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.