Bill Text: MI HB4573 | 2019-2020 | 100th Legislature | Introduced
Bill Title: State financing and management; purchasing; state contracts; provide certain preferences. Amends sec. 11c of 1951 PA 51 (MCl 247.661c).
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2019-05-14 - Bill Electronically Reproduced 05/09/2019 [HB4573 Detail]
Download: Michigan-2019-HB4573-Introduced.html
HOUSE BILL No. 4573
May 8, 2019, Introduced by Reps. Cherry, Guerra, Sneller, Ellison, Chirkun, Witwer, Kennedy, Kuppa and Gay-Dagnogo and referred to the Committee on Transportation.
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 11c (MCL 247.661c), as amended by 2015 PA 182.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11c. (1) All construction projects of the department
concerning highways, streets, roads, and bridges, whose cost
exceeds $100,000.00 for construction or preservation as defined in
section 10c, shall be performed by contract awarded by competitive
bidding unless the department affirmatively finds that under the
circumstances relating to those projects, some other method is in
the public interest. The director of the department shall report
his or her findings to the state transportation commission 90 days
before work is commenced and promptly in writing to the
appropriations committees of the senate and house of
representatives. However, in a case in which the department
determines emergency action is required, the reports need not be
filed before a contract is awarded but shall be promptly filed.
(2) All construction projects of a local road agency whose
costs exceed $100,000.00 for construction or preservation,
excluding maintenance, shall be performed by contract awarded by
competitive bidding unless the local road agency affirmatively
finds that under the circumstances relating to those projects, some
other method is in the public interest. Installation or upgrading
of advanced traffic management and signals is exempt from this
subsection. A county road commission shall report its findings
before work is commenced in writing to the county board of
commissioners of that county. A city or village shall report its
findings before work is commenced in writing to the governing
elected body of that city or village. As used in this subsection
and subsection (3), "local road agency" means that term as defined
in section 9a.
(3) In awarding contracts under this act, the department and
local road agencies shall give preference to contractors that meet
1 or more of the following:
(a) Agree, as part of the construction contract, to have not
less than 75% of the construction mechanics, who are to work under
that contract, reside within 60 miles of the work site of the
proposed contract.
(b) Maintain or participate in an apprenticeship program for
construction mechanics that is certified by the United States
Department of Labor as determined by the department.
(4) As used in subsection (3), "construction mechanic" means a
skilled or unskilled mechanic, laborer, worker, helper, assistant,
or apprentice working on the construction project but does not
include executive, administrative, professional, office, or
custodial employees.
