Bill Text: MI HB4940 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Transportation; other; public-private partnerships; allow the state transportation department to enter into. Amends title & secs. 1, 6a, 7, 7a & 10 of 1964 PA 286 (MCL 247.801 et seq.) & adds secs. 7b, 7c, 7d, 7e, 7f, 7g, 7h & 7i.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-10-07 - Printed Bill Filed 10/07/2015 [HB4940 Detail]
Download: Michigan-2015-HB4940-Introduced.html
HOUSE BILL No. 4940
October 6, 2015, Introduced by Rep. Lane and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1964 PA 286, entitled
"An act to provide for the organization, powers, and duties of the
state transportation commission and the state transportation
department; to provide for the appointment, powers, and duties of
the state transportation director; to abolish the office of state
highway commissioner and the commissioner's advisory board and to
transfer their powers and duties; to provide for penalties and
remedies; and to repeal certain acts and parts of acts,"
by amending the title and sections 1, 6a, 7, 7a, and 10 (MCL
247.801, 247.806a, 247.807, 247.807a, and 247.810), the title as
amended by 1984 PA 398 and section 7a as amended by 1981 PA 122,
and by adding sections 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 7i.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the organization, powers, and duties of
the state transportation commission and the state transportation
department; to provide for the appointment, powers, and duties of
the state transportation director; to abolish the office of state
highway commissioner and the commissioner's advisory board and to
transfer their powers and duties; to provide for public
transportation facilities; to provide for the creation of certain
authorities; to authorize public-private agreements relating to
researching, planning, studying, designing, developing, financing,
acquiring, constructing, charging user fees, operating, or
maintaining a public transportation facility; to provide for other
arrangements for the creation and operation of public
transportation facilities that may be financed by user fees,
charges, and other revenue; to provide for the sale of bonds; to
provide for certain powers of certain state departments; to provide
for
penalties and remedies; and to repeal certain acts and parts of
acts.
Sec. 1. As used in this act:
(a) (1)
"Commission" means the
state transportation
commission.
(b) "Concessionaire" means a private entity that has entered
into a public-private agreement under section 7b.
(c) (2)
"Director" means the
director of transportation.the
department.
(d) (3)
"Department" means the state transportation
department. of
transportation.
(e) "Instrumentality of government" means a public entity in
the United States created or empowered to carry out functions
commonly carried out by units of government, public agencies, or
public authorities. Instrumentality of government includes a public
agency or public authority created by the government of another
state of the United States.
(f) "Private entity" means any natural person, corporation,
general partnership, limited liability company, limited
partnership, joint venture, business trust, public benefit
corporation, nonprofit entity, or other nongovernmental business
entity.
(g) "Public-private agreement" means an agreement between a
private entity and the department or between a private entity, the
department, and 1 or more other instrumentalities of government
that relates to researching, planning, studying, designing,
developing, financing, acquiring, constructing, charging user fees,
operating, or maintaining a public transportation facility, or any
combination of those activities. Public-private agreement includes
an agreement between the department and 1 or more instrumentalities
of government if the agreement is related to a project that has or
will have an agreement between the department or an instrumentality
of government and a private entity.
(h) "Public transportation facility" means any new or existing
domestic highway, lane, road, bridge, tunnel, overpass, ramp,
interchange, ferry, airport, vehicle parking facility, vehicle
transportation facility, port facility, locks facility, rail
facility, intermodal or other public transit facility, or any other
equipment, rolling stock, site, or facility used in the
transportation of persons, goods, substances, vehicles,
information, or matter of any kind, and any building, structure,
parking area, appurtenance, or other property necessary or
desirable for the facility.
Sec. 6a. The director may do the following:
(a) Organize the department and its work, supervise the work
of the employees and agents of the department, create, merge, and
abolish organizational divisions within the department, and
transfer or merge functions among those divisions in the interest
of economy and efficiency.
(b) Employ personnel necessary to carry out the duties of the
director and the responsibilities of the department subject to
contractual obligations and laws governing state employment.
(c)
Delegate to any employee of the department , subject to
the
approval of the commission, any
powers vested in the director
or delegated to the director by the commission except the power to
enter into a public-private agreement under section 7b.
(d) Establish a program of current and long-range planning for
the transportation systems under the department's jurisdiction and
public transportation facilities of the department.
(e) Direct the preparation of budget requests, expenditures,
programs and periodical allotments.
