Bill Text: MI HB4389 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Transportation; funds; oversight of the Michigan truck safety fund; transfer to secretary of state, abolish Michigan truck safety commission, and make other revisions. Amends title & sec. 25 of 1951 PA 51 (MCL 247.675).
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Introduced - Dead) 2013-03-12 - Printed Bill Filed 03/08/2013 [HB4389 Detail]
Download: Michigan-2013-HB4389-Introduced.html
HOUSE BILL No. 4389
March 7, 2013, Introduced by Reps. Goike, Lane, Kelly, Lauwers, Victory, Glardon, Schmidt, Daley, Zorn, Jacobsen, Heise and Yonker and referred to the Committee on Transportation and Infrastructure.
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 the title and section 25 (MCL 247.675), the title as
amended by 2010 PA 135 and section 25 as amended by 1993 PA 20.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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.
Sec. 25. (1) The truck safety fund is established and shall be
maintained in the state treasury. The truck safety fund shall be
administered
by the office of highway safety planning within the
department
secretary of state, police.and the secretary of state
shall control the expenditures from the truck safety fund.
(2)
The Michigan truck safety commission is established in the
office
of highway safety planning within the department of state
police.
The commission shall control the expenditures of the truck
safety
fund. The commission shall consist of the following members:
(a)
A member of the state transportation commission, or his or
her
authorized representative who is a member of the state
transportation
commission.
(b)
The director of the office of highway safety planning,
within
the department of state police.
(c)
The secretary of state.
(d)
The commanding officer of the motor carrier division
within
the department of state police.
(e)
Seven individuals appointed by the governor with the
advice
and consent of the senate as follows:
(i) One individual representing Michigan community
colleges.
(ii) One individual representing 4-year colleges or
universities.
(iii) One individual representing the Michigan trucking
association.
(iv) One individual representing private motor
carriers.
(v) One individual representing organized labor.
(vi) Two individuals representing the general public.
(3)
The appointed members of the Michigan truck safety
commission
shall be appointed for 2-year terms. The chairperson of
the
Michigan truck safety commission shall be elected by a majority
of
the members serving on the Michigan truck safety commission. A
vacancy
shall be filled for the balance of the unexpired term in
the
same manner as the original appointment. The business which the
Michigan
truck safety commission shall perform shall be conducted
at
a quarterly meeting held in compliance with the open meetings
act,
Act No. 267 of the Public Acts of 1976, being sections 15.261
to
15.275 of the Michigan Compiled Laws. Public notice of the
meeting
shall be given in the manner required under Act No. 267 of
the
Public Acts of 1976. A majority of the commission members
serving
shall be required to constitute a quorum.
(2) (4)
The secretary of state shall expend money deposited in
the
truck safety fund shall be expended in
the following order of
priority and in the following manner:
(a) Not more than 5% but not more than $100,000.00 of the
money deposited in the truck safety fund shall be expended for the
fund's
administrative expenses. The office of highway safety
planning
secretary of state may employ not more than 2 persons to
assist in the administration of the fund.
(b)
Not The secretary of state
shall distribute not less than
30%,
but not less than $1,000,000.00 $1,400,000.00
of the balance
of
the money deposited in the truck safety fund shall be expended
to a qualified recipient in the form of a grant. A qualified
recipient shall expend the money distributed to it under this
subdivision for the following purposes:
(i) Establishing truck driver safety education programs.
(ii) Encouraging, coordinating, and administering grants for
research and demonstration projects to develop the application of
new ideas and concepts in truck driver safety education as applied
to state, as opposed to nationwide, problems.
(iii) Applying for, receiving, and accepting any grant, gift,
contribution, loan, or other assistance in the form of money,
property, labor, and any other form from a public or private source
for the enhancement of truck driver safety education, including
matching funds and other assistance from an agency or
instrumentality of the United States and doing each thing as is
necessary to apply for, receive, and administer that assistance in
accordance with the laws of this state.
(c)
Not less than $750,000.00 of the balance of the money
deposited
in the truck safety fund shall be expended for the
establishment
of special transportation enforcement team operations
within
the motor carrier division of the department of state police
and
any expenses incurred by the special transportation enforcement
team
including, but not limited to, required equipment. The motor
carrier
division of the department of state police shall submit an
annual
report of the activities of the special transportation
enforcement
team operations and expenditures of the fund for those
operations
provided by this subdivision.
(c) (d)
The Except as provided in
subsection (3), the balance
of the money deposited in the truck safety fund, if any, shall be
expended
for the following purposes:
(i) Investigating, performing data collection and
analysis, and
making
recommendations on truck accidents within this state.
(ii) Investigating and making recommendations on the
truck
safety
enforcement procedures of local law enforcement agencies.
(iii) Performing other functions considered necessary by
the
Michigan
truck safety commission for the enhancement of truck and
truck
driver safety within this state.deposited
in the Michigan
transportation fund established in section 10.
(3) The secretary of state may annually expend money from the
truck safety fund to send information by first-class mail to
registered truck owners to inform and educate them about changes to
the laws of this state and associated regulations that are relevant
to the trucking community.
(4) (5)
The commission secretary of state shall make an annual
report to the chairpersons of the house transportation and senate
transportation and tourism committees on the status of the truck
safety fund. The report shall be submitted within 45 days after the
end of the fiscal year and shall include the year-end balance of
the truck safety fund and the disbursements made from the truck
safety fund during the previous fiscal year.
(5) As used in this section, "qualified recipient" means a
nonprofit statewide trade association that satisfies all of the
following:
(a) The association is exempt from taxation under 26 USC
501(c)(6).
(b) The association has a charitable educational subsidiary
that is exempt from taxation under 26 USC 501(c)(3).
(c) The association is incorporated and established in this
state.
(d) The association is affiliated with a national trade
association with multiple state affiliates that represents for hire
and private motor carriers for the purposes of improving the
condition of the trucking industry, the education of its members
through safety education programs, and the provision of information
regarding state and federal laws and regulations and changes to
those laws and regulations, and for the purpose of establishing
improved relations between the general public and the trucking
industry.
