SB-1068, As Passed Senate, December 7, 2016
SUBSTITUTE FOR
SENATE BILL NO. 1068
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 promote safe and efficient travel for
motor vehicle drivers, bicyclists, pedestrians, and other legal
users of roads, streets, and highways; 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 1c (MCL 247.651c), as amended by 2010 PA 28.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1c. (1) The state transportation department shall
bear
the cost of opening, widening, and improving, including
construction and reconstruction, in accordance with standards and
specifications of the department, all state trunk line highways,
subject to all of the following provisions:
(a) Incorporated cities and villages shall participate with
the department in the cost of opening, widening, and improving,
including construction and reconstruction of state trunk line
highways within cities and villages to which may be added, subject
to the approval of the state transportation commission, streets
that are connecting links of trunk line highways or streets that
are made connecting links of trunk line highways, according to the
following schedule subject to the definition of population as
provided in section 13:
(i) In cities and villages having a population of 50,000 or
more, 12.5% of the cost shall be borne by the city or village, and
87.5% by the state transportation department.
(ii) In cities and villages having a population of 40,000 or
more and less than 50,000, 11.25% of the cost shall be borne by the
city or village, and 88.75% by the state transportation department.
(iii) In cities and villages having a population of 25,000 or
more and less than 40,000, 8.75% of the cost shall be borne by the
city or village, and 91.25% by the state transportation department
except in the case of projects related to international border
crossing, in which case the department shall bear the entire
project cost.
(iv) In cities and villages having a population of less than
25,000, the state transportation department shall bear the entire
cost.
(b) As used in this act, "opening, widening, and improving,
including construction and reconstruction, of state trunk line
highways" includes, but is not limited to, the cost of right of
way; the cost of removal and replacement of sidewalks, street
lighting, curbing, where removal and replacement is made necessary
by construction or reconstruction of a trunk line highway; and the
cost of bridges and structures, including that part of the cost of
grade separation structures not paid by the railroad companies.
(2) (c)
In a city or village, the width of
a state trunk line
highway shall be the width required to serve anticipated future
traffic needs for a 20-year period as determined by a department
transportation
survey, which width, except as prescribed by this
subdivision,
but shall not be less than the currently accepted
standards prescribed for a 4-lane highway; the width as may be
built on the same trunk line route immediately beyond and adjacent
to either legal boundary of the city or village; or on trunk lines
eligible for federal highway funds, a width as may be prescribed by
the federal government, whichever width is greater. However, the
department and the governing body of a city or village by mutual
agreement may determine that the width of a state trunk line
highway shall be less than the width otherwise prescribed by this
subdivision.subsection.
(3) (d)
If a city or village shall
desire chooses to widen a
state trunk line highway for local purposes beyond the width
prescribed
in subdivision (c), subsection
(2), the entire cost of
the
extra width, less the federal highway funds which that may
be
allocated to the portion of the project by the department, shall be
borne by the city or village.
(4) (e)
The state transportation commission
and the boards of
county road commissioners may enter into agreements with townships
or private persons for the improvement or widening of state trunk
line highways or county roads. The state transportation commission
and the boards of county road commissioners may require full or
partial participation in the cost of the improvement or widening by
the requesting party as considered appropriate.
(5) As used in subsection (1), "state trunk line highway" does
not include a limited access freeway.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.