HB 6070

HOUSE BILL NO. 6070
A bill to create the anti-offshoring accountability act; to
provide for the powers and duties of certain state and local governmental
officers and entities; to impose certain duties on certain employers; and to
prescribe civil sanctions.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "anti-offshoring accountability
act".
Sec. 3. As used in this
act:
(a) "Call center" means a centralized office used
primarily for receiving or transmitting customer requests or inquiries by
telephone.
(b) "Department" means the department of labor and economic opportunity.
(c) "Employer" means a
person that meets both of the following conditions:
(i)
Employs, either full-time or part-time, 50 or more individuals at a call
center.
(ii)
Receives any of the following from this state in accordance with a written
agreement that is entered into on or after the effective date of this act:
(A) A grant.
(B) A loan.
(C) A tax incentive.
(d) "Person" means an
individual or a sole proprietorship, partnership, association, corporation, or
any other legal entity.
Sec. 5. (1) An employer
shall notify the department not less than 30
days before the employer does either of the
following:
(a) Relocates either of the
following from this state to a foreign country:
(i) A
call center.
(ii) A
facility or operating unit within a call center comprising at least 30% of the
call center's total call volume as measured against the call center's average
call volume during the immediately preceding 12-month
period.
(b) Closes or otherwise ceases the
operations of a call center or a facility or operating unit described in
subdivision (a)(ii) if the employer contracts
with or intends to contract with a person to provide the same services in a
foreign country that the call center, facility, or operating unit provided.
(2) An employer that violates
subsection (1) must repay to the state any loan,
grant, or tax incentive that the employer received from this state if the
written agreement for the loan, grant, or tax incentive includes a provision
that requires repayment for a violation of subsection (1). The prosecutor of
the county in which the violation occurred or the attorney general may bring an
action to collect the repayment.
Sec. 7. (1) Beginning 6 months after the effective date of
this act, and every 6 months thereafter, the department shall compile a
registry of the employers required to provide notice under section 5(1). The registry must include all of the following
information:
(a) The name of the employer.
(b) The date of the relocation or
closing, as applicable.
(c) The number of jobs to be relocated
or eliminated, as applicable.
(d) The location of the relocated or
new call center, facility, or operating unit, including the name of the
city and the country.
(2) Only authorized state agencies,
as determined by the department, may access the registry for the purpose of
determining if an employer is eligible for a grant, loan, or tax incentive.
(3) An employer shall remain on the
registry for not less than 5 years or until the employer repays in full any
grant, loan, or tax incentive under section 5, whichever occurs first.
Enacting section 1.
This act takes effect 90 days after the date it is enacted into law.