Bill Text: MI HB4626 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Economic development; other; authority for property purchase by certain land bank authorities and certain procedures; clarify and modify. Amends sec. 23 of 2003 PA 258 (MCL 124.733).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-30 - Printed Bill Filed 04/26/2013 [HB4626 Detail]

Download: Michigan-2013-HB4626-Introduced.html

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HOUSE BILL No. 4626

 

April 25, 2013, Introduced by Rep. Yonker and referred to the Committee on Local Government.

 

     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.

 

     (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 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) If the department determines that an authority created

 

under subsection (3), (4), or (5) has purchased or acquired tax

 

reverted property in violation of this act, the department shall

 

suspend the power of that authority to purchase or acquire tax

 

reverted property until the department is satisfied that the

 

authority will operate in compliance with this act. Any person or

 

business entity may file a complaint with the department if they

 

believe an authority described in this subsection has violated this

 

act. If a complaint is filed with the department under this

 

subsection, the department shall make a written determination of

 

its decision and provide a copy of that written determination to

 

the authority and the person or business entity that filed the

 

complaint within 90 days after the receipt of the complaint. Either

 

party may appeal the decision of the department to the circuit

 

court in which the authority described in this subsection is

 

located with 56 days after the determination. If an authority

 

described in this subsection loses an appeal at the circuit court,

 

the authority shall pay the reasonable attorney fees of the

 

opposing party. If the department determines that an authority

 

described in this subsection has purchased or acquired tax reverted

 

property in violation of this act, the governing body of the

 

county, city, qualified city, township, or village that entered

 

into the intergovernmental agreement to create the authority shall

 

remove the director of that authority.