(f)
Purchase materials, supplies, and equipment. as necessary
and
proper to carry out the duties of the department as provided by
law
governing state purchasing.
(g) Purchase services in accordance with applicable civil
service rules.
(h) Acquire interests in real and personal property, including
by condemnation.
(i) (g)
Dispose of obsolete equipment,
surplus supplies and
material that cannot be used by the department as provided by law
governing the disposal.
(j) (h)
Do anything necessary and proper to
comply fully with
the provisions of present or future federal aid acts.
(k) Enter into public-private agreements under section 7b
subject to the approval of the legislature.
(l) (i)
Do anything necessary and proper to
carry out the
duties imposed upon the department by the constitution and other
duties as may be imposed by law.
Sec.
7. (1) The commission's powers and duties shall include:
(a)
The awarding approval for
award by the department of all
contracts for the construction, improvement, and maintenance of the
highways
and public transportation facilities under its
jurisdiction
of the department, as provided by law resolution of
the commission.
(b) The establishment of transportation policies for the
guidance and direction of the director.
(2) The commission may do the following:
(a) Delegate to any member of the commission, the director, or
any subordinate, any powers, other than the power to establish
policy, vested in the commission as it considers necessary and
proper. ;
and permit the director to delegate any powers delegated
to
him or her by the commission.
(b)
Acquire, Authorize the
department to acquire, own, and
hold
interests in real and personal property in the name of the
this
state or the commission department and to sell, lease or
otherwise dispose of, or encumber, any interests in the same in
connection with, and in furtherance of, its duties and the purposes
of this act, subject to resolutions of the commission.
(c) Do anything necessary and proper to carry out the duties
imposed upon it by the constitution and such other duties as may be
imposed by law.
(3) The commission shall conduct a public hearing at least
once every 5 years to receive public comment and input with regard
to then existing public transportation facilities operated under a
public-private agreement.
Sec. 7a. (1) As used in this section:
(a) "Completion" means the date when the construction,
improvement, or maintenance of a bridge, highway, or other
transportation facility is accepted in accordance with the contract
documents, so that the bridge, highway, or other transportation
facility may be used for its intended purpose.
(b) "Construction contract" means an agreement between a
contractor and the department for the construction, improvement, or
maintenance of a bridge, highway, or other transportation facility.
Construction contract does not include a public-private agreement.
(c)
"Contractor" "Construction
contractor" means an
individual;
sole proprietorship; partnership; corporation; joint
venture;
or other legal a person or entity, other than the this
state,
or an agency or department of the this state, who is a party
to a construction contract.
(d)
"Project" means the specific section of the highway
construction
to be performed under the construction contract.
(2) A construction contract may provide for partial payments
to be made periodically to a construction contractor. The
department may establish specifications regarding the retention of
a portion of the total amount earned under the construction
contract.
(3) At the request of the construction contractor and upon the
approval of the department, the portion retained pursuant to the
specifications established under subsection (2) shall be placed in
an escrow account pursuant to this section.
(4) An escrow agent may be selected by the construction
contractor. For purposes of this section, an escrow agent shall be
a state or national bank, a state or federally chartered savings
and loan association, or a state or federally chartered credit
union whose principal place of business is located in this state.
(5) An escrow agreement shall be entered into between the
contracting parties and the escrow agent. The escrow agreement
shall contain all of the following terms:
(a) That the escrow agent shall promptly invest all of the
escrowed funds.
(b) That the escrow agent shall hold the escrowed funds until
receipt of notice from the department. Upon receipt of a notice of
release from the department, the escrow agent shall promptly remit
the designated portion of escrowed funds to the construction
contractor involved in the contract. Upon receipt of a notice of
overpayment or default of the contract, the escrow agent shall
promptly remit the designated portion of escrowed funds to the
department.
(c) That the escrow agent is responsible for all investments
and money as a result of the deposit of the amount until released
from responsibility pursuant to the escrow agreement.
(d) That the construction contractor shall pay all expenses
regarding the deposit, investment, and administration of the
retained amount and all other charges made by the escrow agent.
(e) Any other provision agreed to by the contracting parties
and the escrow agent necessary or proper for purposes of this
section.
