December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1974 PA 338, entitled
"Economic development corporations act,"
by amending sections 15, 17, 23, and 31 (MCL 125.1615, 125.1617,
125.1623, and 125.1631), sections 17 and 31 as amended by 1980 PA
501 and section 23 as amended by 2002 PA 357.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) Meetings of the project citizens district council
shall
be open to the public. Notice Through
December 31, 2014
notice of the time and place of the meetings shall be given by
publication in a newspaper of general circulation not less than 3
days before the dates set for meetings of the project citizens
district council. Beginning January 1, 2015, the project citizens
district council shall provide tier B public notice as provided in
the local government public notice act of the time and place of the
meeting, not less than 3 days before the date set for the meeting.
A person present at those meetings shall have reasonable
opportunity to be heard.
(2) A record of the meetings of a project citizens district
council, including information and data presented, shall be
maintained by the council.
(3) A project citizens district council may request of and
receive from the corporation and the local public agency
information and technical assistance relevant to the preparation of
a project plan for its district area.
(4) Failure of a project citizens district council to organize
or to consult with and be advised by a corporation and the local
public agency, or failure to advise the local public agency or the
governing
body, as provided herein, in
this section, shall not
preclude the adoption of a project plan by a municipality if the
municipality complies with the other provisions of this act.
Sec. 17. (1) The governing body of the municipality for which
the corporation is incorporated, before adoption of a resolution
approving a project plan authorized by this act, shall hold a
public hearing. This act shall not be construed to require any
other municipality, other than the municipality for which the
corporation
is incorporated, to hold a public hearing. Notice
Through December 31, 2014, notice of the time and place of the
hearing shall be given by publication once in a newspaper of
general circulation designated by the municipality, not less than
10 days before the date set for the hearing. Beginning January 1,
2015, the governing body of the municipality shall provide tier B
public notice with a link as provided in the local government
public notice act of the time and place of the hearing, not less
than 10 days before the date set for the hearing. In the case of an
agricultural and forestry enterprise project undertaken by a county
corporation, each unit of government within the county shall be
notified by mail.
(2)
Notice Through December
31, 2014, notice of the hearing
shall be posted in at least 10 conspicuous and public places in the
proposed project district area not less than 10 days before the
hearing and shall be mailed not less than 10 days before the
hearing to the last known owner of each parcel of real property in
the proposed project district area at the last known address of the
owner as shown by the tax assessment records of the municipality in
which the project area is located. Agricultural and forestry
enterprise projects shall not be required to comply with this
subsection.
(3) Notice of the time, date, and place of hearing on a
proposed project plan shall contain a description of the location
of the project area in relation to highways, streets, streams, or
otherwise. The notice shall contain a statement that maps, plats,
and a description of the proposed project plan, including the
method of relocating families and individuals who will be displaced
from the area, are available for public inspection at a place
designated in the notice and that all aspects of the proposed
project plan will be open for discussion at the public hearing and
shall contain other information the governing body considers
appropriate. At the time set for hearing, the governing body shall
provide an opportunity for interested persons to be heard and shall
receive and consider communications in writing with reference to
the hearing. The hearing shall provide the fullest opportunity for
expression of opinion, for argument on the merits, and for
introduction of documentary evidence pertinent to the proposed
project plan. The governing body shall make and preserve a record
of the public hearing, including all data presented at the public
hearing. The record shall be made available to the public in
compliance
with Act No. 442 of the Public Acts of 1976, as amended,
being
sections 15.231 to 15.246 of the Michigan Compiled Laws.the
open meetings act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 23. (1) For the purpose of defraying all or part of its
project costs, refunding or refunding in advance obligations
authorized under this act or obligations authorized under the
industrial development revenue bond act of 1963, 1963 PA 62, MCL
125.1251 to 125.1267, by a municipality incorporating a corporation
under this act, a corporation may borrow money and issue its
revenue bonds or revenue notes. Refunding bonds may be issued by
the corporation whether the bonds to be refunded have or have not
matured, are or are not redeemable on the date of issuance of the
refunding bonds, or are or are not subject to redemption before
maturity, and may be issued to pay principal, interest, redemption
premiums, or any combination thereof of the obligations to be
refunded. The bonds may be issued partly to refund bonds and partly
for any other purpose authorized by this act. The refunding bonds
may be issued in a principal amount greater than the principal
amount of the bonds to be refunded as may be necessary to effect
the refunding pursuant to the plan of refunding. The bonds or notes
shall be exempt from all taxation except inheritance and transfer
taxes and the interest on the bonds or notes shall be exempt from
all taxation in the state of Michigan, notwithstanding that the
interest may be subject to federal income tax.
(2) The municipality shall not be liable on notes or bonds of
the corporation and the notes and bonds shall not be a debt of the
municipality. The notes and bonds shall contain on their face a
statement to that effect.
(3) The bonds and notes of the corporation may be invested in
by all public officers, state agencies and political subdivisions,
insurance companies, banks, savings and loan associations,
investment companies, and fiduciaries and trustees, and may be
deposited with and received by all public officers and the agencies
and political subdivisions of this state for any purpose for which
the deposit of bonds is authorized.
(4) The corporation shall report to the governing body of the
municipality for which the corporation is incorporated and the
Michigan economic development corporation not less than once per
year, which report shall fully describe the activities of the
corporation including a statement of all revenues and expenditures
since the previous report.
(5) The financial records, accountings, audit reports, and
other reports of public money under the control of the corporation
shall
be public records and open to inspection. The Through
December 31, 2014, the corporation shall publish in a newspaper of
general circulation in the incorporating municipality not more than
120 days after the conclusion of the corporation's operating year a
statement
of all of its revenues and expenditures for the year. and
Beginning January 1, 2015, the corporation shall provide tier B
public notice with a link as provided in the local government
public notice act of a statement of all of its revenues and
expenditures for the year not more than 120 days after the
conclusion of the corporation's operating year. The corporation
shall distribute copies of the report upon request.
Sec. 31. (1) The articles of incorporation shall be executed
in duplicate and delivered to the county clerk who shall file 1
copy in his or her office and the other with the recording officer
of
the corporation when a recording officer is selected. The
Through December 31, 2014, the municipality's clerk shall cause a
copy of the articles of incorporation to be published once in a
newspaper designated in the articles of incorporation and
circulating
within the municipality. accompanied by Beginning
January 1, 2015, the municipality's clerk shall provide tier B
public notice with a link as provided in the local government
public notice act of the articles of incorporation.
The publication shall include a statement that the right exists to
question the incorporation in court as provided in this section.
(2) The county clerk shall file 1 printed copy of the articles
of incorporation with the secretary of state and 1 printed copy in
his or her office, attached to each of which printed copies shall
be his or her certificate setting forth that the same is a true and
complete copy of the original articles of incorporation on file in
his or her office.
(3) The corporation shall become effective at the time
provided in the articles of incorporation.
(4) The validity of the incorporation shall be conclusively
presumed unless questioned in a court of competent jurisdiction
within 60 days after the filing of a certified copy with the
secretary of state.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.