HOUSE BILL No. 5302

 

January 26, 2012, Introduced by Reps. Roy Schmidt and Lori 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 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,"

 

(MCL 247.651 to 247.675) by adding section 18j.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 18j. (1) Beginning September 30, 2014, each local road

 

agency shall annually certify to the department that it satisfies

 

all of the following conditions:

 

     (a) The local road agency is in compliance with the publicly

 

funded health insurance contribution act, 2011 PA 152, MCL 15.561

 

to 15.569.

 

     (b) The local road agency enrolls new employees in a defined

 

contribution plan. As used in this subdivision, "defined

 

contribution plan" means that term as defined in section 12b of the

 

public employee retirement system investment act, 1965 PA 314, MCL

 

38.1132b.

 

     (c) The local road agency has adopted and is acting under a

 

road safety plan designed to ensure uniform high safety standards

 

on all roads in this state that, at a minimum, requires the local

 

road agency to do all of the following:

 

     (i) Tabulate the location and causation of traffic accidents,

 


use the resulting information to prioritize investment, and provide

 

the resulting information to all law enforcement agencies within

 

the jurisdiction of the local road agency for use as a guide to

 

enforcement operations.

 

     (ii) Review the warrants and traffic control orders for all

 

traffic control devices erected on its roads at least every 7 years

 

and remove all unwarranted devices and all devices that are not in

 

compliance with the Michigan vehicle code, 1949 PA 300, MCL 257.1

 

to 257.923, or the uniform traffic code for cities, townships, and

 

villages promulgated by the Michigan state police.

 

     (iii) Review and adjust the timing of signal devices on its

 

roads to reflect traffic volumes and actual operating speeds at

 

least every 5 years and, where practicable, synchronize the

 

operation of signal devices for minimum delay to traffic.

 

     (iv) Conduct a multidisciplinary road safety audit of each

 

project over $1,000,000.00 and of each high-accident location.

 

     (v) Employ or contract for the services of a licensed traffic

 

engineer.

 

     (d) The local road agency is in compliance with the asset

 

management requirements of section 9a.

 

     (2) If a local road agency does not make the certification

 

required under subsection (1), the department shall withhold all

 

distributions from the Michigan transportation fund and the

 

commercial corridor fund under this act. A withholding under this

 

subsection shall continue for the period of noncompliance with

 

subsection (1) by the local road agency.

 

     (3) Each local road agency shall develop and implement a

 


dashboard to provide information to the citizens of this state. A

 

dashboard developed and implemented under this subsection shall

 

include, but is not limited to, information regarding the county

 

road agency's compliance with the conditions set forth in

 

subsection (1), any information compiled by the county road agency

 

as required by subsection (1), and whether distributions from the

 

Michigan transportation fund or the commercial corridor fund have

 

been withheld by the department under subsection (2).

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5303(request no.

 

04256'11) of the 96th Legislature is enacted into law.