November 8, 2007, Introduced by Reps. Dean, Tobocman, Lahti, Sheltrown, Simpson, Scott, Meadows, Miller, Alma Smith, Sak, LeBlanc, Clack, Hammel, Lemmons, Hammon, Byrum, Gonzales, Polidori, Corriveau, Constan, Wojno, Kathleen Law, Leland, Espinoza, Brown, Ebli, Hopgood, Bauer and Jackson and referred to the Committee on Banking and Financial Services.
A bill to amend 1966 PA 346, entitled
"State housing development authority act of 1966,"
by amending section 21 (MCL 125.1421), as amended by 2000 PA 257.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21. (1) There is created a public body corporate and
politic to be known as the "Michigan state housing development
authority". The authority shall consist of 3 heads of principal
departments of the executive branch of the state government and 4
persons appointed by the governor with the advice and consent of
the senate. Excluding the 3 heads of principal departments of the
executive branch of state government and the designated resident
member described in subsection (2), not more than 2 of the persons
appointed shall be members of the same political party. Upon
completion of each term, a person shall be appointed for a term of
4 years, except that a vacancy shall be filled for the unexpired
term. A member of the authority shall not receive compensation for
services but is entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of the member's
duties. Each member shall hold office until a successor has been
appointed and has qualified. A certificate of appointment or
reappointment of a member shall be filed with the authority and
this certificate shall be conclusive evidence of the proper
appointment of that member.
(2) If federal law requires designation of a resident member
on the authority, the number of gubernatorially appointed members,
in addition to the 3 heads of principal departments, increases from
4 to 5. One of the 5 gubernatorially appointed members shall be the
designated resident member. The resident member shall meet both of
the following requirements:
(a) The person is an individual directly assisted by a federal
housing program administered through the authority. As used in this
subdivision, "directly assisted" means residing in federally-
supported public housing or receiving section 8 tenant-based
assistance. Directly assisted does not include a state-financed
housing assistance program, section 8 project-based assistance, or
section 8 new construction assistance.
(b) The person is an eligible resident. As used in this
subdivision, "eligible resident" means a person whose name appears
on the lease of the assisted housing who is 18 years of age or
older.
(3) A person who no longer meets either requirement of
subsection (2)(a) or (b) is removed from the authority for cause
upon the appointment of another person as the resident member
position.
(4) The powers of the authority shall be vested in the members
in office. A majority of the members of the authority constitutes a
quorum for the purpose of conducting the authority's business, for
exercising the authority's powers, and for other purposes,
notwithstanding the existence of any vacancies. Action may be taken
by the authority upon a vote of a majority of the members present,
unless the bylaws of the authority require a larger number, except
that to the extent required by federal law, the resident member
shall only take part in, vote on, and exercise the powers of the
authority concerning decisions related to the administration,
operation, and management of federal public housing programs and
section 8 tenant-based assistance programs. The resident member
shall not take part in, vote on, or exercise the powers of the
authority in a matter that uniquely applies to the resident member
and is not generally applicable to all residents. In the absence of
fraud, a determination of the authority with respect to findings of
fact made by the authority acting within the scope of its powers is
conclusive, except with respect to the approval of the municipal
finance commission or its successor agency as required by law.
(5) Meetings of the members of the authority may be held
anywhere in this state. The business that the authority may perform
shall be conducted at a public meeting of the authority held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. Public notice of the time, date, and place of the meeting
shall be given in the manner required by the open meetings act,
1976 PA 267, MCL 15.261 to 15.275.
(6) The authority shall elect a chairperson and vice-
chairperson. The authority shall employ an executive director,
legal and technical experts, and other officers, agents, and
employees, permanent and temporary, as the authority requires, and
shall determine their qualifications, duties, and compensation. The
authority may delegate to 1 or more agents or employees those
powers or duties as the authority considers proper.
(7)
The authority shall be within the department of consumer
and
industry services labor and
economic growth and shall exercise
the authority's prescribed statutory powers, duties, and functions
independently
of the head of that department. However, the
budgeting,
procurement, and related functions of the authority
shall
be performed under the direction and supervision of the
director
of consumer and industry services.
(8) As used in this section, "section 8" means section 8 of
the
United States housing act of 1937, chapter 896, 88 Stat. 662,
42
U.S.C. USC 1437f.