Sec. 7b. (1) Subject to the approval of the legislature, the
department may enter into public-private agreements as provided in
this act. Public-private agreements shall include terms designed to
protect the public interest and ensure accountability of a
concessionaire to the department or a public entity created under
Michigan law for a public transportation facility in this state,
whichever is applicable. A public-private agreement may contain
terms and conditions that the department may determine or negotiate
to facilitate the researching, planning, studying, designing,
developing, financing, acquiring, constructing, charging user fees,
governing, operating, or maintaining of a public transportation
facility in the public interest. A public transportation facility
shall be publicly owned and shall be dedicated to the public use as
a public transportation facility as provided in this act.
(2) A public-private agreement shall provide for the terms of
the use and operation of a public transportation facility by a
concessionaire for a period the department determines is necessary
for the development and financing of a public transportation
facility and the economic feasibility of the public-private
agreement. The public-private agreement may include a lease,
license, right of entry, or other instrument for the public
transportation facility as the department determines is in the best
interest of the public. The agreement may provide for an initial
operating term not exceeding 50 years from the later of completion
of construction or commencement of collecting user fees, if user
fees are collected, unless a longer term is required for the
economic feasibility of the public-private agreement as determined
by the department and approved by the legislature. The agreement
shall provide that the ownership of a public transportation
facility within this state shall be vested in the department or a
public entity created under Michigan law, and that title to the
public transportation facility shall not be encumbered. No
provision of a public-private agreement shall allow the public to
be deprived of the use and benefit of a public transportation
facility except as necessary to implement user fees or ancillary
charges authorized by this section, to regulate the level or
character of permissible uses of the public transportation
facility, to address issues of public safety or security, or to
maintain, repair, or improve the public transportation facility. A
public-private agreement shall provide for the termination of the
agreement. Nothing in a public-private agreement shall prohibit the
department from constructing, operating, and maintaining any
transportation project that is in the department's long-range plan
in effect on the date that proposals are submitted, or prohibit any
municipality, county, or other local agency from constructing,
operating, and maintaining any transportation project.
(3) A public-private agreement may provide for the charging
and collection of user fees and ancillary charges for the use of a
public transportation facility. Except as otherwise provided in
this subsection, once user fees are initially established, user
fees and ancillary charges shall not be increased by more than the
cumulative annual increases in the consumer price index, as
published by the United States bureau of labor statistics in the
United States department of labor, and designated in the public-
private agreement without written approval of the department. User
fees and ancillary charges that are intended by the department to
apply to lanes managed by the level of user fees to control or
manage traffic volume or flow may be increased by more than the
consumer price index, as published by the United States bureau of
labor statistics, and specified in the public-private agreement. If
a user fails to pay the user fee by prior arrangement, and separate
billing is required for payment, a reasonable administrative fee
may be charged. A user fee may be imposed on a highway only if
imposed for the use of highways constructed after the effective
date of the amendatory act that added this section, or the use of
highways with expanded capacity beyond the highway capacity in
place on the effective date of the amendatory act that added this
section. User fees and ancillary charges imposed for the use of a
public transportation facility in this state are not subject to
regulation by any other governmental agency. Nothing in this
section allows the conversion of any lanes existing on the
effective date of the amendatory act that added this section into
tolled or user-fee lanes except that the department may determine
which lane of an existing highway is designated for imposition of
user fees if the capacity of that highway is expanded.
(4) Compensation paid to the department in connection with a
public-private agreement including the department's portion of user
fees and ancillary charges imposed for use of a public
transportation facility shall be used for transportation purposes.
(5) In accordance with the terms of a public-private
agreement, the department or an instrumentality of government shall
oversee the activities of a concessionaire carrying out the terms
of a public-private agreement. A public-private agreement may
provide for the use of arbitration, mediation, or other alternative
dispute resolution mechanism for the resolution of disputes between
the department and a concessionaire.
(6) This state, including, but not limited to, the department,
is not liable for the acts or omissions of the concessionaire or
other party to a public-private agreement.
(7) A public-private agreement may permit the conduct of
commercial activities at a public transportation facility if the
activities are related to the transportation purposes of the
facility, to the extent not restricted by applicable law.
