Bill Text: MI HB5143 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Transportation; funds; distribution of truck safety funds; modify. Amends sec. 25 of 1951 PA 51 (MCL 247.675).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-11-03 - Printed Bill Filed 11/03/2011 [HB5143 Detail]
Download: Michigan-2011-HB5143-Introduced.html
HOUSE BILL No. 5143
November 2, 2011, Introduced by Rep. Goike and referred to the Committee on Appropriations.
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 25 (MCL 247.675), as amended by 1993 PA 20.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 of state police.
(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 traffic safety
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
that
the Michigan truck safety commission shall
may 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
1976 PA 267, MCL 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. the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A majority of
the
commission members serving shall be required to constitute
constitute a quorum for the performance of its business.
(4) The truck safety fund shall be expended in the following
order of priority and in the following manner:
(a)
Not more than Up to 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 may employ not more than 2 persons to assist in the
administration of the fund.
(b)
Not less than 30% At least
25%, but not less than
$1,000,000.00
$700,000.00, of the balance of the money deposited in
the truck safety fund shall be expended 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
anything necessary to apply for, receive, and administer that
assistance in accordance with the laws of this state.
(c)
Not less than $750,000.00 At
least $600,000.00 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 traffic safety
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 traffic
safety 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.
(d) At least $750,000.00 of the balance of the money deposited
in the truck safety fund shall be expended to defray the cost of
compliance with 49 CFR part 383 incurred by the secretary of state.
(e) (d)
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.
(5) The Michigan truck safety commission 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 fund and the disbursements made from the fund during the
previous fiscal year.
