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.