October 15, 2008, Introduced by Reps. Gaffney, Johnson, Leland, Donigan and Clemente and referred to the Committee on Transportation.
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
transportation planning 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.
(c)
"Department" means the state transportation department of
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
the
best interest of the this state.