ALLOW LOCAL GOVERNMENTS TO AUTHORIZE

GOLF CARTS ON STATE TRUNK LINE HIGHWAYS

House Bill 4945 Substitute (H-4) as reported from committee

Sponsor:  Rep. Aaron Miller

Committee:  Transportation and Infrastructure

Complete to 11-3-17

SUMMARY:

House Bill 4945 would amend the Michigan Vehicle Code to specify certain conditions that would allow local governments to authorize the operation of golf carts on state trunk line highways within their jurisdiction.

Local Government Request

The bill would allow a local government to request that the Department of Transportation (MDOT) authorize it to adopt an ordinance allowing golf cart operation on state trunk line highways, other than interstate highways, located within the local unit.  The request would have to demonstrate how it would meet specific requirements outlined under MDOT Authorization below.

MDOT would be required to solicit comments on the request from local governments where the state trunk line highway is located and consider comments on the request before making a decision.  MDOT would have to grant or deny the request within 60 days after receiving the request.  If the request were granted, the local government could adopt an ordinance authorizing the operation of golf carts on state trunk lines subject to the request.  In addition, a county could also submit a request for authorization on behalf of one or more local units located in that county.

MDOT Authorization

MDOT would be required to authorize operation of a golf cart on a state trunk line highway if: 1) the state trunk line highway is not an interstate highway, 2) the local government has already adopted an ordinance allowing golf carts to be used on its streets under Section 657a of the Michigan Vehicle Code, 3) the state trunk line highway serves as a connector between portions of the local government that connect only through the state trunk line highway, and 4) the state trunk line highway meets 1 or more of the following:

·         Provides access to tourist attractions, food service, fuel, motels, or other services.

·         Serves as a connecter between two segments of the same county road running along discontinuous town lines.

·         Includes a bridge or culvert allowing it to cross a river, stream, wetland, or gully that is not crossed by a street or county road on which golf carts are authorized to operate under the adopted ordinance.

MDOT could permanently or temporarily close a state trunk line highway to golf carts after written notice to the clerk of the local unit that requested authorization for the ordinance allowing golf carts. The notice must be in writing and be sent by first-class United States mail or personally delivered no less than 30 days before adoption of the rule closing the state trunk line highway. The notice must include specific reasons for the closure.  MDOT would not be required to develop a plan for an alternate route for a state trunk line highway that has been temporarily closed to the operation of golf carts.

Other Provisions

House Bill 4945 would require a person operating a golf cart on a state trunk line highway to “ride as near to the right side of the roadway as possible.”

The bill would take effect 90 days after it is enacted.

FISCAL IMPACT:

In requiring MDOT to consider local government requests regarding the use of golf carts on state trunk line highways, House Bill 4945 would create additional program responsibilities for the department and additional administrative costs.  Those additional costs would depend on the number of requests to MDOT from local units of government and cannot be readily estimated at this time.  The bill would have no fiscal impact on local governments.

POSITIONS:

The Constantine Village Manager testified in support of the bill. (10-24-17)

Michigan Department of Transportation has no position on the bill. (10-31-17)

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   William Hamilton

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.