SENATE BILL No. 767
October 23, 2001, Introduced by Senators KOIVISTO, NORTH and MC MANUS and referred
to the Committee on Transportation and Tourism.
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 clas-
sification; 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 trans-
portation fund and the use and administration of the fund for
transportation purposes; 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 pur-
poses; to set up and establish the Michigan truck safety commis-
sion; to establish certain standards for road contracts for cer-
tain businesses; to provide for the continuing review of trans-
portation needs within the state; to authorize the state trans-
portation 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 appropria-
tions and tax levies by counties and townships for county roads;
to authorize contributions by townships for county roads; to pro-
vide for the establishment and administration of the state trunk
line fund, critical bridge fund, comprehensive transportation
fund, and certain other funds; to provide for the deposits in the
state trunk line fund, critical bridge fund, comprehensive
00934'01 * MRM
2
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 submis-
sion 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 offi-
cials; to provide for the making of loans for transportation pur-
poses 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 1b (MCL 247.651b), as amended by 1989 PA
188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1b. (1) The state transportation department shall bear
2 the entire cost of maintaining, in accordance with standards and
3 specifications of the department, all state trunk line highways
4 including highways within incorporated cities and villages except
5 that the cost of maintaining additional width for local purposes
6 as provided in section 1c shall be borne by the city or village.
7 For
8 (2) EXCEPT FOR SECTIONS 11 AND 12, FOR the purposes of this
9 act, except for sections
11 and 12,
maintaining of state trunk
10 line highways shall include,
by way
of enumeration but not
11 limitation
BUT NOT BE LIMITED TO,
snow removal, street cleaning
12 and drainage, seal coating, patching and ordinary repairs, erec-
13 tion and maintenance of traffic signs and markings, ALL freeway
14 lighting for traffic safety,
in
cities and villages having a
15 population of less than
30,000 and
the trunk line share of the
16 erection and maintenance of traffic
signals. , but shall
00934'01 *
3
1 MAINTAINING OF STATE TRUNK LINE HIGHWAYS DOES not include street
2 lighting, resurfacing, OR new curb and gutter structures for
3 widening. On and after
January 1,
1970, maintaining of state
4 trunk line highways shall
include
all freeway lighting for traf-
5 fic safety.
6 (3) (2)
Notwithstanding any
provision of law to the con-
7 trary, as part of the construction or reconstruction of a state
8 trunk line highway which abuts a location designated as a
9 national historic landmark
pursuant
to UNDER the national his-
10 toric preservation act, Public Law
89-665, 80 Stat. 915 470 TO
11 470a, 470b, AND 470c TO 470x-6, and 36 C.F.R. part 65, the
12 department may include, within the
project, expenditures deemed
13 CONSIDERED necessary to mitigate the adverse impact of the state
14 trunk line highway on the aesthetic and historic character of
15 that abutting area. The installation or maintenance of lighting
16 to preserve the aesthetic and historic character of the abutting
17 area shall not impose a duty on the department to provide or
18 maintain lighting for the improved portion of the highway
19 designed for vehicular travel.
20 (4) (3)
The state
transportation department shall not use
21 funds allocated under this act for the development or construc-
22 tion of a service plaza.
23 (5) THE STATE TRANSPORTATION DEPARTMENT SHALL USE FUNDS
24 ALLOCATED UNDER THIS ACT TO ERECT AND MAINTAIN ROAD SIGNS THAT
25 IDENTIFY VILLAGES, TOWNSHIPS, AND UNINCORPORATED COMMUNITIES
26 LOCATED IN RURAL AREAS THAT SATISFY ALL OF THE FOLLOWING:
00934'01 *
4
1 (A) THE VILLAGE, TOWNSHIP, OR UNINCORPORATED COMMUNITY IS
2 LOCATED WITHIN 5 MILES OF AN EXIT POINT ON THE STATE TRUNK LINE
3 HIGHWAY SYSTEM WITHIN THE UPPER PENINSULA OF THIS STATE.
4 (B) THE VILLAGE, TOWNSHIP, OR UNINCORPORATED COMMUNITY IS
5 IDENTIFIED ON THE OFFICIAL STATE TRANSPORTATION MAP, THE OFFICIAL
6 TRANSPORTATION MAP OF THE COUNTY WHERE IT IS LOCATED, OR BOTH.
7 (6) IN CONSIDERING WHETHER A VILLAGE, TOWNSHIP, OR UNINCOR-
8 PORATED COMMUNITY LOCATED IN A RURAL AREA QUALIFIES FOR SIGNAGE
9 UNDER SUBSECTION (5), THE STATE TRANSPORTATION DEPARTMENT SHALL
10 CONSIDER ONLY THE FACTORS LISTED IN SUBSECTION (5) AND SHALL NOT
11 TAKE INTO ACCOUNT THE FACT THAT THE VILLAGE, TOWNSHIP, OR UNIN-
12 CORPORATED COMMUNITY LOCATED IN THE RURAL AREA DOES NOT HAVE A
13 POSTMASTER.
14 (7) AS USED IN THIS SECTION:
15 (A) "RURAL AREA" MEANS AN AREA THAT LIES OUTSIDE THE BOUNDA-
16 RIES OF AN URBANIZED AREA AS THOSE BOUNDARIES ARE DETERMINED BY
17 THE ECONOMICS AND STATISTICS ADMINISTRATION, UNITED STATES BUREAU
18 OF THE CENSUS, ACCORDING TO THE 2000 CENSUS.
19 (B) "UNINCORPORATED COMMUNITY" MEANS A COMMUNITY THAT DOES
20 NOT HAVE ITS OWN GOVERNMENTAL BODY BUT IS GOVERNED BY THE TOWN-
21 SHIP IN WHICH IT IS LOCATED.
00934'01 * Final page. MRM