(8) Except as otherwise provided in this act, a public-private
agreement for a public transportation facility shall impose on the
concessionaire the same requirements of law that are imposed in
contracts of the department when it contracts directly for the
construction or operation of a public transportation facility. A
public-private agreement shall establish the amounts for which the
concessionaire shall post payment and performance bonds or other
security as provided in this subsection. A public-private agreement
may authorize a concessionaire for a public transportation facility
to provide a letter of credit in lieu of a payment or performance
bond. If the department determines that bonds or letters of credit
are not reasonably available in sufficient amounts, the department
may accept another commercially reasonable form of security,
including parent corporation guarantees, to supplement available
payment bonds, performance bonds, or letters of credit. The
department shall require the posting of sufficient security to
fulfill the purposes of a payment and performance bond. In lieu of
posting by the concessionaire, or in supplementation of that
posting, the department may accept bonds, letters of credit, and
other security from entities other than the concessionaire so long
as the purposes of a payment and performance bond are fulfilled.
(9) The department may make and enter into all contracts and
agreements and take any other action necessary or incidental to the
performance of its duties and the execution of its powers under
this act and a public-private agreement.
(10) For a public-private agreement that includes an
operations phase, the public-private agreement shall require that
the public transportation facility revert from the concessionaire
to the department at the end of the term of the public-private
agreement in a condition specified by the department.
(11) The public-private agreement shall include provisions
that address the department's rights to share in refinancing gains
received by the concessionaire under the public-private agreement.
(12) The public-private agreement shall include provisions
that specify the restrictions imposed on the ability of the
concessionaire to sell or transfer its interest in the public-
private agreement without the consent of the department.
(13) A public-private agreement shall not delegate the power
to condemn property to the concessionaire. A right of way acquired
through condemnation that is used for a public transportation
facility shall be and remain publicly owned during the term of a
public-private agreement.
Sec. 7c. Upon approval by the commission by resolution, the
department may create public transportation authorities as separate
legal entities within the department that may exercise the powers
of the department in regard to public-private agreements under this
act, to the extent authorized by an agreement between the
department and the public transportation authority. A public
transportation authority is an instrumentality of this state that
may sue and be sued and enter into contracts, including public-
private agreements, to the extent authorized by an agreement with
the department. The department is not liable for the acts or
omissions of a public transportation authority, except to the
extent expressly authorized in an agreement between a public
transportation authority and the department. Employees of a public
transportation authority are employees of this state, and the
authority shall comply with the rules and regulations of the civil
service commission. A public transportation authority is an agency
of this state entitled to governmental immunity under 1964 PA 170,
MCL 691.1401 to 691.1419. The department and a public
transportation authority shall comply with all applicable state and
federal laws and regulations, including, but not limited to,
applicable environmental laws and regulations.
Sec. 7d. (1) The department may solicit proposals or receive
unsolicited proposals for a public-private agreement and may charge
and use fees to offset the administrative costs of receiving and
evaluating proposals. Before receiving a proposal, the department
may agree to reimburse a private entity for designated costs
incurred in the preparation and presentation of a proposal in
return for the right to use any work product contained in the
proposal, including, but not limited to, the technologies, methods,
processes, and information contained in the material submitted in
connection with the proposal. The department has the sole
discretion whether, and to what extent, to consider an unsolicited
proposal. Before entering into any public-private agreement for a
public transportation facility proposed by an unsolicited proposal,
the department may amend the proposal and shall solicit competing
proposals and enter into any public-private agreement using the
factors listed in subsection (5).
(2) In soliciting or selecting a private entity with which to
enter into a public-private agreement, the department shall utilize
1 or more of the following procurement approaches:
(a) Sealed bidding.
(b) Selection of proposals, with or without negotiations,
based on qualifications, development proposals, technical
proposals, financial proposals, best value, or any combination of
them.
(c) Any competitive selection process that the department
determines to be appropriate or reasonable.
(3) The department shall select a private entity or entities
for participation in a public-private agreement using a competitive
selection process to the extent practicable.
(4) Before selecting a project, the department shall consider
all of the following factors:
(a) The ability of the public transportation facility to
improve safety or operations, reduce congestion, reduce travel
times, increase capacity, enhance environmental quality, promote
economic development, or any combination of these or similar
factors.
(b) Benefits to the public.
(c) Ability to increase federal or other nonstate revenue to
this state.
(5) The department shall consider all of the following factors
in evaluating and selecting a bid or proposal to enter into a
public-private agreement:
(a) The proposed cost of and financial plan for the public
transportation facility.
(b) The general reputation, qualifications, industry
experience, safety record, labor record, and financial capacity of
the private entity.
(c) The proposed design, operation, and feasibility of the
public transportation facility.
(d) To the extent permitted by federal law, the proposed plan
of the private entity to hire individuals authorized to work in the
United States for work relating to the public transportation
facility in this state.
