October 20, 2005, Introduced by Reps. Casperson, Elsenheimer, Hansen, Booher, Pavlov, Meyer, Green, Moore, Garfield, Stakoe, Stewart, Proos, Marleau, Jones, LaJoy, Palmer, Ball, Schuitmaker, Caul, Amos, Pearce, Palsrok, Robertson, Baxter, Shaffer, Hummel, Stahl, Hoogendyk, Vander Veen, Drolet, Gosselin, Newell and Taub and referred to the Committee on Transportation.
A bill to amend 1950 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).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. (1) There The
Mackinac bridge authority is hereby
created
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
state transportation department
or his or her designee. 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.
(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 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 board, they shall organize immediately by the election of 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 treasurer of the state board shall
elect
1
member to serve as treasurer of the
authority. The chairman so
elected
chairperson shall serve as chairman chairperson
throughout his or her term of office. All funds shall be handled by
the state
treasurer,
in the same manner and shall be
governed by
the
same provisions of law as apply to state funds and the
authority shall determine the manner in which funds are invested.
(5) A quorum for the transaction of business shall consist of
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 shall have
authority
to employ such any
engineers and construction experts,
inspectors, and other personnel as in its judgment is advisable and
to
determine the compensation of such all
employees including
contractual employees. The board may delegate to 1 or more of its
members
or to its officers, agents, and employes employees such
powers and duties as 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
any powers and duties as may hereafter
be granted
after
this act takes effect and imposed upon it by any subsequent
legislative act have been performed.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5333(request no.
04583'05) of the 93rd Legislature is enacted into law.