HB-4197, As Passed Senate, March 17, 2005
February 3, 2005, Introduced by Reps. LaJoy, Sheltrown, Mortimer, Nitz, Acciavatti, Casperson, Hune, Baxter and Dillon 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,
local 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:
Sec.
20a. A board of county road commissioners in a county
having
a population of not less than 500,000 and
the township
board
of a township having a population of not less than 40,000
15,000, as determined by the most recent statewide federal census,
and which in the prior year and the contract year will have levied
a property tax of not less than 1 mill on each dollar of assessed
valuation of the township for the improvement or preservation of
county roads within the township, may exercise the provisions of
this section only by entering into a written contract of not more
than 1 year providing for the preservation by the township of all
or any part of the county local road system within that township,
subject to, but not limited to, the following conditions:
(a) The contract shall specify the total amount of money that
shall be annually expended by the contracting township for the
preservation of the local road system or part thereof. The
contracting
road commission may pay not more than 75% 90% of
the
amount specified in the contract to the contracting township
annually. The contracting road commission shall not pay more than
66% of an amount equal to the average annual amount of funds
expended by the county road commission on the local road system
located within the contracting township for construction and
preservation purposes over the previous 5-year period from local
road funds received by the county under this act. Any funds
expended by the contracting road commission on the local road
system located within the contracting township in excess of 66%
shall be matched by the contracting township. The amount paid the
contracting
township shall not directly or indirectly include
moneys
money transferred from the
primary fund allocation to the
county as set forth in section 12(8).
(b) The contracting township shall keep separate accounts and
accurate and uniform records on all road preservation work and
funds,
and shall file with the state highway transportation
commission and the contracting county road commission on or before
April
1 of each year, on forms to be provided by the state highway
transportation commission, a report showing the disposition of
funds
received and expended for road purposes. The failure of a
contracting
township to apply moneys returned pursuant to this act
to
the purposes herein prescribed shall result in the forfeiture by
the
contracting county of any and all funds to which it may have
been
entitled under this act and all funds so forfeited shall
thereafter
be apportioned among the other county road commissions
in
the same manner and proportion as hereinbefore provided for the
distribution
of the motor vehicle highway fund.
(c) The contract shall require the contracting township to
provide insurance covering the contracting road commission's
liability for failure to preserve the local roads specified in the
contract.
(d) The contracting road commission shall determine and
specify the equipment and personnel necessary to provide the
preservation as set forth in the contract, and the contract shall
not take effect until the contracting township has acquired the
necessary
equipment and personnel so specified in the contract.
(e)
As used in this section, the term "preservation" shall be
construed
to include the same meaning as set forth in section 10c.
If
the contracting parties intend to give a different meaning than
as
set forth in section 10c, the contract shall so specify.
(e) As used in this section:
(i) "County road commission" means the board of county road
commissioners elected or appointed pursuant to section 6 of chapter
IV of 1909 PA 283, MCL 224.6, or, in the case of a charter county
with a population of 2,000,000 or more with an elected county
executive that does not have a board of county road commissioners,
the county executive for ministerial functions and the county
commission provided for in section 14(1)(d) of 1966 PA 293, MCL
45.514, for legislative functions.
(ii) "Preservation" means that term as defined in section 10c
unless the contracting parties specify a different meaning in the
contract.