HB-5339, As Passed Senate, December 13, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5339

     A bill to amend 1950 (Ex Sess) PA 21, entitled

"An act to create the Mackinac bridge authority, and to prescribe

its powers and duties; to provide for the determination of the

physical and financial feasibility of a bridge connecting the upper

and lower peninsulas of Michigan; to provide for a board of

consulting engineers, and to prescribe its powers and duties; and

to make an appropriation to carry out the provisions of this act,"

by amending section 2 (MCL 254.302); and to repeal acts and parts

of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1)  There  The Mackinac bridge authority is  hereby

created within the department of transportation as a  non-salaried

nonsalaried entity,  as a public benefit corporation, and an

agency and instrumentality of the state of Michigan.  to be known

as the  The Mackinac bridge authority  , which is  hereby made a

body corporate  , and  which may by that name sue and be sued,

plead and be impleaded, contract and be contracted with, have a

corporate seal, and enjoy and carry out all powers  herein granted

to it in furtherance of the duty of the state of Michigan to

provide and maintain a system of highways and bridges for the use

and convenience of its inhabitants. In addition to the powers

expressly granted  herein  to it under Michigan law, the authority

shall have all powers necessary or convenient to carry out the

things  herein authorized and to effect the purposes of this act.

(2) The authority shall consist of 7 members, 6 to be

appointed by the governor, with the advice and consent of the

senate, for terms of 6 years each.  : Provided, That not more than

3 members appointed by the governor shall be  The governor shall

not appoint more than 3 members of the same political party.  In

appointing the first members the governor shall designate 2 to

serve for 2 years, 2 for 4 years, and 2 for 6 years, from July 1,

1950. The seventh member shall be the  highway commissioner of the

state of Michigan  director of the department of transportation or

his or her designee from within the department of transportation

who shall provide the authority board with input and expertise

relating to this state's transportation system. Each vacancy in

office of members of the board, whether caused by resignation,

death, expiration of office, or otherwise, shall be filled by

appointment by the governor, with the advice and consent of the

senate.  The governor may remove any member of the board for

misfeasance, malfeasance or nonfeasance in office, but only for

cause and pursuant to public hearing held after 10 days' notice

published in a newspaper having general circulation in the state.

No member of the board shall receive compensation for his or her

services. Each board member shall be entitled to reimbursement for

all expenses necessarily incurred in the performance of his or her

duties.

(3) The members of the board shall enter upon their duties

after their appointment and shall qualify by taking and filing the

oath of office and supplying  the  any bond required by the state

administrative board. Each member shall hold office until the

appointment and qualification of his or her successor.

(4)  Upon the designation and qualification of the members of

the  The board  they shall organize immediately by the election of

shall elect 1 of the members of the board as  chairman  chairperson

of the authority.  and through the selection of a secretary who may

but need not be a member of the board  The chairperson shall serve

as chairperson throughout his or her term of office. The treasurer

of the state shall serve as treasurer of the authority.  The

chairman so elected shall serve as chairman throughout his term of

office. All funds of the authority shall be handled by the state

treasurer, on behalf of the authority, in the same manner and shall

be governed by the same provisions of law as apply to other state

funds. Funds of the authority shall not be commingled with any

other money. The money shall be deposited in a separate bank

account, and interest or other earnings accrued shall be deposited

in the same account. Money in the account or accounts shall be paid

out by the state treasurer only on requisition of the chairperson

of the authority or by another officer or agent of the authority

that is authorized by the board.

(5) A quorum for the transaction of business shall consist of

House Bill No. 5339 (H-1) as amended December 1, 2005

4 of the members, and  such  a quorum may bind the authority. The

board shall make all necessary and appropriate rules and

regulations for the orderly carrying on of its affairs.  , subject

to the approval of the state administrative board, and  The

department of transportation shall provide the authority with

personnel sufficient to perform the authority's powers, duties, and

functions under law. Subject to the management and budget act, 1984

PA 431, MCL 18.1101 to 18.1594, and subject to 1921 PA 2, MCL 17.1

to 17.3, the board shall have the authority to  employ such

engineers and construction experts, inspectors, and other personnel

as in its judgment is advisable and to determine the compensation

of such employees  utilize the services of the department of

transportation or other state departments [or] to contract for risk

management, insurance, engineering, inspection, and other services

related to the operation, maintenance, repair, and improvement of

the Mackinac bridge. The authority in its sole discretion is

authorized to employ legal and financial services that it deems

necessary to consummate the financing of the bridge and the

issuance and sale of bonds. The board may delegate to 1 or more of

its members or to its officers, agents, and  employes such

employees the powers and duties  as  that it may deem proper.

(6)  The corporate existence of the authority shall continue

until all of its duties under this act have been completed and such

powers and duties as may hereafter be granted and imposed upon it

by subsequent legislative act have been performed.  The director of

the department of transportation shall serve as the appointing

authority for the executive secretary of the authority, who shall

become an employee of the department of transportation and a member

of the state classified service. A candidate for the position of

executive secretary of the authority need not be an employee of the

department of transportation or the state classified service before

selection under this subsection. The executive secretary of the

authority shall be selected by the director only after consultation

with and the approval of the authority in accordance with rules

applicable to employees in the state classified service. On all

matters relating to the powers, duties, and functions of the

authority under the law, the executive secretary shall report to

the board. Personnel reviews of the executive secretary shall be

conducted jointly by the department of transportation and the board

or a designee of the board.

     Enacting section 1. Sections 3 and 4 of 1950 (Ex Sess) PA 21,

MCL 254.303 and 254.304, are repealed.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 829.

     (b) Senate Bill No. 830.

     (c) House Bill No. 5333.