HB-6545, As Passed House, November 13, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6545

A bill to amend 1976 PA 295, entitled

"State transportation preservation act of 1976,"

by amending sections 1, 2, 5, 15, and 16 (MCL 474.51, 474.52,

474.55, 474.65, and 474.66), section 2 as amended by 1998 PA 235

and sections 5, 15, and 16 as amended by 1984 PA 210.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) This act shall be known and may be cited as the

"state transportation preservation act of 1976".

(2) There exists a need to provide authorization for financial

assistance for the capital improvement, maintenance, and operation

of rail, street railway, intercity bus, and ferry services in this

state. To undertake the planning, development, acquisition, and

operation of these services is in the best interest of the state

and is a valid public purpose.

(3) The preservation of abandoned railroad rights of way for

future rail use and their interim use as public trails is declared

to be a public purpose.

Sec. 2. As used in this act:

(a) "Bureau" means the bureau of ~~urban and public~~ passenger

transportation in the department.

(b) "Commuter trail" means a trail, lane, path, road, or other

right of way on which motorized vehicles are not permitted and

which has the primary or substantial purpose and result of

providing a means for people to move from 1 location to another.

transportation, the principal department created under section 350

of the executive organization act of 1965, 1965 PA 380, MCL 16.450.

(d) "Federal acts" means the regional rail reorganization act

of 1973, 45 ~~U.S.C.~~ USC 701 to 797m; the railroad revitalization and

regulatory reform act of 1976, Public Law 94-210; ~~, 90 Stat. 31;~~

the local rail service assistance act of 1978, section 5, Public

Law 89-670; ~~, 80 Stat. 931;~~ the staggers rail act of 1980, Public

Law 96-448; ~~, 94 Stat. 1895;~~ and the northeast rail service act of

1981, subtitle E title XI, Public Law 97-35. ~~, 95 Stat. 643.~~

(e) "Recreational trail" means a trail, lane, path, road, or

other right of way ~~which~~ that because of its scenic, wild, or

topographical nature, has as its primary purpose recreational use

of the trail itself.

(f) "Street railway" means that term as defined under the

nonprofit street railway company act, 1867 PA 35, MCL 472.1 to

472.31.

Sec. 5. The department may provide financial assistance in the

form of grants, leases, loans, and purchases, or any combination of

grants, leases, loans, and purchases, within the limits of the

funds appropriated by the legislature or otherwise obtained, for

the maintenance of a railroad or a street railway within the state

as provided in the federal acts, other relevant federal

legislation, ~~Act No. 51 of the Public Acts of 1951, being sections~~

~~247.651 to 247.674 of the~~ ~~Michigan~~ ~~Compiled Laws,~~ 1951 PA 51, MCL

247.651 to 247.675, or other relevant state law. The department may

act as the agent for the state, a person, a public or private

corporation, a local or regional transportation authority, a local

governmental unit, a private carrier, a group of rail users, or a

combination of these entities for the maintenance of a railroad or

a street railway in this state.

Sec. 15. The department may spend sums appropriated and other

available funds for the construction, modernization,

rehabilitation, rebuilding, and relocation of rail property and may

perform or contract for maintenance or improvements on rail

property owned by the state, a person, a public or private

corporation, a local or regional transportation authority, a local

governmental unit, a private carrier, a group of rail users, or a

combination of these entities, including, but not limited to, a

street railway, as is necessary in the public interest as

determined by the department.

Sec. 16. The department may contract with a person, firm, or

public or private corporation to provide rail, street railway,

intercity bus, or ferry service deemed by the department to be in