SENATE BILL No. 870

 

 

November 9, 2005, Introduced by Senators GEORGE, KUIPERS, HARDIMAN, GOSCHKA, ALLEN and McMANUS and referred to the Committee on Local, Urban and State Affairs.

 

 

 

     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 electronically with the director of the state

 

transportation department,  each township in the county, and the

 

clerk of the county,  on electronic 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 electronic 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

 

electronically with the director of the state transportation

 

department, not more than 120 days after the end of its fiscal

 

year, on electronic 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 shall 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.