2001 Senate Bill 690 / 2002 Public Act 90

Introduced in the Senate

Oct. 3, 2001

Introduced by Sen. Glenn Steil (R-30)

To establish a state “oversight and ethics in contracting board” to oversee the business operations of Detroit Metro Airport.

Referred to the Committee on Detroit Metro Airport Review

Feb. 26, 2002

Substitute offered

To replace the previous version of the bill with a version recommended by the committee which reported it. The substitute incorporates the terms of an agreement made between Gov. John Engler and Wayne County Executive Edward McNamara to transfer authority over the Detroit Metro Airport and Willow Run Airport from Wayne County to an independent authority with four board members appointed by the Wayne County executive, two by the governor and one by the Wayne County Board of Commissioners. Board members could not be elected officials or government employees, and board members and their family would be prohibited from working for or having direct financial interest in firms with airport contracts. The authority would oversee all contracts and hire the airport director. An audit committee of the board could order special investigations and audits. Managers and board members would be required to meet state conflict-of-interest standards, and abide by ethics rules including financial disclosure, and disclosure of any criminal history, license sanctions, civil allegations of fraud or misrepresentation, or tax delinquency. Competitive bidding would be required for all contracts unless a no-bid process was justified in writing. The substitute was amended to include various technical changes in wording, and a provision protecting existing political employees of the airports until the end of the year.

The substitute passed by voice vote

Feb. 27, 2002

Amendment offered by Sen. Loren Bennett (R-8)

To expand the ban on elected officials being members of the airport board to include a ban on an elected official serving on the board within one year after leaving office.

The amendment passed by voice vote

Amendment offered by Sen. Loren Bennett (R-8)

To exclude board members from a provision protecting existing political employees of the airports until the end of the year.

The amendment passed by voice vote

Amendment offered by Sen. Burton Leland (D-5)

To give the mayor of Detroit the authority to appoint one member to the airport board.

The amendment failed by voice vote

Amendment offered by Sen. Glenn Steil (R-30)

To make various technical changes in the language of the bill so it will be internally consistent.

The amendment passed by voice vote

Amendment offered by Sen. Glenn Steil (R-30)

The amendment passed by voice vote

Amendment offered by Sen. Arthur Miller, Jr. (D-10)

To make explicit the right of employees to retain the same dispute resolution appeal procedures when management of airport is transferred to the new authority.

The amendment passed by voice vote

Amendment offered by Sen. Glenn Steil (R-30)

To make various technical changes in the language of the bill so it will be internally consistent.

The amendment passed by voice vote

Passed in the Senate 26 to 10 (details)

To adopt the terms of an agreement made between Gov. John Engler and Wayne County Executive Edward McNamara to transfer authority over the Detroit Metro Airport and Willow Run Airport from Wayne County to an independent authority with four board members appointed by the Wayne County executive, two by the governor and one by the Wayne County Board of Commissioners. Board members could not be elected officials or government employees, and board members and their family would be prohibited from working for or having direct financial interest in firms with airport contracts. The authority would oversee all contracts and hire the airport director. A three-member audit committee, made up of one of the board members appointed by the Wayne County executive, one of the governor's, and the one county commission member, could order special investigations and audits. Managers and board members would be required to meet state conflict-of-interest standards, and abide by ethics rules including financial disclosure, and disclosure of any criminal history, license sanctions, civil allegations of fraud or misrepresentation, or tax delinquency. Competitive bidding would be required for all contracts unless a no-bid process was justified in writing.

Received in the House

Feb. 27, 2002

March 13, 2002

Substitute offered

To replace the Senate-passed version of the bill with one that adds several substantive requirements, and contains other changes and additional details related to airport operation and the transition to the new airport authority. The substitute requires the airport authority board to meet at least four times a year, requires the airport’s auditor general, chief executive officer, and chief financial officer to have professional experience in their fields, protects internal airport auditors under the state “whistleblower’s” protection act, enhances the powers of the airport audit committee, and defines certain audit standards and practices.

The substitute passed by voice vote

Amendment offered by Rep. Bruce Patterson (R-21)

To require the airport authority audits to also be sent to the legislature.

The amendment passed by voice vote

Amendment offered by Rep. Bruce Patterson (R-21)

To repeal the international tradeport development authority act, which is made obsolete by the new airport authority.

The amendment passed by voice vote

Amendment offered by Rep. Gloria Schermesser (D-25)

To require new board members to be appointed by the next Governor, Wayne County Executive, and Wayne County Commission after March 3, 2003.

The amendment failed 53 to 54 (details)

Amendment offered by Rep. Bob Brown (D-16)

To require the advice and consent of the state Senate for the airport authority board members appointed by the governor.

The amendment failed 50 to 54 (details)

Amendment offered by Rep. Bob Brown (D-16)

To require approval by the Wayne County Commission for the airport authority board members appointed by the county executive.

The amendment failed by voice vote

Amendment offered by Rep. Gloria Schermesser (D-25)

To withhold from the airport authority any jurisdiction over an “aeropolis” within three-miles of the airport. The amendment refers to the proposed Pinnacle Aeropark. See also Senate Bill 1130.

The amendment passed 57 to 48 (details)

Amendment offered by Rep. Hansen Clarke (D-7)

To require that any powers delegated by the airport authority board to the chief executive or financial officer of the airport be done so in the form of an express resolution, and require any meetings between and a member or members of the airport authority board with these officers to be covered by the state Open Meetings Act.

The amendment failed 50 to 55 (details)

Amendment offered by Rep. Glenn Anderson (D-18)

To require the removal of an airport authority board member who misses more than three consecutive meetings, is charged with a crime, violates the state Open Meetings Act, or otherwise fails to carry out the duties specified by the bill.

