Bill Text: MI SB1131 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Counties; boards and commissions; membership on certain county land bank boards; modify. Amends sec. 23 of 2003 PA 258 (MCL 124.773).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-12 - Referred To Committee Of The Whole [SB1131 Detail]

Download: Michigan-2011-SB1131-Introduced.html

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SENATE BILL No. 1131

 

 

May 17, 2012, Introduced by Senator HUNTER and referred to the Committee on Economic Development.

 

 

 

     A bill to amend 2003 PA 258, entitled

 

"Land bank fast track act,"

 

by amending section 23 (MCL 124.773).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 23. (1) An authority may enter into an intergovernmental

 

agreement with the Michigan economic development corporation for

 

the joint exercise of powers and duties under this act, of the

 

powers and duties of the authority and the Michigan economic

 

development corporation, and for the provision of economic

 

development services related to the activities of the authority.

 

     (2) An authority may enter into an intergovernmental agreement

 

with the Michigan state housing development authority for the joint

 

exercise of powers and duties under this act, of the powers and

 

duties of the authority and the Michigan state housing development

 

authority, and for the provision of redevelopment services related

 

to the activities of the authority.

 

     (3) A county, city, qualified city, township, or village may

 

enter into an intergovernmental agreement with the state authority

 

providing for the transfer to the authority of tax reverted

 

property held by the county, city, township, or village, for title

 

clearance, for the disposition of the proceeds from the sale of the

 

property, and for other activities authorized under this act,

 

including the return or transfer of property under the control of

 

the authority to the county, city, township, or village. An

 

intergovernmental agreement under this subsection may not provide

 

for a separate legal or administrative entity to administer or

 

execute the agreement under section 7 of the urban cooperation act

 

of 1967, 1967 (Ex Sess) PA 7, MCL 124.507.

 

     (4) A county foreclosing governmental unit may, with the

 

approval of the board of commissioners for that county and, if that

 

county has an elected county executive, with the concurrence of the

 

elected county executive, enter into an intergovernmental agreement

 

with the state authority providing for the exercise of the powers,

 

duties, functions, and responsibilities of an authority under this

 

act and for the creation of a county authority to exercise those

 

functions. If a county authority is created under this subsection,

 

the treasurer of the county shall be a member of the authority

 

board. If a county authority is created in a county with a

 

population of 1,500,000 or more, the governing authority board of

 

that county authority is dissolved and shall be replaced with a new

 

governing authority board 30 days after the dissolution that

 

consists of 7 members as follows:

 

     (a) The county treasurer of the county as chairperson of the

 

authority board.

 

     (b) Two individuals appointed by the county treasurer of the

 

county.

 

     (c) Two individuals appointed by the board of commissioners of

 

the county.

 

     (d) Two individuals appointed by the county executive of the

 

county if that county has an elected county executive. If that

 

county does not have an elected county executive, then the

 

individuals shall be appointed by the board of commissioners of

 

that county.

 

     (5) A qualified city may enter into an intergovernmental

 

agreement with the state authority providing for the exercise of

 

the powers, duties, functions, and responsibilities of an authority

 

under this act and for the creation of a local authority to

 

exercise those functions.

 

     (6) An intergovernmental agreement under subsection (4) or (5)

 

shall provide for all of the following:

 

     (a) The incorporation of a county or local authority as a

 

public body corporate.

 

     (b) The name of the authority.

 

     (c) The size of the initial governing body of the county or

 

local authority, which shall be composed of an odd number of

 

members.

 

     (d) The Except as provided in subsection (4), the

 

qualifications, method of selection, and terms of office of the

 

initial board members.

 

     (e) A method for the adoption of articles of incorporation by

 

the governing body of the county or local authority.

 

     (f) A method for the distribution of proceeds from the

 

activities of the county or local authority.

 

     (g) A method for the dissolution of the local or county

 

authority and for the withdrawal from the authority of any

 

governmental agencies involved.

 

     (h) Any other matters considered advisable by the

 

participating governmental agencies, consistent with this act.

 

     (7) If under the charter of a qualified city the qualified

 

city collects delinquent city real property taxes and does not

 

return the delinquent taxes to the treasurer of the county in which

 

the qualified city is located under the general property tax act,

 

1893 PA 206, MCL 211.1 to 211.157, 211.155, any of the following

 

property held by the qualified city may be transferred to a local

 

authority:

 

     (a) Tax delinquent real property for which a lien has been

 

deemed sold to a city department director under the charter or

 

ordinances of the qualified city, except for property that was

 

deeded to a department director less than 2 years before the

 

proposed transfer to the local authority.

 

     (b) Tax delinquent real property held by the city that has

 

been foreclosed by the qualified city and for which title has

 

vested in the city pursuant to procedures established under the

 

charter or ordinances of the qualified city.

 

     (c) Any tax reverted property owned or under the control of

 

the qualified city.

 

     (8) A qualified city may authorize the transfer with or

 

without consideration of any real property or interest in real

 

property to a local authority including, but not limited to, tax

 

reverted property or interests in tax reverted property held or

 

acquired after the creation of the local authority by the qualified

 

city, with the consent of the local authority.

 

     (9) A qualified city and any agency or department of a

 

qualified city, or any other official public body, may do 1 or more

 

of the following:

 

     (a) Anything necessary or convenient to aid a local authority

 

in fulfilling its purposes under this act.

 

     (b) Lend, grant, transfer, appropriate, or contribute funds to

 

a local authority in furtherance of its purposes.

 

     (c) Lend, grant, transfer, or convey funds to a local

 

authority that are received from the federal government or this

 

state or from any nongovernmental entity in aid of the purposes of

 

this act.

 

     (10) A local authority may reimburse advances made by a

 

qualified city under subsection (9) or by any other person for

 

costs eligible to be incurred by the local authority with any

 

source of revenue available for use of the local authority under

 

this act and enter into agreements related to these reimbursements.

 

A reimbursement agreement under this subsection is not subject to

 

section 305 of the revised municipal finance act, 2001 PA 34, MCL

 

141.2305.

 

     (11) A local authority may enter into agreements with the

 

county treasurer of the county in which the qualified city is

 

located for the collection of property taxes or the enforcement and

 

consolidation of tax liens within that qualified city for any

 

property or interest in property transferred to the local

 

authority.

 

     (12) Unless specifically reserved or conditioned upon the

 

approval of the governing body of a qualified city, all powers

 

granted under this act to a local authority may be exercised by the

 

local authority without the approval of the governing body of the

 

qualified city, notwithstanding any charter, ordinance, or

 

resolution to the contrary.

 

     (13) Prior to its effectiveness, an intergovernmental

 

agreement under this section shall be filed with the county clerk

 

of each county where a party to the agreement is located and with

 

the secretary of state.

 

     (14) A county authority created under subsection (4) after the

 

effective date of the amendatory act that added this subsection

 

shall comply with all of the following:

 

     (a) The executive director and every other employee of the

 

county authority shall not make any expenditure of funds without

 

approval of the authority board.

 

     (b) The county authority shall have written guidelines for any

 

program operated by the county authority and shall have those

 

written guidelines made available to the public on its internet

 

website.

 

     (c) The county authority shall create and maintain an internet

 

website and post all competitive bids solicited by and copies of

 

all contracts entered into by the county authority.

 

     (d) The executive director of the county authority, at least

 

twice each year, shall submit performance objectives to the

 

authority board. The authority board shall review the performance

 

objectives submitted by the executive director at a meeting of the

 

authority board and evaluate whether the performance objectives

 

have been achieved.