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2006 SESSION

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SB 109 Governor's Development Opportunity Fund; changes thereto.

Introduced by: Walter A. Stosch | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Governor's Development Opportunity Fund.  Makes several changes to the Governor's Development Opportunity Fund including prohibiting awards from the Fund being used to pay or guarantee the payment for any rental, lease, license, or other contractual right to use property.

For each five fiscal-year period, the bill would provide that one-third of the moneys in the Fund would be used for economic development projects in high unemployment areas. This distribution, however, would not be required if economic development prospects in such high unemployment areas are unable to fulfill applicable minimum private investment and new jobs requirements.

The bill would require that, as a condition of an award from the Fund, the average wage of new jobs created must be no less than the prevailing average wage in the county or city of the economic development project. However, for economic development projects located in a county or city with an annual average unemployment rate greater than the statewide average unemployment rate, the average wage of the new jobs would be required to be at least 85% of the prevailing average wage. In addition, the Secretary of Commerce and Trade may award a grant or loan from the Fund for projects paying less than 85% of the prevailing average wage that will be located in counties and cities with such unemployment rate if the Secretary makes a written finding that the economic circumstances in the area are sufficiently distressed that assistance to the county or city to attract the project is nonetheless justified.

As another condition of eligibility of an award from the Fund, the bill sets forth several elements that would have to be included in a contract between the political subdivision and the economic development prospect. These would include the fair market value of all funds that the Commonwealth commits to the project, the fair market value of all funds that the political subdivision agrees to provide to the project, and a negotiated formula for the repayment of moneys from the Fund if the economic development prospect does not create the contractually required number of new jobs or does not satisfy minimum investment requirements.

The bill would require that all proposed contracts between political subdivisions and economic development prospects be reviewed by the Attorney General prior to execution. The Attorney General would be required to review the contract (i) for enforceability as to its provisions, and (ii) to ensure that it is in appropriate, legal form. The Attorney General would have seven days to provide any written suggestions, but the suggestions would be limited to enforceability of the contract or the appropriateness of the legal form of the contract.


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