Bill Text: MI HB4897 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Local government; authorities; certain population requirements under the metropolitan transportation authorities act of 1967; revise. Amends secs. 2, 4a & 10 of 1967 PA 204 (MCL 124.402 et seq.).

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Introduced - Dead) 2011-09-08 - Printed Bill Filed 09/08/2011 [HB4897 Detail]

Download: Michigan-2011-HB4897-Introduced.html

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HOUSE BILL No. 4897

 

September 7, 2011, Introduced by Reps. Stapleton, Durhal, Stallworth, Tlaib, Hovey-Wright, Hobbs, Lane, Santana, Kandrevas, McCann, Townsend, Ananich, Cavanagh, Rutledge, Howze, Barnett, Olumba, Nathan, Heise, Jackson and Bledsoe and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     A bill to amend 1967 PA 204, entitled

 

"Metropolitan transportation authorities act of 1967,"

 

by amending sections 2, 4a, and 10 (MCL 124.402, 124.404a, and

 

124.410), sections 2 and 10 as amended by 1988 PA 481 and section

 

4a as amended by 1998 PA 75.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Authority" means an authority created by or pursuant to

 

this act.

 

     (b) "Board" means the governing and administrative body of an

 

authority.

 

     (c) "Chief executive officer" means, with respect to a city,

 

the mayor of the city and, with respect to a county, either the

 

county executive of the county or, for a county not having a county

 

executive, the chairperson of the county board of commissioners.

 

     (d) "Constituent unit" means each of the counties comprising a

 

part of an authority or a council and each city having a population

 

of 750,000 600,000 or more within such a county.

 

     (e) "Council" means a regional transit coordinating council

 

formed pursuant to section 4a.

 

     (f) "Governor" means the governor of the this state.

 

     (g) "Metropolitan area" means an area conforming in general to

 

a consolidated metropolitan statistical area as defined by the

 

United States office of management and budget or 2 or more counties

 

which form a generally recognized urban complex. However, for the

 

purposes of this act, Lapeer county shall not be considered part of

 

a consolidated metropolitan statistical area.

 

     (h) "Public transportation facility" means all property, real

 

and personal, public or private, so long as used or useful for

 

general or special transportation service to the public, including,

 

but not limited to, street railways, motor bus, tramlines, subways,

 

monorails, rail rapid transit, and the movement of people thereby

 

together with tunnel, bridge, and parking facilities used in

 

connection with these transportation services of the authority, but

 

shall not include taxis, limousines, highways, ports, airports,

 

charter or sightseeing services, or transportation which is

 

exclusively used for school purposes.

 

     Sec. 4a. (1) The chief executive officer of each city having a

 

population of 750,000 600,000 or more within a metropolitan area,

 

of each county in which such a city is located, and of all other

 

counties immediately contiguous to such a city shall form a

 

corporation, subject to the limitations of this act, to be known as

 

the regional transit coordinating council for the purpose of

 

establishing and directing public transportation policy within a

 

metropolitan area. The counties of Livingston, Monroe, St. Clair,

 

and Washtenaw shall be collectively represented on the council by 1

 

member, without vote, from 1 of the counties and shall determine

 

their representative member on the council in a manner to be

 

determined by the counties. The county from which the

 

representative member is to be selected shall rotate among the

 

counties at least every 2 years and the member shall be a resident

 

of the county from which the member is to be selected. If 1 or more

 

of the counties of Livingston, Monroe, St. Clair, and Washtenaw

 

withdraw from the authority, the member shall rotate between, and

 

be selected from, the remaining counties.

 

     (2) A council formed under this section shall be considered an

 

authority organized pursuant to this act for the sole purpose of

 

receiving transportation operating and capital assistance grants. A

 

council may not exercise any rights, duties, or powers provided to

 

an authority organized pursuant to this act except as is necessary

 

to receive transportation operating and capital assistance grants.

 

     (3) The council may adopt public transportation plans for its

 

metropolitan area. The council shall coordinate service overlap,

 

rates, routing, scheduling, and like functions between operators of

 

public transportation. The council shall not have power to employ

 

operating personnel, negotiate collective bargaining agreements

 

with operating personnel, or own operating assets of a public

 

transportation service within the metropolitan area.

 

     (4) The articles of incorporation forming the council shall

 

provide for the conduct of the affairs of the council, including

 

provision for the appointment of a general secretary to the council

 

and the allocation between the city and any authority representing

 

the counties of any grants applied for by the council.

