November 12, 2009, Introduced by Senators PAPPAGEORGE, GLEASON, SANBORN, ALLEN, JACOBS and OLSHOVE and referred to the Committee on Transportation.
A bill to amend 1967 PA 204, entitled
"Metropolitan transportation authorities act of 1967,"
by amending sections 4a and 4b (MCL 124.404a and 124.404b), section
4a as amended by 1998 PA 75 and section 4b as added by 1988 PA 481.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4a. (1) The chief executive officer of each city having a
population of 750,000 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 subject to
the provisions of this act.
(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 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 under
that act, the council and a city with a population over 750,000 and
the authority representing the counties shall execute a
supplemental agreement conferring on a city with a population over
750,000 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 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 and the authority representing
the counties their designated distribution of the funds.
Notwithstanding anything in the articles of incorporation of the
council to the contrary, the designated distribution of federal and
state formula funds, regardless of what entity is the subrecipient
or direct recipient of the funds, shall be determined using the
federal and state statutes and regulations applicable at the time
of distribution as if the designated subrecipients or direct
recipients were allowed to and did apply for federal and state
formula funds independently of each other and the council.
(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. 4b. (1) Incorporation of a council shall be accomplished
by adoption of articles of incorporation by the incorporators
authorized to so act. Articles of incorporation so adopted shall be
published by the person or persons designated in the articles at
least once in a newspaper designated in the articles and circulated
within the area proposed to be served. One printed copy of the
articles of incorporation shall be filed with the secretary of
state, the clerk of each county within the area of the council, and
the director of the state transportation department by the person
designated to do so by the articles. The council shall become
operative and the articles of incorporation effective at the time
provided in the articles of incorporation. The validity of the
incorporation shall be conclusively presumed unless questioned in a
court of competent jurisdiction within 60 days after the
publication of the articles of incorporation.
(2) The articles of incorporation shall state the name of the
council; the purposes for which it is formed; the constituent units
of and the metropolitan area, or portions thereof, comprising the
council; the person or persons charged with the responsibility of
causing the articles of incorporation to be published and filed as
provided in subsection (1); the method of amending the articles of
incorporation; and any other matters which the incorporators
consider advisable.
(3) The council, in conjunction with the state transportation
department, shall develop a long-range plan to bring the
authorities coordinated by the council into conformity with the
state fiscal year.
(4) The articles of incorporation are subject to the terms of
this act.