SB-0870, As Passed Senate, March 2, 2006
SUBSTITUTE FOR
SENATE BILL NO. 870
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 sections 14 and 15 (MCL 247.664 and 247.665), section
14 as amended by 1987 PA 234 and section 15 as amended by 1999 PA
50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) Each county road commission and city and village
of the state shall prepare biennial primary road and major street
programs, based on long-range plans, and shall make the programs
available for review by the public.
(2) Separate accounts shall be kept by cities, villages, and
county road commissions of all money returned from the Michigan
transportation fund. This subsection shall not be construed to
prevent the combining of accounts on which separate bookkeeping
records are kept into a single deposit account.
(3) All county road commissions and cities and villages shall
keep accurate and uniform records on all road and street work and
funds, and shall annually report to the state transportation
department at the time, in the manner, and on forms prescribed by
the state transportation department the mileage of each road system
under their jurisdiction and the receipts and disbursements of road
and
street funds. In the annual report, each Each county
road
commission
shall report provide
information on its compliance in
the preceding year with the requirements of section 12(16) and
(17).
The report provision
of information from county road
commissions shall also specify, with respect to section 12(17), the
total dollar amount expended for other than maintenance purposes
which would not have been permissible without the deduction of
certain urban route expenditures as permitted under section 12(17).
The report
provision of information by county road commissions
shall also specify the justification for a waiver of the
requirement of section 12(17), if that requirement was waived.
(4) The expenditure of adequate amounts, by county road
commissions and the cities and villages, from funds returned by
this act, to cover the cost of administration, engineering, and
record
keeping is hereby authorized, and information about
expenditures
for those purposes shall be reported separately
provided by each county road commission, city, and village to the
state transportation department.
(5) All distributions and returns of funds provided for in
this act shall be withheld from the state transportation
department, eligible authorities, county road commissions, cities,
villages, or other eligible governmental agencies for failure to
comply with any of the requirements of this act, and the
withholding shall continue for the period of noncompliance.
(6) Money distributed to county road commissions for the
maintenance and improvement of county local road systems pursuant
to section 12 represents the total responsibility of the state for
local county road support. Additional funds required for the
support of county local road systems may be supplied from other
money returned to the township governments by the state under the
state constitution of 1963 and statutes of the state, or from funds
that can be raised by taxation in the townships or counties for
road purposes within the limitations of the state constitution of
1963 and statutes of the state.
Sec.
15. (1) Before On
and after January 1, 2007 and
beginning each May 2 of each year, each county road commission or
the county executive or other agency acting as the county road
commission shall file with the director of the state transportation
department, each
township in the county, and the clerk of the
county,
on forms to be provided by the director, a
report showing
information sufficient to show the disposition of funds
appropriated, apportioned, or allocated under this act to the
county road commission or the county executive or other agency
acting as the county road commission including the funds expended
for road construction and heavy maintenance in each township in the
county
on the form provided by the department
in the annual county
financial
report instruction and forms booklet prepared by the
department,
except funds appropriated under section 10b.
(2) In addition to the general information required under
subsection
(1), the report filed information provided by the
county road commission or the county executive or other agency
acting as the county road commission under subsection (1) shall
also
include all
of the following: specific
information:
(a) The number of miles of local roads outside of incorporated
municipalities in each township in the county and the amount of
funds received for each of those miles by the county under the
formula described in section 12(7)(a).
(b) The number of miles of primary roads outside of
incorporated municipalities in each township in the county and the
amount of funds received for each of those miles by the county
under the formula described in section 12(4) and (6)(b).
(c) The total population outside of incorporated
municipalities in each township in the county and the per capita
amount of funds received for each person on the basis of population
according to the formula described in section 12(7)(b).
(d) The amount of funds received by the county road commission
or the county executive or other agency acting as the county road
commission directly from each township in the county for the
purposes of this act.
(3)
Beginning with municipal fiscal years ending after April
15,
1976 January 1, 2007, each city and village shall file with
the director of the state transportation department, not more than
120 days after the end of its fiscal year, on forms provided by the
director, a
report showing information
sufficient to show the
disposition of funds appropriated, apportioned, or allocated under
this act to the city or village, except funds appropriated under
section 10b.
(4) Beginning January 1, 2007, all information required to be
submitted to the state transportation department under section 14
and this section may be submitted electronically to the state
transportation department on a single consolidated form that the
state transportation department shall develop and make available
electronically. The form shall allow county road commissions,
cities, and villages to summarize the required information. If the
state transportation department establishes with good cause that
the information submitted to it is insufficient, the state
transportation department may separately request further additional
information from any county road commission, city, or village.