Bill Text: MI HB5131 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Economic development; brownfield redevelopment authority; member of board; allow to be appointed to serve in his or her capacity as elected official, and establish that when member's service as elected official ends, the term on the board ends. Amends sec. 5 of 1996 PA 381 (MCL 125.2655).
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2014-07-16 - Assigned Pa 244'14 With Immediate Effect [HB5131 Detail]
Download: Michigan-2013-HB5131-Engrossed.html
HB-5131, As Passed Senate, June 10, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5131
A bill to amend 1996 PA 381, entitled
"Brownfield redevelopment financing act,"
by amending section 5 (MCL 125.2655), as amended by 2000 PA 145.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Each authority shall be under the supervision and
control of a board chosen by the governing body. Subject to
subsection (2), the governing body may by majority vote designate 1
of the following to constitute the board:
(a) The board of directors of the economic development
corporation of the municipality established under the economic
development corporations act, 1974 PA 338, MCL 125.1601 to
125.1636.
(b) The trustees of the board of a downtown development
authority established under 1975 PA 197, MCL 125.1651 to 125.1681.
(c) The trustees of the board of a tax increment financing
authority established under the tax increment finance authority
act, 1980 PA 450, MCL 125.1801 to 125.1830.
(d) The trustees of the board of a local development financing
authority established under the local development financing act,
1986 PA 281, MCL 125.2151 to 125.2174.
(e) Not less than 5 nor more than 9 persons appointed by the
chief executive officer of the municipality subject to the approval
of the governing body. Of the initial members appointed, an equal
number, as near as practicable, shall be appointed for 1 year, 2
years, and 3 years. A member shall hold office until the member's
successor is appointed and qualified. Thereafter, each member shall
serve for a term of 3 years. An appointment to fill a vacancy shall
be made by the chief executive officer of the municipality for the
unexpired term only. Members of the board shall serve without
compensation, but shall be reimbursed for reasonable actual and
necessary expenses.
(2) The governing body of a municipality in which a board
described in subsection (1)(b), (c), or (d) has been established
shall designate the trustees of 1 of those boards to constitute the
board. This subsection shall only apply in the event a board
described in subsection (1)(b), (c), or (d) is authorized under
subsection (1) to serve as the board of the authority.
(3) The members shall elect 1 of their membership as
chairperson and another as vice-chairperson. The members may
designate and elect other officers of the board as they consider
necessary.
(4) Before assuming the duties of office, a member shall
qualify by taking and subscribing to the oath of office provided in
section 1 of article XI of the state constitution of 1963.
(5) The board shall adopt rules governing its procedure and
the holding of regular meetings, subject to the approval of the
governing body. Special meetings may be held when called in the
manner provided in the rules of the board. Meetings of the board
shall be open to the public, in accordance with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275. The rules of procedure of
the authority may permit a person to be appointed to the board in
his or her capacity as a public official, whether appointed or
elected. The rules of procedure of the authority may also provide
that the member's term on the board shall expire upon expiration of
the member's service as a public official. The expiration of
service as a public official shall be defined to also include the
public official's resignation or removal from the position as a
public official.
(6) After notice and an opportunity to be heard, a member of
the board appointed under subsection (1)(e) may be removed before
the expiration of his or her term for cause by the governing body.
Removal of a member is subject to review by the circuit court.
(7) All financial records of an authority shall be open to the
public under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(8) A majority of the members of the board appointed and
serving shall constitute a quorum. Action may be taken by the board
at a meeting upon a vote of the majority of the members present.
