or service that is produced through oppressive child labor. (b) "Oppressive child labor" means a condition of employment under which an individual who is under 16 years of age is employed in an occupation that is hazardous for the employment of children, including, but not limited to, manufacturing or mining. (c) "Protected characteristic" means a characteristic that is protected under the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804. |
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| 23 | 23 | | HOUSE BILL NO. 5322 |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1984 PA 270, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Michigan strategic fund act," |
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| 30 | 30 | | |
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| 31 | 31 | | (MCL 125.2001 to 125.2094) by adding section 7c. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 7c. (1) Notwithstanding anything to the contrary in this act, the fund shall not provide a grant, loan, or other economic assistance to a person for a project or endeavor unless all of the following requirements are met: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) The person certifies that the person will not use forced labor in connection with the project or endeavor. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) The person agrees to provide the fund with any information the fund considers necessary to verify that the person is complying with the certification under subdivision (a). |
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| 40 | 40 | | |
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| 41 | 41 | | (c) The person agrees to return any money received as part of a grant, loan, or other economic assistance if the person violates the certification under subdivision (a). |
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| 42 | 42 | | |
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| 43 | 43 | | (2) The attestations described in subsection (1)(a), (b), and (c) must be in writing and signed by an individual with the authority to bind the person receiving the grant, loan, or other economic assistance. The attestations may be included as part of a written agreement executed under this act. |
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| 44 | 44 | | |
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| 45 | 45 | | (3) A person is considered to use forced labor for purposes of this section if the person directly or indirectly does any of the following: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) Mines, produces, or manufactures wholly or in part any goods, wares, articles, or merchandise with forced labor. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) Works with the government of a foreign country to recruit, transport, transfer, harbor, or receive forced labor. |
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| 50 | 50 | | |
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| 51 | 51 | | (c) Exports or purchases products mined, produced, or manufactured wholly or in part by a person described in subdivision (a) or (b). |
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| 52 | 52 | | |
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| 53 | 53 | | (d) Sources material from a person described in subdivision (a) or (b). |
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| 54 | 54 | | |
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| 55 | 55 | | (4) As used in this section: |
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| 56 | 56 | | |
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| 57 | 57 | | (a) "Forced labor" means any of the following: |
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| 58 | 58 | | |
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| 59 | 59 | | (i) Any work or service that is obtained by any of the following: |
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| 60 | 60 | | |
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| 61 | 61 | | (A) Any force, fraud, or coercion, including, but not limited to, by threat of serious harm to, or physical restraint against, an individual. |
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| 62 | 62 | | |
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| 63 | 63 | | (B) A scheme, plan, or pattern intended to cause an individual to believe that if the individual did not perform the labor or service, that individual, or another individual, would suffer serious harm or physical restraint. |
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| 64 | 64 | | |
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| 65 | 65 | | (C) Any abuse or threatened abuse of law or the legal process. |
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| 66 | 66 | | |
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| 67 | 67 | | (ii) Any work or service that is imposed on the basis of a protected characteristic. |
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| 68 | 68 | | |
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| 69 | 69 | | (iii) Any work or service that is not offered or provided voluntarily by the individual. |
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| 70 | 70 | | |
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| 71 | 71 | | (iv) Any work or service that is produced through oppressive child labor. |
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| 72 | 72 | | |
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| 73 | 73 | | (b) "Oppressive child labor" means a condition of employment under which an individual who is under 16 years of age is employed in an occupation that is hazardous for the employment of children, including, but not limited to, manufacturing or mining. |
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| 74 | 74 | | |
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| 75 | 75 | | (c) "Protected characteristic" means a characteristic that is protected under the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804. |
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