The amendment failed 52 to 53 (details)

Amendment offered by Rep. Irma Clark-Coleman (D-11)

To require an independent appraisal before the sale by the airport authority of any real or personal property, and prohibit its sale at less than fair market value.

The amendment failed 49 to 56 (details)

Amendment offered by Rep. Belda Garza (D-8)

To require that any powers delegated by the airport authority board to the chief executive officer of the airport be done so in the form of an express resolution.

The amendment failed 45 to 57 (details)

Amendment offered by Rep. Triette Reeves (D-13)

To put a ten-year sunset on the airport authority.

The amendment failed 50 to 56 (details)

Amendment offered by Rep. James Koetje (R-74)

To make various technical changes in the language of the bill so its provisions will be clear and internally consistent.

The amendment passed by voice vote

Amendment offered by Rep. LaMar Lemmons III (D-2)

To require airlines using the airport to adopt and adhere to a “Passengers Bill of Rights”.

The amendment failed 49 to 56 (details)

Amendment offered by Rep. LaMar Lemmons III (D-2)

To require all commercial airports in the state to have the same type of airport authority as the one proposed by the bill for Detroit Metro Airport.

The amendment failed 43 to 62 (details)

Amendment offered by Rep. Bruce Patterson (R-21)

To require the airport authority to work with local governments to utilize federal noise and fume mitigation programs.

The amendment passed by voice vote

Amendment offered by Rep. LaMar Lemmons III (D-2)

To require that three airport authority board member to be appointed by the Wayne County Commission, and only two to be appointed by the Wayne County Executive (rather than one and four, respectively).

The amendment failed 43 to 61 (details)

Amendment offered by Rep. Samuel B. Thomas (D-10)

To require the airport authority to recognize and bargain with the union which previously represented an employee whose job with a local government has been transferred to the authority. Also, to require a local government to retain and reassign any airport worker who does not wish to work for the authority, and prohibit the local government from laying off or reducing the pay of any employee whose job the former airport worker has taken.

The amendment passed 93 to 12 (details)

Amendment offered by Rep. James Koetje (R-74)

To authorize the airport authority to impose the same civil and criminal penalties for the violation of rules, regulations, and ordinances authorized by the bill as those currently imposed by Wayne County.

The amendment passed by voice vote

Amendment offered by Rep. Judith Scranton (R-66)

To make a technical change to a definition contained in the bill.

The amendment passed by voice vote

Amendment offered by Rep. Ken Daniels (D-5)

To require a referendum on the establishment of the airport authority by the voters of Wayne County.

The amendment failed 52 to 51 (details)

Amendment offered by Rep. Andrew Richner (R-1)

To exempt Willow Run airport from the provisions of the bill.

The amendment passed 107 to 0 (details)

Amendment offered by Rep. William O'Neil (D-24)

To require airport authority funds to be deposited with the Wayne County Treasurer.

The amendment failed 46 to 52 (details)

Amendment offered by Rep. Ken Daniels (D-5)

To require a referendum on the establishment of the airport authority by the voters of Wayne County.

The amendment failed 49 to 56 (details)

Amendment offered by Rep. William O'Neil (D-24)

To give the Wayne County Auditor General the power to undertake an audit of the airport authority at any time, and require the authority to cooperate.

The amendment failed by voice vote

Amendment offered by Rep. Jim Plakas (D-17)

To require the ethics policies required for airport workers to be no less stringent than those required for state workers.

The amendment passed 105 to 0 (details)

Amendment offered by Rep. Gloria Schermesser (D-25)

To withhold from the airport authority any jurisdiction over an “aeropolis” within three-miles of the airport. The amendment refers to the proposed Pinnacle Aeropark. See also Senate Bill 1130.

The amendment failed 44 to 52 (details)

Amendment offered by Rep. Ken Daniels (D-5)

To prohibit contracts for airport services provided to the public to be longer than five years, or ten years when the amortization of capital expenses makes it necessary.

The amendment failed 44 to 39 (details)

Amendment offered by Rep. William O'Neil (D-24)

To give the Wayne County Auditor General the power to undertake an audit of the airport authority at any time, and require the authority to cooperate.

The amendment failed 47 to 42 (details)

Amendment offered by Rep. Mary Waters (D-4)

To require that the authority manage the airport in a manner which is effective, efficient, fair, and economically beneficial to the region, to travelers, to neighboring communities, and to airlines, and define certain elements in that description. Also, to require an annual report with information about the direction of average ticket prices and steps taken to mitigate airport noise.

The amendment failed 44 to 45 (details)

Passed in the House 75 to 31 (details)

To adopt the terms of an agreement made between Gov. John Engler and Wayne County Executive Edward McNamara to transfer authority over the Detroit Metro Airport and Willow Run Airport from Wayne County to an independent authority with four board members appointed by the Wayne County executive, two by the governor and one by the Wayne County Board of Commissioners. Board members could not be elected officials or government employees, and board members and their family would be prohibited from working for or having direct financial interest in firms with airport contracts. The authority would oversee all contracts and hire the airport director. A three-member audit committee, made up of one of the board members appointed by the Wayne County executive, one of the governor's, and the one county commission member, could order special investigations and audits. Managers and board members would be required to meet state conflict-of-interest standards, and abide by ethics rules including financial disclosure, and disclosure of any criminal history, license sanctions, civil allegations of fraud or misrepresentation, or tax delinquency. Competitive bidding would be required for all contracts over $50,000 unless a no-bid process was justified in writing for emergency repairs or for reasons of public or passenger safety.

Received in the Senate

March 13, 2002

March 14, 2002

Passed in the Senate 28 to 8 (details)

To concur with the House-passed version of the bill.

Received in the House

March 14, 2002

Signed by Gov. John Engler

March 26, 2002