(e) Any other criteria, including prequalification under rules
promulgated by the department or through compliance with 1933 PA
170, MCL 123.501 to 123.508, that the department considers
necessary or appropriate in the best interests of this state or the
people of this state.
(6) The department may select multiple private entities with
which to enter into public-private agreements for a public
transportation facility if it is determined by the department to be
in the public interest to do so.
(7) The department may promise to keep trade secrets or
proprietary commercial or financial information provided by a
private entity confidential only for purposes of seeking or
entering into a public private agreement. Upon receipt of a
sufficiently detailed request by a private entity, the department
shall provide a description of the information to which its promise
of confidentiality will extend. Material included in the
department's description is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Submission of a solicited or unsolicited proposal constitutes
consent for the department to use the information and ideas
provided by a private entity for a public transportation facility
or for purposes of seeking or entering into a public-private
agreement, including to solicit competing proposals unless the
department agrees otherwise in a writing executed by the department
before the submission.
(8) No action shall lie against the department or another
person acting in accordance with a public-private agreement for the
use of ideas and information provided by a private entity for
purposes of seeking or entering into a public-private agreement.
(9) The department shall perform a cost-benefit analysis
including a risk transfer or allocation assessment to determine
whether a proposed public-private agreement is the most
economically beneficial way for this state to perform the proposed
project. The department shall choose an appropriate methodology to
utilize in the cost-benefit analysis and shall state the
assumptions used in the cost-benefit analysis. The cost-benefit
analysis shall include all necessary monitoring and oversight of
any private entity by a public entity. The department shall publish
the results of the analysis on its website. The legislature shall
not approve a public-private agreement under section 7b(1) unless
it determines that the public-private agreement is the most
economically beneficial way for this state to perform the project,
including consideration of whether the agreement reduces risk to
this state, including financial risks, compared to other options
and financing arrangements.
Sec. 7e. (1) Whether used by the department, another
instrumentality of government, or a private entity under a public-
private agreement, a public transportation facility, including, but
not limited to, real property and tangible personal property used
exclusively with a public transportation facility, that is owned by
the department or another instrumentality of government is exempt
from all ad valorem property taxes and all assessments levied
against property by this state or any political subdivision of this
state to the same extent that the property owned by the department
or instrumentality of government would otherwise be exempt from ad
valorem property taxes and assessments.
(2) No person shall by reason of the use of motor fuel within
the limits of a public transportation facility authorized by a
public-private agreement be exempt from or eligible for a refund of
a motor fuel tax imposed by this state or a political subdivision
of this state.
(3) Subject to approval from the commission and compliance
with applicable federal laws, the department has exclusive
authority to determine whether and where to establish a public
transportation facility authorized by a public-private agreement
and the scope and nature of the facility.
(4) Revenue attributable to a public transportation facility
authorized by a public-private agreement that is payable to the
department shall be deposited in the state trunk line fund
established in section 11 of 1951 PA 51, MCL 247.661, the
comprehensive transportation fund established in section 10b of
1951 PA 51, MCL 247.660b, or the state aeronautics fund established
in section 34 of the aeronautics code of the state of Michigan,
1945 PA 327, MCL 259.34, as indicated by the nature of the public
transportation facility and provided in the public-private
agreement.
Sec. 7f. (1) The department may issue and sell bonds or notes
for the purpose of providing funds to carry out the provisions of
this act with respect to the development, acquisition,
construction, financing, maintenance, or operation of a public
transportation facility provided for by a public-private agreement
or the refunding of any bonds or notes, together with any costs
associated with the transaction.
(2) Any bond or note issued under subsection (1) does not
constitute a pledge of the faith and credit or indebtedness of this
state or any political subdivision of this state within the meaning
or application of any constitutional provision or limitation. A
bond or note issued under subsection (1) is payable as to both
principal and interest solely from revenues generated from use of
the public transportation facility authorized by the public-private
agreement, the proceeds of bonds or notes sold to finance the
refunding of the outstanding bonds or notes, if any, or investment
earnings on the proceeds of the bonds or notes.
(3) The department may retain services and enter into any
contracts that are necessary or useful for the issuance and sale of
bonds, notes, or other financial instruments under this section.
