December 5, 2017, Introduced by Senators STAMAS, BRANDENBURG, EMMONS, ROBERTSON, GREEN, CONYERS, CASPERSON and SCHMIDT and referred to the Committee on Economic Development and International Investment.
A bill to amend 1978 PA 639, entitled
"Hertel-Law-T. Stopczynski port authority act,"
by amending sections 2, 8, and 9 (MCL 120.102, 120.108, and
120.109).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Authority" means a port authority created under this act
and may also include the area within the jurisdiction of an
authority.
(b) "Constituent unit" means a city or county requesting the
incorporation of an authority.
(c) "Governing body of the city" means the city council or
city commission of a city requesting incorporation of an authority
created under this act.
(d) "Governing body of the county" means the county board of
commissioners of a county participating in an authority created
under this act.
(e)
"Port facilities" means those facilities owned by the port
authority
such as: that include, but
are not limited to: seawall
jetties; piers; wharves; docks; boat landings; marinas; warehouses;
storehouses; elevators; grain bins; cold storage plants; terminal
icing
plants; bunkers; oil tanks; ferries; canals; locks; bridges;
tunnels;
seaways; conveyors; modern
appliances for the economical
handling, storage, and transportation of freight and handling of
passenger traffic; transfer and terminal facilities required for
the efficient operation and development of ports and harbors; other
harbor
improvements; or improvements, enlargements, remodeling, or
extensions of any of these buildings or structures; and other real
or personal property necessary to enhance commercial or
recreational maritime activities. Port facilities shall not include
a bridge or a tunnel, directly or indirectly.
(f) "Project" means the acquisition, purchase, construction,
reconstruction, rehabilitation, remodeling, improvement,
enlargement, repair, condemnation, maintenance, or operation of
port facilities, public infrastructure, and other real and personal
property necessary to achieve the purpose of this act. Project
shall not include a bridge or a tunnel, directly or indirectly.
Sec. 8. (1) An authority may:
(a) Adopt, amend, and repeal bylaws for the regulation of its
affairs and the conduct of its business.
(b) Sue and be sued on the same basis as the state; and adopt
and register with the secretary of state an official seal and alter
that seal at its pleasure.
(c) Maintain offices at a place or places, either within or
without its jurisdiction as it may determine.
(d) Acquire, construct, reconstruct, rehabilitate, improve,
maintain, lease as lessor or as lessee, repair, or operate port
facilities and other property it may acquire or hold within its
territorial jurisdiction, including, but not limited to, the
dredging of ship channels and turning basins and the filling and
grading of land therefor. An authority may operate a leased
facility, owned by the authority, if the lessee defaults and a new
lease is negotiated or competitively bid.
(e) Designate the location and character of the port
facilities which the authority may hold or own or over which it is
authorized to act and regulate all matters related to the location
and character of those port facilities.
(f) Acquire, hold, and dispose of real and personal property.
(g) Make directly, or through the hiring of expert
consultants, investigations and surveys of whatever nature,
including studies of business conditions, freight rates, port
services, physical surveys of the conditions of channels and
structures, and the necessity for additional port facilities for
the development and improvement of commerce and recreation and for
the more expeditious handling of that commerce and recreation, and
make studies, surveys, and estimates, as necessary for the
execution of its powers under this act.
(h) Promulgate all necessary rules to fulfill the purposes of
this act.
(i) Issue its bonds, notes, or other evidences of indebtedness
as provided in this act.
(j) Fix and revise from time to time and charge and collect
rates, fees, rentals, or other charges for the use of a facility
owned by the authority.
(k) Enter into public-private partnerships with other owners
or property or port facilities within the jurisdiction of the
authority.
(2) Nothing in this act shall limit the property rights of any
person that owns property or port facilities within the
jurisdiction of the authority.
(3) The powers granted under this act are in addition to those
powers granted by charter or other statute.
Sec. 9. An authority may:
(a) Appear in its own behalf before boards, commissions,
departments, or other agencies of the federal government or of any
state or international conferences and before committees of the
congress of the United States and the state legislature in all
matters relating to the design, establishment, construction,
extension, operation, improvement, repair, or maintenance of a
project
operated, and maintained, financed, or supported by
the
authority under this act, and appear before any federal or state
agencies in matters relating to transportation rates, port services
and charges, demurrage, switching, wharfage, towage, pilotage,
differentials, discriminations, labor relations, trade practices,
river and harbor improvements, aids to navigation, permits for
structures in navigable waters, and all other matters affecting the
physical development of, and the business interest of, the
authority and those it serves.
(b) Make application for, receive and accept from any federal,
state, or municipal agency, foundation, public or private agency,
or individual, a grant or loan for, or in aid of, the planning,
construction,
operation, or financing of a port facility; project;
and receive and accept contributions from any source of money,
property, labor, or other things of value, to be held, used, and
applied for the purposes for which the grant or contribution may be
made.
(c) Appoint an executive director who shall be the chief
administrative
executive officer of the authority, and to whom the
authority may delegate any of its administrative powers and
authorizations. During employment the executive director shall not
have a financial interest in port facilities or projects over which
the authority has jurisdiction or power or authorization to act.
(d) Employ personnel as is necessary and employ the services
of private consultants and engineers, legal counsel, accountants,
construction and financial experts, and other agents for rendering
professional and technical assistance and advice as may be
necessary, and whose compensation, including the executive
director,
shall be is determined by the authority.