March 23, 2005, Introduced by Reps. Pearce, Jones, Booher, Wenke, Hansen, LaJoy, Kahn, Hildenbrand, Elsenheimer, Walker, Huizenga, Van Regenmorter and Vander Veen 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 10k (MCL 247.660k), as amended by 1982 PA 438.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10k. (1) Transportation purposes as provided in this act
include provisions for facilities and services for nonmotorized
transportation including bicycling.
(2) Of the funds allocated from the Michigan transportation
fund to the state trunk line fund and to the counties, cities, and
villages, a reasonable amount, but not less than 1% of those funds
shall be expended for nonmotorized transportation services and
facilities. One-half of 1% of the funds expended for nonmotorized
transportation services and facilities shall be used for the
development of sidewalks within a city or village. A city or
village may apply for and receive matching funds from the state
transportation department on a form developed by the state
transportation department that provide no more than 25% of the cost
of the particular sidewalk development project.
(3) An improvement in a road, street, or highway which
facilitates nonmotorized transportation by the paving of unpaved
road surfaces and shoulders, widening of lanes, or any other
appropriate measure shall be considered to be a qualified
nonmotorized facility for the purposes of this section.
(4) Units of government need not meet the provisions of this
section annually, provided the requirements are met as an average
over a reasonable period of years, beginning with 1978, not to
exceed 10.
(5) The state transportation department or a county, city, or
village receiving money from the Michigan transportation fund
annually shall prepare and submit a 5-year program for the
improvement of qualified nonmotorized facilities which when
implemented would result in the expenditure of an amount equal to
at least 1% of the amount distributed to the state transportation
department or the county, city, or village, whichever is
appropriate, from the Michigan transportation fund in the previous
calendar year multiplied by 10, less the accumulated total
expenditures by the state transportation department or the county,
city, or village for qualified nonmotorized facilities in the
immediately preceding 5 calendar years.
(6) Facilities for nonmotorized transportation may be
established in conjunction with or separate from already existing
highways, roads, and streets and shall be established when a
highway, road, or street is being constructed, reconstructed, or
relocated, unless:
(a) The cost of establishing the facilities would be
disproportionate to the need or probable use.
(b) The establishment of the facilities would be contrary to
public safety.
(c) Adequate facilities for nonmotorized transportation
already exist in the area.
(d) Matching funds are not available through the department of
natural resources or other state, local, or federal government
sources.
(e) The previous expenditures and projected expenditures for
nonmotorized transportation facilities for the fiscal year exceed
1% of that unit's share of the Michigan transportation fund, in
which case additional expenditures shall be discretionary.
(7) The state transportation department may provide
information and assistance to county road commissions, cities, and
villages on the planning, design, and construction of nonmotorized
transportation facilities and services.