 

     (5) The council shall be a "designated recipient" for purposes

 

of the former federal urban mass transportation act of 1964, Public

 

Law 88-365, and the regulations promulgated under that act, to

 

apply for federal and state transportation operating and capital

 

assistance grants, but the council may designate a city with a

 

population of more than 750,000 600,000 and the authority

 

representing the counties each as a subrecipient of federal and

 

state transportation funds. To the extent required by the federal

 

urban mass transportation act of 1964 and the regulations

 

thereunder, the council and a city with a population over 750,000

 

600,000 and the authority representing the counties shall execute a

 

supplemental agreement conferring on a city with a population over

 

750,000 600,000 and the authority representing the counties the

 

right to receive and dispense grant funds and containing such other

 

provisions as are required by federal law and regulation. The

 

general secretary shall submit in a timely manner the council's

 

application for such funds to the responsible federal and state

 

agencies. The application shall designate the distribution of all

 

capital and operating funds which shall be paid directly to a city

 

with a population over 750,000 600,000 and the authority

 

representing the counties. If the council is the recipient, the

 

general secretary, as soon as possible, but not more than 10

 

business days after receipt of the funds by the general secretary,

 

shall remit to a city with a population over 750,000 600,000 and

 

the authority representing the counties their designated

 

distribution of the funds.

 

     (6) The council shall act by a unanimous vote of its

 

membership entitled to vote and shall meet regularly but not less

 

than quarterly. A council member shall not designate another

 

representative to serve in his or her place on the council.

 

     (7) The business which the council may perform shall be

 

conducted at a public meeting of the council held in compliance

 

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

Public notice of the time, date, and place of the meeting shall be

 

given in the manner required by the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275.

 

     (8) An advisory committee comprised of riders who are senior

 

citizens or persons with disabilities, or both, and who live within

 

the southeastern Michigan transportation authority shall be

 

established and shall report their concerns to the council on a

 

regularly scheduled basis.

 

     (9) Before any state or federal funds are distributed to any

 

of the eligible authorities or eligible governmental agencies

 

coordinated by the council, a financial audit of the transit

 

operations for the fiscal year immediately previous to the most

 

recently completed fiscal year shall be provided to the state

 

transportation department in accordance with section 10h(2) of 1951

 

PA 51, MCL 247.660h. The state transportation department may waive

 

this requirement on a temporary basis. Each audit shall be in

 

accordance with sections 6 to 13 of the uniform budgeting and

 

accounting act, 1968 PA 2, MCL 141.426 to 141.433. Each financial

 

audit shall also be in accordance with generally accepted

 

accounting standards as promulgated by the United States general

 

accounting office and shall satisfy federal regulations relating to

 

federal grant compliance audit requirements.

 

     Sec. 10. (1) The following subdivisions shall apply only to

 

authorities other than the southeastern Michigan transportation

 

authority:

 

     (a) Authorities shall be governed by a board consisting of 9

 

members. The term of office of the members of the board shall be 3

 

years, except that of the members first appointed 3 shall be for 1

 

year, 3 for 2 years, and 3 for 3 years. All terms shall expire on

 

June 30 except that members shall serve until their successors are

 

appointed. The members of the board may be removed by the

 

appointing authority for cause. Any vacancy in office shall be

 

filled by the governor for the remainder of the unexpired term. The

 

members shall annually elect a chairman and vice-chairman from

 

among their members. The board shall hold regular monthly meetings

 

and special meetings as necessary at times as it determines, and

 

shall designate the time and place of those meetings. It shall

 

adopt its own rules of procedure and shall keep a record of its

 

proceedings. Five members constitute a quorum for the transaction

 

of business and the affirmative vote of a majority of all the

 

members shall be necessary for the adoption of a motion or

 

resolution. The members of a board shall be residents of the

 

counties included in the authority.

 

     (b) A county choosing not to participate in an authority may

 

withdraw by a majority vote of its elected county board of

 

commissioners within 1 year after the establishment of the

 

authority and by a 2/3 vote of the board of commissioners at any

 

time thereafter. If a county withdraws from an authority pursuant

 

to this section, the term of a member of the board from the county

 

which withdraws shall expire at the time of the county's

 

withdrawal.

 

     (c) Each member of the board shall receive reimbursement for

 

expenses incurred in the discharge of his or her duties as a board

 

member. Each member of the board may receive compensation of not

 

more than $35.00 for each meeting of the board the member attends,

 

not exceeding 4 meetings per month. The chairman chairperson of the

 

board may receive compensation of not more than $45.00 for each

 

meeting of the board the chairman chairperson attends, not

 

exceeding 4 meetings per month. A copy of the proceedings of each

 

board meeting shall be available for public inspection during

 

normal working hours at the offices of the board.

 

     (d) Six members of the board shall be appointed by the

 

governor with the advice and consent of the senate, from lists of 3

 

or more names each submitted by the county boards of commissioners

 

of member counties and the mayor of cities within the authority

 

with a population of more than 500,000. Three members shall be

 

appointed directly by the governor with the advice and consent of

 

the senate.

