HB-5169, As Passed Senate, June 11, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5169

 

December 4, 2013, Introduced by Reps. Schmidt, Walsh, Driskell, Cavanagh, Rutledge, Zemke, Greimel, Schor and Townsend and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 2012 PA 387, entitled

 

"Regional transit authority act,"

 

by amending section 2 (MCL 124.542).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Authority" means a regional transit authority created

 

under this act.

 

     (b) "Board" means the governing body of an authority.

 

     (c) "City" means a city incorporated under the home rule city

 

act, 1909 PA 279, MCL 117.1 to 117.38.

 

     (d) "Cost plus construction contract" means a contract under

 

which the contractor is paid a negotiated amount, regardless of the


 

expenses incurred by the contractor.

 

     (e) "County executive" means the county executive of a county

 

or, if the county does not have an elected county executive, the

 

chair of the county board of commissioners.

 

     (f) "Department" means the state transportation department.

 

     (g) "Fiscal year" means the time period between October 1 of a

 

calendar year through September 30 of the following calendar year.

 

     (h) "Governor's representative" means a resident of a public

 

transit region who is appointed to the board by the governor under

 

section 5(1)(a).

 

     (i) "Local road agency" means that term as defined in section

 

9a of 1951 PA 51, MCL 247.659a.

 

     (j) "Member jurisdiction" means a city or county that appoints

 

a member of a board under section 5.

 

     (k) "Public transportation" means the movement of individuals

 

and goods by publicly owned bus, rapid transit vehicle, or other

 

conveyance that provides general or special service to the public,

 

but not including school buses or charter or sightseeing service or

 

transportation that is used exclusively for school purposes. Public

 

transportation includes the movement of individuals and goods by

 

privately owned bus, railroad car, street railway vehicle, rapid

 

transit vehicle, or other conveyance that, under a contract with an

 

authority, provides general or special service to the public, but

 

not including school buses or charter or sightseeing service or

 

transportation that is used exclusively for school purposes. Public

 

transportation is a transportation purpose within the meaning of

 

section 9 of article IX of the state constitution of 1963.


 

     (l) "Public transportation facility" means all plants,

 

equipment, work instrumentalities, and real and personal property

 

and rights used or useful for public transportation.

 

     (m) "Public transportation provider" means a public or private

 

entity that provides public transportation services and includes a

 

contractor providing services to a public transportation provider.

 

Public transportation provider includes an authority or agency

 

existing on or created after the effective date of this act. Public

 

transportation provider does not include a street railway organized

 

under the nonprofit street railway act, 1867 PA 35, MCL 472.1 to

 

472.27. Public transportation provider includes an authority formed

 

under any of the following:

 

     (i) 1963 PA 55, MCL 124.351 to 124.359.

 

     (ii) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7,

 

MCL 124.501 to 124.512.

 

     (iii) 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.

 

     (iv) 1951 PA 35, MCL 124.1 to 124.13.

 

     (v) The public transportation authority act, 1986 PA 196, MCL

 

124.451 to 124.479.

 

     (vi) The revenue bond act of 1933, 1933 PA 94, MCL 141.101 to

 

141.140.

 

     (n) "Public transit region" means an area of this state

 

consisting of a qualified region. Public transit region also

 

includes a county added to a public transit region by an authority

 

under section 4.

 

     (o) "Public transportation system" means a system for

 

providing public transportation in the form of light rail, rolling


House Bill No. 5169 as amended June 4, 2014

 

rapid transit, or other modes of public transportation and public

 

transportation facilities to individuals.

 

     (p) "Qualified county" means a county in this state with the

 

largest population according to the most recent decennial census.

 

     (q) "Qualified region" means a geographic area of this state

 

that includes a qualified county and the 3 counties with the

 

largest populations according to the most recent decennial census

 

that are contiguous to the qualified county.

 

     (r) "Rolling rapid transit system" means bus services that may

 

combine the technology of intelligent transportation systems,

 

traffic signal priority, cleaner and quieter vehicles, rapid and

 

convenient fare collection, and integration with land use policy.

 

Rolling rapid transit may include, but is not limited to, all of

 

the following:

 

     (i) Exclusive rights-of-way.

 

     (ii) Rapid boarding and alighting.

 

     (iii) Integration with other modes of transportation.

[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]