May 28, 2003, Introduced by Rep. Rivet 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 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, 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 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 10 (MCL 247.660), as amended by 2000 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 10. (1) A fund to be known as the Michigan
2 transportation fund is established and shall be set up and
3 maintained in the state treasury as a separate fund. Money
4 received and collected
under 1927 PA 150, MCL 207.101 to
5 207.202 the motor fuel tax act, 2000 PA 403, MCL 207.1001
to
6 207.1170, except a license fee provided in that act, and a tax,
7 fee, license, and other money received and collected under
8 sections 801 to 810 of the Michigan vehicle code, 1949 PA 300,
9 MCL 257.801 to 257.810, except a truck safety fund fee provided
10 in section 801(1)(k) of the Michigan vehicle code, 1949 PA 300,
11 MCL 257.801, and money received under the motor carrier act, 1933
12 PA 254, MCL 475.1 to 479.43, shall be deposited in the state
13 treasury to the credit of the Michigan transportation fund. In
14 addition, income or profit derived from the investment of money
15 in the Michigan transportation fund shall be deposited in the
16 Michigan transportation fund. Except as provided in this act, no
1 other money, whether appropriated from the general fund of this
2 state or any other source, shall be deposited in the Michigan
3 transportation fund. Except as otherwise provided in this
4 section, the legislature shall appropriate funds for the
5 necessary expenses incurred in the administration and enforcement
6 of 1927 PA 150, MCL
207.101 to 207.202 the motor fuel tax act,
7 2000 PA 403, MCL 207.1001 to 207.1170, the motor carrier act,
8 1933 PA 254, MCL 475.1 to 479.43, and sections 801 to 810 of the
9 Michigan vehicle code, 1949 PA 300, MCL 257.801 to 257.810.
10 Funds appropriated for necessary expenses shall be based upon
11 established cost allocation methodology that reflects actual
12 costs. Beginning with the fiscal year ending September 30, 1998
13 and the next 2 succeeding fiscal years thereafter, funds
14 appropriated for these administrative expenses for all state
15 agencies and departments, other than the department, the
16 commission, the department of environmental quality expedited
17 permit processing program for road agencies, the department of
18 state, and the attorney general shall be phased out until further
19 funds are no longer appropriated for this purpose. All money in
20 the Michigan transportation fund is apportioned and appropriated
21 in the following manner:
22 (a) Not more than $3,000,000.00 as may be annually
23 appropriated each fiscal year to the state trunk line fund for
24 subsequent deposit in the rail grade crossing account.
25 (b) Not less than $3,000,000.00 each year to the critical
26 bridge fund established in section 11b for the purpose of payment
27 of the principal, interest, and redemption premium on any notes
1 or bonds issued by the state transportation commission under
2 section 11b.
3 (c) Revenue from 3 cents of the tax levied under section
4 2(1) of 1950 PA 127,
MCL 207.102 8 of the motor fuel
tax act,
5 2000 PA 403, MCL 207.1008, to the state trunk line fund, county
6 road commissions, and cities and villages in the percentages
7 provided in subdivision (i)
(j).
8 (d) Revenue from 1
cent of the tax levied under section 2(1)
9 of 1950 PA 127, MCL
207.102 8 of the motor fuel tax
act, 2000 PA
10 403, MCL 207.1008, to the state trunk line fund for repair of
11 state bridges under section 11.
12 (e) $43,000,000.00 to the state trunk line fund for debt
13 service costs on state of Michigan projects.
14 (f) 10% to the comprehensive transportation fund for the
15 purposes described in section 10e.
16 (g) $36,775,000.00 to the state trunk line fund for
17 subsequent deposit in the transportation economic development
18 fund, and, as of September 30, 1997, with first priority for
19 allocation to debt service on bonds issued to fund transportation
20 economic development fund projects. In addition, beginning
21 October 1, 1997, $3,500,000.00 is appropriated from the Michigan
22 transportation fund to the state trunk line fund for subsequent
23 deposit in the transportation economic development fund to be
24 used for economic development road projects in any of the
25 targeted industries described in section 9(1)(a) of 1987 PA 231,
26 MCL 247.909.
27 (h) Not less than $33,000,000.00 as may be annually
1 appropriated each fiscal year to the local program fund created
2 in section 11e.
3 (i) An amount equal to $6,500,000.00 each fiscal year to the
4 state trunk line fund for the operation, maintenance, and
5 rehabilitation of movable bridges in this state.
6 (j) (i) The
balance of the Michigan transportation fund as
7 follows, after deduction of the amounts appropriated in
8 subdivisions (a) through (h)
(i) and section 11b:
9 (i) 39.1% to the state trunk line fund for the purposes
10 described in section 11.
11 (ii) 39.1% to the county road commissions of the state.
12 (iii) 21.8% to the cities and villages of the state.
13 (2) The money appropriated pursuant to this section shall be
14 used for the purposes as provided in this act and any other
15 applicable act. Subject to the requirements of section 9b, the
16 department shall develop programs in conjunction with the
17 Michigan state chamber of commerce and the Michigan minority
18 business development council to assist small businesses,
19 including those located in enterprise zones and those located in
20 empowerment zones as determined under federal law, as defined by
21 law in becoming qualified to bid.
22 (3) Thirty-one and one-half percent of the funds appropriated
23 to this state from the federal government pursuant to 23
24 U.S.C. 157, commonly known as minimum guarantee funds, shall be
25 allocated to the transportation economic development fund, if
26 such an allocation is consistent with federal law. These funds
27 shall be distributed 16-1/2% for development projects for rural
1 counties as defined by law and 15% for capacity improvement or
2 advanced traffic management systems in urban counties as defined
3 by law. Federal funds allocated for distribution under this
4 section shall be eligible for obligation and use by all
5 recipients as defined by the transportation equity act for the
6 21st century, Public Law 105-178, 112 Stat. 107.