Bill Text: MI SB0739 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Economic development; local development financing authority; board membership; modify. Amends sec. 5 of 1986 PA 281 (MCL 125.2155).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-06-04 - Referred To Committee On Commerce [SB0739 Detail]
Download: Michigan-2013-SB0739-Engrossed.html
SB-0739, As Passed Senate, June 4, 2014
SUBSTITUTE FOR
SENATE BILL NO. 739
A bill to amend 1986 PA 281, entitled
"The local development financing act,"
by amending section 5 (MCL 125.2155), as amended by 2010 PA 276.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) The authority shall be under the supervision and
control of a board of 7 members appointed by the chief executive
officer of the city, village, or urban township creating the
authority subject to the approval of the governing body creating
the authority. The board shall include 1 member appointed by the
county board of commissioners of the county in which the authority
is located. The board shall include 1 member representing a
community or junior college in whose district the authority is
located appointed by the chief executive officer of that community
or junior college. The board shall also include 2 members appointed
by the chief executive officer of each local governmental unit,
other than the city, village, or urban township creating the
authority, which levied 20% or more of the ad valorem property
taxes levied against all property located in an authority district
in the year before the year in which the authority district is
established. However, those additional members shall only vote on
matters relating to authority districts located within their
respective local unit of government. Of the members first
appointed, an equal number, as near as possible, shall have terms
designated by the governing body creating the authority of 1 year,
2 years, 3 years, and 4 years. However, a member shall hold office
until the member's successor is appointed. After the first
appointment, each member shall serve for a term of 4 years. An
appointment to fill a vacancy shall be made in the same manner as
the original appointment. An appointment to fill an unexpired term
shall be for the unexpired portion of the term only. Members of the
board shall serve without compensation, but shall be reimbursed for
actual and necessary expenses.
(2) The chairperson of the board shall be elected by the
board.
(3) Before assuming the duties of office, a member shall
qualify by taking and subscribing to the constitutional oath of
office.
(4) 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 when called in the
manner provided in the rules of the board. Meetings of the board
shall be open to the public, in accordance with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275. 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
service as a public official shall be defined to also include the
public official's resignation or removal from the position as a
public official.
(5) Subject to notice and an opportunity to be heard, a member
of the board may be removed before the expiration of his or her
term for cause by the governing body. Removal of a member is
subject to review by the circuit court.
(6) All expense items of the authority shall be publicized
annually and the financial records shall be open to the public
pursuant to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(7) The provisions of subsections (1) and (5) of this section
shall not apply to an authority exercising its powers under section
3(3).
