Bill Text: MI SB0123 | 2013-2014 | 97th Legislature | Introduced
Bill Title: State financing and management; funds; funding for purchase of land and development of certain convention facilities; provide for. Amends secs. 3, 5 & 8 of 1999 PA 203 (MCL 141.1403 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-05-14 - Assigned Pa 0026'13 With Immediate Effect [SB0123 Detail]
Download: Michigan-2013-SB0123-Introduced.html
SENATE BILL No. 123
January 30, 2013, Introduced by Senator HILDENBRAND and referred to the Committee on Economic Development.
A bill to amend 1999 PA 203, entitled
"The convention facility authority act,"
by amending sections 3, 5, and 8 (MCL 141.1403, 141.1405, and
141.1408).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Authority" means a convention facility authority created
under section 4.
(b) "Board" means the board of directors of an authority.
(c) "Convention facility" means all or any part of, or any
combination of, a convention hall, auditorium, arena, sports
facility, market, or other facility meeting rooms, exhibition area,
and related adjacent public areas that are generally available to
the
public for lease on a short-term basis for holding conventions,
meetings,
exhibits, and similar events
or use, together with
appurtenant property, including parking lots or structures,
necessary and convenient for use in connection with the convention
facility.
(d) "Develop", unless the context clearly indicates a
different meaning, means to acquire, market, promote, construct,
improve, enlarge, renew, renovate, replace, lease, equip, furnish,
or operate.
(e) "Fund" means the convention facility authority fund
created for each authority as provided in section 10.
(f) "Qualified city" means a city with a population of more
than 170,000 according to the most recent decennial census that is
the most populous city in a qualified county.
(g) "Qualified county" means a county with a population of
more than 500,000 according to the most recent decennial census
that
contains a qualified city., and that is not a charter county
or
a county with an optional unified form of government.
Sec. 5. (1) The powers, duties, and functions of an authority
are vested in and shall be exercised by a board of directors. The
board shall consist of 7 members as follows:
(a) Two members who are residents of the qualified county
appointed by the county board of commissioners of the qualified
county, not less than 1 of whom is from the private sector with
experience in economic development.
(b) Two members who are residents of the qualified county
appointed by the mayor of the qualified city with approval by the
legislative body of the qualified city, not less than 1 of whom is
from the private sector with experience in economic development.
(c) One member who is a resident of the qualified county
appointed by the governor.
(d) Two members who are residents of the qualified county
appointed by the 5 members described in subdivisions (a), (b), and
(c) at the first meeting of the board as the first item of
business, both of whom shall be selected from a list of not fewer
than 3 individuals provided by the local convention and visitors
bureau. Every 2 years after the first appointment under this
subdivision, 1 member shall be appointed at the first meeting of
the board following the expiration of the member's term as the
first item of business. If the local convention and visitors bureau
desires that an existing member be reappointed for another term, it
shall notify the 5 members serving on the board described in
subdivisions (a), (b), and (c) who shall have the option of
reappointing or not reappointing the existing member. If the
existing member is not reappointed, the local convention and
visitors bureau shall provide the 5 members a list of not fewer
than 3 individuals that are residents of the qualified county from
which 1 shall be appointed to the board. If the local convention
and visitors bureau has determined that an existing member whose
term is expiring or has expired not be reappointed, it shall
provide the 5 members a list of not fewer than 3 individuals that
are residents of the qualified county from which 1 shall be
appointed to the board.
(2) Except as otherwise provided in this subsection, members
of the board shall be appointed for a term of 4 years. One of the
board members first appointed by the county board of commissioners
of the qualified county and 1 of the board members first appointed
by the mayor of the qualified city with the approval of the
legislative body of the qualified city shall be appointed for a
term of 2 years. The first member appointed under subsection 1(d)
shall
be appointed for a term of 2 years. A person is not eligible
to
be a member of the board if that person has served 12 or more
consecutive
years as a member of that board.
(3) Upon appointment to a board under subsection (1) and upon
taking and the filing of the constitutional oath of office, a
member of the board shall enter office and exercise the duties of
the office to which he or she is appointed.
(4) A vacancy on a board of a member serving for a fixed term
shall be filled in the same manner as the original appointment for
the balance of the unexpired term. A member of the board holds
office until a successor is appointed and qualified.
(5) Notwithstanding a charter provision of a qualified city to
the contrary, a member of the legislative body or other city
official of the qualified city is eligible to serve as a member of
a board established under this act.
Sec. 8. (1) An authority may do all things necessary or
convenient to carry out the purposes, objectives, and provisions of
this act and the purposes, objectives, and powers delegated to the
authority or the board by other laws or executive orders,
including, without limitation, all of the following:
(a) Adopt bylaws for the regulation of its affairs and alter
the bylaws at its pleasure.
(b) Sue and be sued in its own name.
(c) Enter into contracts, including management contacts, and
other instruments necessary, incidental, or convenient to the
performance of its duties and the exercise of its powers and
designate the person or persons who have authority to execute those
contracts
and investments instruments
on behalf of the authority
and to hire any other service providers or consultants the
authority deems appropriate to assist in the performance of its
duties.
(d) Solicit, receive, and accept from any source gifts,
grants, loans, or contributions of money, property, or other things
of value, and other aid or payment, or participate in any other way
in a federal, state, or local government program.
(e) Procure insurance against loss in connection with the
property, assets, or activities of the authority.
(f) Invest money of the authority under 1943 PA 20, MCL 129.91
to
129.96, 129.97a, and deposit money of the authority under 1932
(1st Ex Sess) PA 40, MCL 129.11 to 129.16.
(g) Engage, on a contract basis, the services of private
consultants, managers, legal counsel, and auditors for rendering
professional or technical assistance and advice payable out of any
money of the authority.
(h) Indemnify and procure insurance indemnifying members of
the board from personal loss or accountability for liability
asserted by a person with regard to bonds or other obligations of
the authority, or from any personal liability or accountability by
reason of the issuance of the bonds or other obligations or by
reason of any other action taken or the failure to act by the
authority.
(i) Establish and maintain an office and employ and fix
compensation for personnel of the authority. To hire an executive
director or other chief administrative officer who is authorized to
establish and fix a schedule of rents, admission fees, or other
charges for occupancy, use of, or admission to any convention
facility operated by the authority and provide for the collection
and enforcement of those rents, admission fees, or other charges.
(j) Hold, clear, remediate, improve, maintain, manage,
control, sell, exchange, mortgage and hold mortgages on and other
security interests in, lease, as lessor or lessee, and obtain or
grant easements and licenses on property that the authority
acquires. A sale, exchange, lease, or other disposition of
authority property shall be to a person or persons for a project or
projects involving a convention facility. Property acquired by the
authority and later determined by the authority to be not necessary
for a convention facility may be sold or otherwise disposed of for
use or uses not inconsistent with the purposes of this act.
Temporary or permanent easements or licenses or other appropriate
interests in property acquired by the authority may be conveyed or
granted by the authority for utility, vehicular, or pedestrian
traffic facilities, or related purposes not inconsistent with this
act. The authority does not have the power to condemn property.
(k) Issue negotiable revenue bonds under the revenue bond act
of 1933, 1933 PA 94, MCL 141.101 to 141.140. Revenue bonds issued
by the authority are not a debt of the qualified county, qualified
city, or this state.
(l) Develop, a acquire,
or own 1 or more convention
facility.facilities.
(m) Do all other acts and things necessary or convenient to
carrying out the purposes for which the authority was established.
(2) An authority established under this act shall not levy a
tax.