 

     (e) An authority shall hold a public hearing on its annual

 

operating and capital budget, financial audits, and construction

 

plans.

 

     (f) An authority shall also maintain close working and

 

coordinating relationships with the state, local, and federal

 

agencies or other agencies to the end that duplication of effort is

 

minimized and that the planning and implementation functions work

 

together in the public interest to carry out the purposes of this

 

act.

 

     (2) The following subdivisions shall apply only to the

 

southeastern Michigan transportation authority:

 

     (a) The board of the southeastern Michigan transportation

 

authority shall be composed of the chief executive officers of each

 

county in which a city having a population of 750,000 600,000 or

 

more is located within the area served by the southeastern Michigan

 

transportation authority and of all other counties immediately

 

contiguous to such city, and the representative of each such chief

 

executive officer to be designated in the sole discretion of, and

 

serve at the sole pleasure of, that chief executive officer. A

 

chief executive officer may designate an alternate to serve in his

 

or her place on the board. The counties of Livingston, Monroe, St.

 

Clair, and Washtenaw shall be collectively represented on the board

 

by 1 person from these counties. The counties shall determine their

 

representative member on the board in a manner to be determined by

 

the counties. The county from which the representative member is to

 

be selected shall rotate among the counties at least every 2 years

 

and the member shall be a resident of the county from which the

 

member is to be selected. If 1 or more of the counties of

 

Livingston, Monroe, St. Clair, and Washtenaw withdraw from the

 

authority, the member shall rotate among, and be selected from, the

 

remaining counties.

 

     (b) The board by a majority vote shall adopt bylaws and rules

 

of procedure governing its meetings. A majority vote for the

 

adoption of bylaws and rules of procedure and for the transaction

 

of business shall not be effective unless it includes at least 1

 

vote from each county in which a city having a population of

 

750,000 600,000 or more is located, and at least 1 vote from each

 

county immediately contiguous to such city.

 

     (c) The business which the board may perform shall be

 

conducted at a public meeting of the board held in compliance with

 

the open meetings act, Act No. 267 of the Public Acts of 1976,

 

being sections 15.261 to 15.275 of the Michigan Compiled Laws. 1976

 

PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and

 

place of the meeting shall be given in the manner required by Act

 

No. 267 of the Public Acts of 1976.the open meetings act, 1976 PA

 

267, MCL 15.261 to 15.275.

 

     (d) The board shall do the following:

 

     (i) Obtain an annual audit in accordance with sections 6 to 13

 

of the uniform budgeting and accounting act, Act No. 2 of the

 

Public Acts of 1968, being sections 141.426 to 141.440a of the

 

Michigan Compiled Laws. 1968 PA 2, MCL 141.426 to 141.433. The

 

audit shall also be in accordance with generally accepted

 

government auditing standards as promulgated by the United States

 

general accounting office and shall satisfy federal regulations

 

relating to federal grant compliance audit requirements. A copy of

 

the annual audit shall be filed with the state treasurer in

 

accordance with section 4(2) 4(3) of the uniform budgeting and

 

accounting act, Act No. 2 of the Public Acts of 1968, 1968 PA 2,

 

MCL 141.424, and a copy shall be filed with the state

 

transportation department in accordance with section 10h(2) of Act

 

No. 51 of the Public Acts of 1951, being section 247.660h of the

 

Michigan Compiled Laws.1951 PA 51, MCL 247.660h.

 

     (ii) Prepare budgets and appropriations acts in accordance with

 

sections 14, 15(1)(a) to (g), 15(1)(i), 15(2), 16, 17, 18, and 19

 

14 to 19 of the uniform budgeting and accounting act, Act No. 2 of

 

the Public Acts of 1968, being sections 141.434 to 141.439 of the

 

Michigan Compiled Laws.1968 PA 2, MCL 141.434 to 141.439.

 

     (iii) If ending a fiscal year in a deficit condition, file a

 

financial plan to correct the deficit condition in the same manner

 

as provided in section 21(2) of Act No. 140 of the Public Acts of

 

1971, being section 141.921 of the Michigan Compiled Laws. the

 

Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL

 

141.921. A copy of the financial plan shall also be filed with the

 

state transportation department.

 

     (e) The board may change the name of the authority by a

 

majority vote of the members as described in subdivision (b). The

 

board shall notify the state transportation commission within 10

 

days after a name change is adopted.

 

     (f) The board shall guarantee each of the counties of

 

Livingston, Monroe, St. Clair, and Washtenaw, as long as they

 

remain members of the authority, the average percentage of state

 

transportation funds allocated to the authority that each county

 

received in the last 5 fiscal years before the effective date of

 

this subdivision. The state transportation department shall be

 

responsible for determining these percentages.