November 8, 2018, Introduced by Senator HILDENBRAND and referred to the Committee on Government Operations.
A bill to amend 2016 PA 560, entitled
"Michigan veterans' facility authority act,"
by amending sections 3 and 5 (MCL 36.103 and 36.105).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The Michigan veterans' facility authority is
created as a public body corporate and politic within the
department. The authority is an autonomous entity within the
department. The exercise by the authority of the powers conferred
by this act is an essential governmental function of this state.
(2) Notwithstanding the existence of common management, the
authority shall be treated and accounted for as a separate legal
entity with its separate corporate purposes as set forth in this
act. The assets, liabilities, and funds of the authority shall not
be consolidated or commingled with those of this state.
Sec. 5. (1) The authority shall exercise its duties through
its
a board of directors.
(2)
The board shall be made up of 9 members as follows: the
following members:
(a)
Subject to subsection (7), the The
director of the
department. Beginning January 1, 2019, the director shall serve as
a nonvoting member.
(b) Three members with professional knowledge, skill, or
experience in long-term care, health care licensure or finance, or
medicine who represent the interests of 1 or more congressionally
chartered veterans' organizations appointed by the governor with
the advice and consent of the senate.
(c) Three members with professional knowledge, skill, or
experience in long-term care, health care licensure or finance, or
medicine appointed by the governor with the advice and consent of
the senate. One of the members appointed under this subdivision
shall be a resident of the Upper Peninsula of this state.
(d) One member appointed by the governor from a list of 2 or
more individuals selected by the majority leader of the senate,
with professional knowledge, skill, or experience in long-term
care, health care licensure or finance, or medicine.
(e) One member appointed by the governor from a list of 2 or
more individuals selected by the speaker of the house of
representatives, with professional knowledge, skill, or experience
in long-term care, health care licensure or finance, or medicine.
(f) Beginning January 1, 2019, 1 member appointed by the
governor who is a veteran with professional knowledge, skill, or
experience in long-term care, health care licensure or finance, or
medicine.
(3) The appointed members shall serve for terms of 4 years. Of
the 5 members first appointed, 1 shall be appointed for an initial
term of 1 year, 2 shall be appointed for an initial term of 2
years, and 2 shall be appointed for an initial term of 3 years. The
appointed members shall serve until a successor is appointed. A
vacancy shall be filled for the balance of the unexpired term in
the same manner as the original appointment.
(4)
The A director of a state department who is a designated
member of the board may appoint a representative to serve in his or
her absence.
(5) Members of the board shall serve without compensation but
may receive reasonable reimbursement for necessary travel and
expenses incurred in the discharge of their duties.
(6) The director of the department shall serve as chairperson
of
the board until 1 year after the second facility operated by the
authority
is open and housing veterans. January
1, 2019. At that
time,
the board members shall elect a new chairperson who is not
the director of the department or his or her designee.
(7)
One year after the second facility operated by the
authority
is open and housing veterans, the director of the
department
shall then serve as a nonvoting member of the board. A
new
member who is a veteran who has professional knowledge, skill,
or
experience in long-term care, health care licensure or finance,
or
medicine shall be appointed by the governor with the advice and
consent
of the senate.
(7) (8)
A majority of the appointed and
serving members of the
board shall constitute a quorum of the board for the transaction of
business. Actions of the board shall be approved by a majority vote
of the members present at a meeting.
(8) (9)
The authority may employ or
contract for legal,
financial, and technical experts, and other officers, agents, and
employees, permanent and temporary, as the authority requires, and
shall determine their qualifications, duties, and compensation. The
board
may delegate to 1 or more agents or employees those any
powers
or duties, with the and any limitations as on those powers
or duties, that the board considers proper.
(9) (10) The members of the board and officers and employees
of the authority are subject to 1968 PA 317, MCL 15.321 to 15.330,
and 1968 PA 318, MCL 15.301 to 15.310.
(10) (11)
A member of the board or officer,
employee, or agent
of the authority shall discharge the duties of his or her position
in a nonpartisan manner, with good faith, and with that degree of
diligence, care, and skill that an ordinarily prudent person would
exercise under similar circumstances in a like position. In
discharging
the his or her duties, a member of the board or an
officer, employee, or agent, when acting in good faith, may rely
upon
the opinion of the authority's counsel, for the authority,
upon the report of an independent appraiser selected with
reasonable care by the board, or upon the financial statements of
the
authority represented to the member of the board or officer,
employee,
or agent of the authority to be correct him or her by the
president, or the
an officer of the authority having charge of its
books or account, to be correct, or stated in a written report by a
certified public accountant, or firm of certified public
accountants, fairly
to fairly reflect the financial condition of
the authority.
(11) (12)
The board shall organize and make its
own policies
and procedures. The board shall conduct all business at public
meetings 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 each meeting shall be given in the manner required by the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(12) (13)
Upon request by a member of the
legislature, the
board shall make nonprivileged information regarding the operations
and accounts of the authority and nonprivileged information
regarding the care provided to veterans at a veterans' facility
available to members of the legislature.