SENATE BILL NO. 1010
June 25, 2020, Introduced by Senator MACGREGOR
and referred to the Committee on Appropriations.
A bill to amend 1985 PA 227, entitled
"Shared credit rating act,"
by amending section 7 (MCL 141.1057), as amended by 2012 PA 439, and by adding section 16e.
the people of the state of michigan enact:
Sec. 7. The board has all of the following powers:
(a) To adopt bylaws for
the regulation of its affairs.
(b) To adopt an official
seal.
(c) To maintain a
principal office at a place within this state.
(d) To sue and be sued in
its own name and to plead and be impleaded.
(e) To loan money to a
governmental unit, or to a nonprofit corporation, trust, or similar entity for
the benefit of a public school academy, at a rate or rates as the authority
determines and to purchase and sell, and to commit to purchase and sell,
municipal obligations pursuant to this act.
(f) To borrow money and
issue negotiable revenue bonds and notes pursuant to this act.
(g) To make and enter
into contracts and other instruments necessary or incidental to the performance
of its duties and the exercise of its powers. By rotating the services of legal
counsel, the authority shall seek to increase the pool of nationally recognized
bond counsel.
(h) To receive and accept
from any source grants or contributions of money, property, or other things of
value, excluding appropriations from the general fund of this state except for
appropriations to be used for the benefit of public schools, except for
appropriations to a reserve fund established under section 16, except for
appropriations to the state water pollution control revolving fund established
under section 16a and except for appropriations to the state drinking water
revolving fund established under section 16b, and except for appropriations to
the school loan revolving fund established under section 16c, to be used, held,
and applied only for the purposes for which the grants and contributions were
made.
(i) To do all acts
necessary or convenient to carry out the powers expressly granted.
(j) To require that final
actions of the board are entered in the journal for the board and that all
writings prepared, owned, used, in the possession of, or retained by the board
in the performance of an official function be made available to the public in
compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(k) To engage the
services of private consultants on a contract basis for rendering professional
and technical assistance and advice.
(l) To investigate and assess the infrastructure needs of this
state, current methods of financing infrastructure rehabilitation and
improvements, and resources and financing options currently available and
potentially useful to improve this state's infrastructure and lower the costs
of those improvements.
(m) To indemnify and procure insurance indemnifying members
of the board from personal loss or accountability from liability asserted by a person
on bonds or notes of the authority or from any personal liability or
accountability by reason of the issuance of the bonds or notes, or by reason of
any other action taken or the failure to act by the authority.
(n) To investigate and assess short-term and long-term
borrowing requirements for operating, capital improvements, and delinquent
taxes.
(o) To provide assistance, as that term is defined in section
5301 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.5301, to any municipality for a revolving fund project and to perform
all functions necessary or incident to providing that assistance and to the
operation of the state water pollution control revolving fund established under
section 16a.
(p) To enter into agreements with the federal government to
implement the establishment and operation of the state water pollution control
revolving fund established under section 16a pursuant to the provisions of the
federal water pollution control act and the rules and regulations promulgated
under that act.
(q) To provide assistance, as that term is defined in part 54
of the natural resources and environmental protection act, 1994 PA 451, MCL
324.5401 to 324.5418, to any governmental unit for a revolving fund community
water supply or noncommunity water supply and to perform all functions
necessary or incident to providing that assistance and to the operation of the
state drinking water revolving fund established under section 16b, including,
but not limited to, using funding allocated in the federal safe drinking water
act for any of the purposes authorized in section 5417(c) of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.5417.
(r) To enter into agreements with the federal government to
establish and operate the state drinking water revolving fund under section 16b
pursuant to the provisions of the federal safe drinking water act and the rules
and regulations promulgated under that act.
(s) To enter into agreements with the state treasurer to act
as this state's agent to implement the establishment and operation of the
school loan revolving fund established under section 16c, including provisions
relating to the return to this state of contributions made by this state for
deposit in the school loan revolving fund that are no longer needed for school
loan revolving fund purposes and the assignment to this state of loans and loan
repayments made from or payable to the school loan revolving fund.
(t) To enter into
agreements with the state treasurer for the purchase, assignment, or transfer
of emergency loan board loans and the repurchase, reassignment, or transfer of
those loans.
(u)
To enter into agreements with the state treasurer to establish and operate a
short-term state financing program to make advance payments of certain deferred
property taxes to certain governmental units as provided in section 16e.
Sec. 16e. (1) From available funds,
the authority shall establish and operate a short-term state financing program
to make interest-free loans to counties for distribution to eligible taxing
authorities for the deferral of certain summer 2020 property taxes as provided
under section 44f of the general property tax act, 1893 PA 206, MCL 211.44f.
The terms of the short-term loans and the repayment provisions shall be
determined by the state treasurer.
(2) As used in this section, "eligible taxing authority" and "summer 2020 property taxes" mean those terms as defined in section 44f of the general property tax act, 1893 PA 206, MCL 211.44f.