December 7, 2011, Introduced by Reps. Cavanagh, Constan, Brown, Howze, Bledsoe, Durhal, Santana, Dillon, Heise, Roy Schmidt and Somerville and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
by amending section 111 (MCL 259.111), as added by 2002 PA 90.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
111. (1) An authority created under or pursuant to this
chapter shall be directed and governed by a board consisting of 7
members.
(2) The members of a board created under section 110(2) shall
be appointed as follows:
(a) Two board members shall be appointed by the governor, with
1 board member appointed for an initial term of 6 years and 1 board
member appointed for an initial term of 8 years.
(b) One board member shall be appointed by the legislative
body of the local government that owns the airport, for an initial
term of 4 years. Notwithstanding any other statute, law, ordinance,
or charter provision to the contrary, the board member appointed by
the legislative body may be a member of the legislative body of the
local government that owns the airport, but only while continuing
to serve as a member of the legislative body of that local
government.
(c) Four board members shall be appointed by the local chief
executive officer of the local government that owns the airport,
with 1 board member appointed for an initial term of 4 years, 1
board member appointed for an initial term of 2 years, and 2 board
members appointed for an initial term of 6 years. Beginning on the
effective date of the amendatory act that amended this section,
appointments under this subdivision by the local chief executive
officer of the local government that owns the airport are subject
to approval by the legislative body of the local government that
owns the airport.
(d) Each appointing entity shall file each appointment under
this subsection with the department. Each subsequent appointment by
an appointing entity to fill a vacancy on the board shall also be
filed with the department.
(3)
Upon incorporation of an authority pursuant to under
section 110(3), the local chief executive officer, with the consent
of the legislative body of the local government if the local chief
executive officer is not elected, shall appoint the members of the
board. Of the board members first appointed under this subsection,
1 board member shall be appointed for a term of 2 years, 2 board
members shall be appointed for terms of 4 years each, 3 board
members shall be appointed for terms of 6 years each, and 1 board
member shall be appointed for a term of 8 years.
(4)
A board member appointed pursuant to under subsection
(2)(b) or (c) or (3) must be a citizen of the United States and a
resident of the local government that owns the airport over which
operational jurisdiction will be transferred to an authority. A
board
member appointed pursuant to under
subsection (2)(a) must be
a citizen of the United States and a resident of the area within
the jurisdiction of the regional planning commission created under
1945 PA 281, MCL 125.11 to 125.25, in which the airport over which
operational jurisdiction will be transferred is located. Except as
permitted by subsection (2)(b), a person shall not be appointed
under subsection (2) or (3) as a board member if he or she is, or
was during the 12 months preceding the date of appointment, an
elected public official or employee of this state or an agency or
instrumentality of this state, a local government or an agency or
instrumentality of a local government, or the federal government or
an agency or instrumentality of the federal government.
(5)
A board member appointed pursuant to under subsection (2)
or (3), a chief executive officer, and chief financial officer of
an authority, shall, at time of appointment or hiring and subject
to subsection (6), meet all of the following qualifications:
(a) Neither the board member or the chief executive officer or
chief financial officer, nor the spouse or his or her siblings,
children or their spouses, parents, or siblings or their spouses of
the board member or the chief executive officer or chief financial
officer, are actively engaged or employed in any other business,
vocation, or employment of any civil aeronautics enterprise
connected with the airport under the control of the authority.
(b) Neither the board member or the chief executive officer or
chief financial officer, nor the spouse or his or her siblings,
children or their spouses, parents, or siblings or their spouses of
the board member or the chief executive officer or chief financial
officer, have a combined 15% or greater direct pecuniary interest
in any civil aeronautics enterprise connected with the airport
under the control of the authority.
(c) The board member or the chief executive officer or chief
financial officer would not be considered to have a conflict of
interest under 1968 PA 318, MCL 15.301 to 15.310, in respect to any
contract or subcontract involving the airport if the board member
or the chief executive officer or chief financial officer were
considered a state officer under 1968 PA 318, MCL 15.301 to 15.310.
(6) A board member who, at any time during his or her term of
service, becomes in violation of subsection (5)(b) shall have 30
days to divest, or arrange for the divestment of, the interest that
caused the violation. If the board member or his or her relative is
still in violation of subsection (5)(b) after the expiration of the
30-day period, the entity that appointed that board member shall
remove the board member from office.
(7)
Notwithstanding any law or charter provision to the
contrary,
appointments by a local chief executive officer under
subsection
(2) shall not be subject to the approval by the
legislative
body of the local government.
(7) (8)
The board shall appoint a chief
executive officer who
shall be an ex officio member, without vote, of the board and shall
not be considered in determining the presence of a quorum, who
shall have professional qualifications commensurate with the
responsibility of the jobs to be performed by such officials. The
board may enter into a contract with the chief executive officer
for a commercially reasonable length of time commensurate with the
length of time for contracts of airport chief executive officers,
directors, or managers with similar responsibilities at other
airports or airport authorities within or without this state with a
comparable number of annual enplanements.
(8) (9)
The chief executive officer shall
appoint a chief
financial officer who shall be the treasurer of the authority, who
shall have professional qualifications commensurate with the
responsibility of the jobs to be performed by such officials.
Notwithstanding any law or charter provision to the contrary, it
shall
be is the duty and right of the chief financial officer of
the authority to receive all money belonging to the authority, or
arising or received in connection with the airport over which
operational jurisdiction has been transferred to the authority,
from whatever source derived. Money of the authority shall be
deposited, invested, and paid by the chief financial officer only
in accordance with policies, procedures, ordinances, or resolutions
adopted
by the board. Upon the approval date, the authority shall
be
is considered to be the owner of all money or other
property
then or thereafter received by the treasurer of the local
government or deposited in the treasury of a local government to
the credit of the airport for which operational jurisdiction has
been
transferred to the authority. The authority shall be is
entitled to all interest and other earnings on those funds on and
after
the latter of the effective date of this chapter March 26,
2002 or the date on which the authority is created or incorporated.
The treasurer of any local government receiving or having custody
of money or other property belonging to an authority under this
chapter shall promptly transfer the money and other property to the
custody of the chief financial officer of the authority. The chief
financial officer shall provide the board with copies of all
reports made by the chief financial officer to the chief executive
officer.