HOUSE BILL NO. 5822
May 28, 2020, Introduced by Rep. LaGrand and
referred to the Committee on Local Government and Municipal Finance.
A bill to amend 2003 PA 258, entitled
"Land bank fast track act,"
by amending section 3 (MCL 124.753).
the people of the state of michigan enact:
(a) "Authority"
means a land bank fast track authority created under section 15, section 23(4),
or section 23(5).
(b) "Authority
board" means the board of directors of the state authority appointed under
section 16.
(c) "Casino"
means a casino regulated by this state under the Michigan gaming control Gaming Control and revenue act, the Initiated Law of
1996, Revenue Act, 1996 IL 1, MCL 432.201 to 432.226, or a casino at which gaming is
conducted under the Indian gaming regulatory act, Public Law 100-497, 102 Stat. 2467, 25 USC 2701 to 2721, and all property
associated or affiliated with the operation of the casino, including, but not
limited to, a parking lot, hotel, motel, or retail store.
(d) "County
authority" means a county land bank fast track authority created by a
county foreclosing governmental unit under section 23(4).
(e)
"Department" means the department of labor and economic growth, a principal department of state
government created by section 225 of the executive organization act of 1965,
1965 PA 380, MCL 16.325, and renamed by Executive Order No. 1996-2, MCL
445.2001, and by Executive Order No. 2003-18.labor and economic opportunity.
(f) "Foreclosing
governmental unit" means that term as defined in section 78 of the general
property tax act, 1893 PA 206, MCL 211.78.
(g) "Fund"
means the land bank fast track fund created in section 18.
(h) "Intergovernmental
agreement" means a contractual agreement between 1 or more governmental
agencies, including, but not limited to, an interlocal agreement to jointly
exercise any power, privilege, or authority that the agencies share in common
and that each might exercise separately under the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(i) "Local
authority" means a local land bank fast track authority created by a
qualified city under section 23(5).
(j) "Local unit of
government" means a city, village, township, county, or any
intergovernmental, metropolitan, or local department, agency, or authority, or
other local political subdivision.
(k) "Michigan
economic development corporation" means the public body corporate created
under section 28 of article VII of the state constitution of 1963 and the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a
contractual interlocal agreement effective April 5, 1999, as amended, between
local participating economic development corporations formed under the economic
development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, and the
Michigan strategic fund. If the Michigan economic development corporation is
unable for any reason to perform its duties under this act, those duties may be
exercised by the Michigan strategic fund.
(l) "Michigan state housing development authority"
means the authority created under the state housing development authority act
of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.
(m) "Michigan strategic fund" means the Michigan
strategic fund as described in the Michigan strategic fund act, 1984 PA 270,
MCL 125.2001 to 125.2093.125.2094.
(n) "Qualified city" means a 1 of the following:
(i) A city that contains a first class school
district. and includes any department or
agency of the city.
(ii) A city that has a population of 70,000 or
more according to the most recent federal decennial census and that city is not
located in a county with a county authority under section 23(4) at the time the
city establishes a local authority under section 23(5).
(o) "State administrative board" means the board
created under 1921 PA 2, MCL 17.1 to 17.3, that exercises general supervisory
control over the functions and activities of all administrative departments,
boards, commissioners, and officers of the state and of all state institutions.
(p) "State authority" means the land bank fast
track authority created under section 15.
(q) "Tax reverted property" means property that
meets 1 or more of the following criteria:
(i) The property was
conveyed to this state under section 67a of the general property tax act, 1893
PA 206, MCL 211.67a, and subsequently was not sold at a public auction under
section 131 of the general property tax act, 1893 PA 206, MCL 211.131, except
property described in section 131 of the general property tax act, 1893 PA 206,
MCL 211.131, that is withheld from sale by the director of the department of
natural resources as authorized in that section.
(ii) The property was
conveyed to this state under section 67a of the general property tax act, 1893
PA 206, MCL 211.67a, and subsequently was either redeemed by a local unit of
government or transferred to a local unit of government under section 2101 or
2102 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.2101 and 324.2102, or under former section 461 of 1909 PA 223 except
property transferred to a local unit of government that is subject to a
reverter clause under which the property reverts to this state upon transfer by
the local unit of government.
(iii) The property was
subject to forfeiture, foreclosure, and sale for the collection of delinquent
taxes as provided in sections 78 to 79a of the general property tax act, 1893
PA 206, MCL 211.78 to 211.79a, and both of the following apply:
(A) Title to the property vested in a foreclosing
governmental unit under section 78k of the general property tax act, 1893 PA
206, MCL 211.78k.
(B) The property was offered for sale at an auction but not
sold under section 78m of the general property tax act, 1893 PA 206, MCL
211.78m.
(iv) The property was
obtained by or transferred to a local unit of government under section 78m of
the general property tax act, 1893 PA 206, MCL 211.78m.
(v) Pursuant to the
requirements of a city charter, the property was deeded to or foreclosed by the
city or a department or agency of the city for unpaid delinquent real property
taxes.