October 4, 2011, Introduced by Reps. Howze, Stallworth, Talabi, Durhal, Stapleton, Jackson, Tlaib, Olumba, Nathan, Bledsoe and Womack and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1978 PA 639, entitled
"Hertel-Law-T. Stopczynski port authority act,"
by amending section 5 (MCL 120.105), as amended by 2001 PA 244.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Except as provided in subsection (5), an authority
shall consist of 5 or 7 members as follows:
(a) One member shall be appointed by the governor.
(b) The remaining members shall be appointed by the governing
body of each city and the governing body of each county that
requested the incorporation of the authority. The representation
on, and the number of members of, the authority shall be determined
by agreement among the incorporating units and included within the
joint resolution requesting incorporation of the authority.
(2) The members first appointed shall serve staggered terms.
After the first appointment, each member shall serve a term of 4
years, except that a person appointed to fill a vacancy shall be
appointed for the balance of the unexpired term. A member shall be
eligible for reappointment.
(3) The members shall elect 1 of their membership as
chairperson and another as vice-chairperson, shall designate the
terms of office of those officers, and shall appoint a secretary-
treasurer who need not be a member. A majority of the members of
the authority shall constitute a quorum. The affirmative vote of a
majority of the members shall be necessary for any action taken by
the authority.
(4) The members shall serve without compensation but shall be
reimbursed for all necessary travel and other expenses incurred in
the discharge of their duties.
(5) An authority that is established in a county having a
population of 1,500,000 or more shall consist of 5 members as
follows:
(a) One member shall be appointed by the governor.
(b) Two members shall be appointed by a majority of all the
members of the county board of commissioners of the county. The
members appointed shall be nominated by the commissioners on the
board who do not reside within the political boundaries of a city
having
a population of 750,000 600,000
or more.
(c) Two members shall be appointed by the mayor of a city
having
a population of 750,000 600,000
or more that is located in
the county.
(6) To the extent not protected by the immunity conferred by
1964
PA 170, MCL 691.1401 to 691.1415, 691.1419, a member of the
authority appointed under this section who exercises the powers
contained in this act in good faith is immune from civil or
administrative liability arising from that conduct, unless the
conduct was gross negligence or willful and wanton misconduct.