Bill Text: MI SB0287 | 2013-2014 | 97th Legislature | Introduced
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) 2013-04-09 - Referred To Committee On Economic Development [SB0287 Detail]
Download: Michigan-2013-SB0287-Introduced.html
SENATE BILL No. 287
April 9, 2013, 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 or his or her designee.
(b) Two individuals appointed by the board of commissioners of
the county.
(c) 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.
(d) Two individuals appointed jointly by the county executive
of the county, if that county has an elected county executive, and
the board of commissioners of the county. If that county does not
have an elected county executive, then the individuals shall be
appointed by the board of commissioners of that county. The
chairperson of the authority board shall be selected by a majority
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 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 authority board shall approve all contracts that the
county authority enters into. However, the county authority board
may delegate purchasing authority to the executive director for
incidental administrative expenses of less than $5,000.00.
(c) 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.
(d) The county authority shall create or adopt a written
ethics policy for governing the conduct of county authority
business, consistent with 1973 PA 196, MCL 15.341 to 15.348.
(e) The county authority shall establish written policies and
procedures for establishing priority for the acquisition,
disposition, and transfer of all properties.
(f) The county authority shall establish written policies and
procedures regarding the approval and management of all county
authority procurements.
(g) 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.
(h) 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.
(i) The county authority shall develop written programs and
policies, in consultation with the state land bank fast track
authority and the department of treasury, that include, but are not
limited to, all of the following:
(i) Encourage collaboration with individuals, nonprofit
organizations, and community development organizations to return
tax reverted properties, properties owned or acquired by a land
bank fast track authority, and any other properties to productive
use and return them to the tax rolls.
(ii) Create a side-lot transfer program that promotes the
transfer of side-lots to adjoining property owners. Preference
shall be given to adjoining property owners who occupy the
adjoining property. The program shall provide the adjoining
property owners with an option to apply for and purchase the
property for nominal consideration.
(iii) Promote urban gardening. As used in this subparagraph,
"urban gardening" means allowing individuals or groups of
individuals within the community to apply with the authority for
use of vacant land for community gardening projects.
(iv) Promote residential rehabilitation programs. As used in
this subparagraph, "residential rehabilitation program" means a
program that allows any individual or group of individuals to apply
for the acquisition of any property owned or acquired by the
authority for rehabilitation. The program shall allow the applicant
to work with the authority to identify a property for
rehabilitation, and the amount of the investment to be made in the
rehabilitation may be considered in determining the sale price of
that property.
(v) Promote a commercial properties program. As used in this
subparagraph, "commercial properties program" means a program that
promotes the acquisition and improvement of certain commercial
properties by the authority to allow for the most productive use.
(vi) Promote any other activities or programs that would reduce
blight, increase property values, spur economic development, or
otherwise improve the quality of the community.
