Bill Text: MI SB0740 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Economic development; corridor improvement; board membership; modify. Amends sec. 8 of 2005 PA 280 (MCL 125.2878).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-06-04 - Referred To Committee On Commerce [SB0740 Detail]
Download: Michigan-2013-SB0740-Introduced.html
SENATE BILL No. 740
January 21, 2014, Introduced by Senator SMITH and referred to the Committee on Economic Development.
A bill to amend 2005 PA 280, entitled
"Corridor improvement authority act,"
by amending section 8 (MCL 125.2878), as amended by 2012 PA 229.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) Except as provided in subsection (7) or as
otherwise provided in subsection (8), an authority shall be under
the supervision and control of a board consisting of the chief
executive officer of the municipality or his or her assignee and
not less than 5 or more than 9 members as determined by the
governing body of the municipality. Members shall be appointed by
the chief executive officer of the municipality, subject to
approval by the governing body of the municipality. Not less than a
majority of the members shall be persons having an ownership or
business interest in property located in the development area. At
least 1 of the members shall be a resident of the development area
or of an area within 1/2 mile of any part of the development area.
Of the members first appointed, an equal number of the members, as
near as is practicable, shall be appointed for 1 year, 2 years, 3
years, and 4 years. A member shall hold office until the member's
successor is appointed. After the initial appointment, each member
shall serve for a term of 4 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 actual and
necessary expenses. The chairperson of the board shall be elected
by the board.
(2) Before assuming the duties of office, a member shall
qualify by taking and subscribing to the constitutional oath of
office.
(3) The proceedings and rules of the board are subject to the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275. 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 if called in the manner provided in
the rules of the board. 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 the member's service as a
public official shall be defined to also include the member's
resignation or removal from the position as a public official.
(4) After having been given notice and an opportunity to be
heard, a member of the board may be removed for cause by the
governing body.
(5) All expense items of the authority shall be publicized
monthly and the financial records shall always be open to the
public.
(6) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(7) If the boundaries of the development area are the same as
those of a business improvement district established under 1961 PA
120,
MCL 125.981 to 125.990m, 125.990n,
the governing body of the
municipality may provide that the members of the board of the
authority shall be the members of the board of the business
improvement district and 1 person shall be a resident of the
development area or of an area within 1/2 mile of any part of the
development area.
(8) If 2 or more cities, villages, or townships create a joint
authority under section 4(2), the board shall consist of up to 3
individuals appointed by the chief executive officer of each city,
village, or township that is a member of the joint authority. Each
of those individuals shall be appointed for initial staggered terms
of 2 years, 3 years, or 4 years. A member shall hold office until
the member's successor is appointed. After the initial appointment,
each member shall serve for a term of 4 years. An appointment to
fill a vacancy shall be made by the chief executive officer of the
city, village, or township for the unexpired term only. Members of
the board shall serve without compensation, but shall be reimbursed
for actual and necessary expenses. The chairperson of the board
shall be elected by the board.
