November 4, 2003, Introduced by Reps. LaJoy, Brandenburg, Stahl, Casperson, Gaffney, Ward, Wenke, DeRoche, Taub, Huizenga, Acciavatti, Sheen, Julian and Milosch and referred to the Committee on Transportation.
A bill to amend 1951 PA 51, entitled
"An act to provide for the classification of all public roads,
streets, and highways in this state, and for the revision of that
classification and for additions to and deletions from each
classification; to set up and establish the Michigan
transportation fund; to provide for the deposits in the Michigan
transportation fund of specific taxes on motor vehicles and motor
vehicle fuels; to provide for the allocation of funds from the
Michigan transportation fund and the use and administration of
the fund for transportation purposes; to set up and establish the
truck safety fund; to provide for the allocation of funds from
the truck safety fund and administration of the fund for truck
safety purposes; to set up and establish the Michigan truck
safety commission; to establish certain standards for road
contracts for certain businesses; to provide for the continuing
review of transportation needs within the state; to authorize the
state transportation commission, counties, cities, and villages
to borrow money, issue bonds, and make pledges of funds for
transportation purposes; to authorize counties to advance funds
for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations,
payment, retirement, and security of the bonds and pledges; to
provide for appropriations and tax levies by counties and
townships for county roads; to authorize contributions by
townships for county roads; to provide for the establishment and
administration of the state trunk line fund, critical bridge
fund, comprehensive transportation fund, and certain other funds;
to provide for the deposits in the state trunk line fund,
critical bridge fund, comprehensive transportation fund, and
certain other funds of money raised by specific taxes and fees;
to provide for definitions of public transportation functions and
criteria; to define the purposes for which Michigan
transportation funds may be allocated; to provide for Michigan
transportation fund grants; to provide for review and approval of
transportation programs; to provide for submission of annual
legislative requests and reports; to provide for the
establishment and functions of certain advisory entities; to
provide for conditions for grants; to provide for the issuance of
bonds and notes for transportation purposes; to provide for the
powers and duties of certain state and local agencies and
officials; to provide for the making of loans for transportation
purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans
from certain specified sources; and to repeal acts and parts of
acts,"
by amending section 20a (MCL 247.670a), as amended by 2002 PA
498.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 20a. A board of county road commissioners in a county
2 having a population
of not less than 500,000 and the
township
3 board of a township
having a population of not less than 40,000
4 15,000, as determined by the most recent statewide federal
5 census, and which in the prior year and the contract year will
6 have levied a property tax of not less than 1 mill on each dollar
7 of assessed valuation of the township for the improvement or
8 preservation of county roads within the township, may exercise
9 the provisions of this section only by entering into a written
10 contract of not more than 1 year providing for the preservation
11 by the township of all or any part of the county local road
12 system within that township, subject to, but not limited to, the
13 following conditions:
14 (a) The contract shall specify the total amount of money that
15 shall be annually expended by the contracting township for the
1 preservation of the local road system or part thereof. The
2 contracting road
commission may pay not more than 75% 90% of
3 the amount specified in the contract to the contracting township
4 annually. The contracting road commission shall not pay more
5 than 66% of an amount equal to the average annual amount of funds
6 expended by the county road commission on the local road system
7 located within the contracting township for construction and
8 preservation purposes over the previous 5-year period from local
9 road funds received by the county under this act. Any funds
10 expended by the contracting road commission on the local road
11 system located within the contracting township in excess of 66%
12 shall be matched by the contracting township. The amount paid
13 the contracting township shall not directly or indirectly include
14 moneys money transferred from the primary fund
allocation to
15 the county as set forth in section 12(8).
16 (b) The contracting township shall keep separate accounts and
17 accurate and uniform records on all road preservation work and
18 funds, and shall file
with the state highway transportation
19 commission and the contracting county road commission on or
20 before April 1 of each year, on forms to be provided by the state
21 highway transportation commission, a report showing
the
22 disposition of funds received and expended for road purposes.
23 The failure of a
contracting township to apply moneys money
24 returned pursuant to this
act to the purposes herein prescribed
25 in this act shall result in the forfeiture by the contracting
26 county of any and all
funds to which it may have been entitled
27 under this act and all
funds so forfeited by the contracting
1 county shall thereafter
be apportioned among the other county
2 road commissions in the same manner and proportion as
3 hereinbefore provided for in the distribution of the motor
4 vehicle highway Michigan transportation
fund.
5 (c) The contract shall require the contracting township to
6 provide insurance covering the contracting road commission's
7 liability for failure to preserve the local roads specified in
8 the contract.
9 (d) The contracting road commission shall determine and
10 specify the equipment and personnel necessary to provide the
11 preservation as set forth in the contract, and the contract shall
12 not take effect until the contracting township has acquired the
13 necessary equipment and
personnel so specified in the
14 contract.
15 (e) As used in this section, the term "preservation" shall be
16 construed to include the
same meaning as set forth in
17 section 10c. If the contracting parties intend to give a
18 different meaning than as
that set forth in section 10c, the
19 contract shall so specify.