May 24, 2007, Introduced by Senators THOMAS, RICHARDVILLE, PATTERSON, SANBORN, GILBERT, PAPPAGEORGE, JANSEN, BIRKHOLZ, ALLEN, BROWN, GARCIA, JACOBS and HUNTER and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1996 PA 381, entitled
"Brownfield redevelopment financing act,"
by amending section 4 (MCL 125.2654), as amended by 2005 PA 101.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A governing body may declare by resolution adopted
by a majority of its members elected and serving its intention to
create and provide for the operation of an authority.
(2) In the resolution of intent, the governing body shall set
a date for holding a public hearing on the adoption of a proposed
resolution creating the authority. Notice of the public hearing
shall be published twice in a newspaper of general circulation in
the municipality, not less than 20 nor more than 40 days before the
date of the hearing. The notice shall state the date, time, and
place of the hearing. At that hearing, a citizen, taxpayer,
official from a taxing jurisdiction whose millage may be subject to
capture under a brownfield plan, or property owner of the
municipality has the right to be heard in regard to the
establishment of the authority.
(3) Not more than 30 days after the public hearing, if the
governing body intends to proceed with the establishment of the
authority, the governing body shall adopt, by majority vote of its
members elected and serving, a resolution establishing the
authority. The adoption of the resolution is subject to all
applicable statutory or charter provisions with respect to the
approval or disapproval by the chief executive or other officer of
the municipality and the adoption of a resolution over his or her
veto. This resolution shall be filed with the secretary of state
promptly after its adoption, and a copy of that resolution shall be
mailed to each taxing jurisdiction whose millage will be captured
by the authority.
(4) The proceedings establishing an authority shall be
presumptively valid unless contested in a court of competent
jurisdiction within 60 days after the filing of the resolution with
the secretary of state.
(5) The exercise by an authority of the powers conferred by
this act shall be considered to be an essential governmental
function and benefit to, and a legitimate public purpose of, the
state, the authority, and the municipality or units.
(6) If the board implements or modifies a brownfield plan that
contains a qualified facility, the governing body shall mail notice
of that implementation or modification to each taxing jurisdiction
that levies ad valorem property taxes in the municipality. Not more
than 60 days after receipt of that notice, the governing body of a
taxing jurisdiction levying ad valorem property taxes that would
otherwise be subject to capture may exempt its taxes from capture
by adopting a resolution to that effect and filing a copy with the
clerk of the municipality in which the qualified facility is
located. The resolution takes effect when filed with that clerk and
remains effective until a copy of a resolution rescinding that
resolution is filed with that clerk.