(4) For the purpose of financing a public transportation
facility, this state, the department, the concessionaire, or, to
the extent permitted by law, an instrumentality of government may
apply for, obtain, issue, and use private activity bonds or other
financial instruments available under any state or federal law or
program. An instrumentality of government may act as a conduit
issuer and transfer the proceeds of private activity bonds or
similar financial instruments to a concessionaire if authorized by
a public-private agreement. The bonds or instruments shall not
pledge the full faith and credit of this state or any political
subdivision of this state and shall not be a debt of this state or
any political subdivision of this state.
(5) This section does not limit an instrumentality of
government's authority to issue bonds or other financial
instruments for transportation projects under other laws. A public
transportation facility may be financed with funds provided or
raised under other laws, including, but not limited to, laws
authorizing the sale of bonds.
Sec. 7g. (1) The department may apply for and accept from the
United States or any of its agencies, including, but not limited
to, a federal infrastructure bank, funds that are available to the
department for carrying out a public-private agreement, whether the
funds are made available by grant, loan, line of credit, loan
guarantee, or other financial assistance.
(2) The department may assent to any federal requirements,
conditions, or terms of any federal funding accepted under this
section other than a pledge of the full faith and credit of this
state or any political subdivision of this state or another
requirement, condition, or term prohibited by the state
constitution of 1963.
(3) The department may enter into agreements or other
arrangements with the United States or any of its agencies as
necessary for implementing a public-private agreement.
(4) The department may accept from any source, and use for
supporting a public transportation facility authorized by a public-
private agreement, any grant, donation, gift, or other form of
conveyance of land, money, other real or personal property, or
other item of value. A public transportation facility authorized by
a public-private agreement may be financed in whole or in part by
contribution of any funds or property made by any person or entity.
(5) The department may combine federal, state, local, and
private funds to finance a public transportation facility
authorized by a public-private agreement.
Sec. 7h. (1) All law enforcement officers of this state and
local units of government in which all or part of a public
transportation facility authorized by a public-private agreement is
located shall have the same powers and jurisdiction within the
limits of the public transportation facility as they have in their
respective areas of jurisdiction to enforce traffic and motor
vehicle laws. Authorized emergency vehicles and occupants of
authorized emergency vehicles shall be afforded access to a public
transportation facility while in the performance of an official
duty without the payment of a user fee or other charge. As used in
this subsection, "authorized emergency vehicle" means that term as
defined in section 2 of the Michigan vehicle code, 1949 PA 300, MCL
257.2.
(2) Punishment for violations of traffic and motor vehicle
laws within the limits of a public transportation facility
authorized by a public-private agreement shall be as generally
prescribed by law.
(3) The public-private agreement shall include provisions
relating to the permitted retention and use by the concessionaire
of collected data and customer information and shall prohibit the
sale or use of that data and information for commercial purposes
unrelated to the use of the public transportation facility.
Measures and devices to record users of public transportation
facilities may be utilized to facilitate the collection of user
fees. A recording of the use of a public transportation facility
shall not be used or disclosed except under 1 or more of the
following circumstances:
(a) In enforcement and collection proceedings under this act
to establish the use and failure to pay the user fee imposed for
use of that public transportation facility.
(b) Use by a police officer while lawfully enforcing his or
her duties as a police officer.
(c) Use to create statistical reports on use of a public
transportation facility that do not disclose the identity of
specific users of the facility.
(4) A person who fails to pay a user fee imposed for use of a
public transportation facility is responsible for a civil
infraction and shall pay $50.00 as a civil fine. In addition, the
person shall pay the operator of the public transportation facility
2 times the amount of the user fee. If that sum remains unpaid to
the operator of the public transportation facility for 180 days
after the person's use of the public transportation facility, the
department, an authority, an instrumentality of government, or a
private entity authorized to do so by the department, may bring a
civil action against the person to collect the unpaid charges in a
court having jurisdiction. If the civil action results in a
judgment for unpaid charges, the defendant shall also be required
to reimburse the plaintiff for all filing fees incurred by the
plaintiff plus $500.00 in compensation for the costs of bringing
the civil action.
(5) During the period that a person owes and has failed to pay
charges, fees, and costs under subsection (3) or (4), the person
and a motor vehicle used by the person may be barred from using the
public transportation facility.
(6) Except as provided in section 675b of the Michigan vehicle
code, 1949 PA 300, MCL 257.675b, involving leased vehicles, proof
that a particular vehicle used a public transportation facility
without payment of the applicable user fee, together with proof
from the department of state of the name of the vehicle's
registered owner, creates a presumption that the vehicle's
registered owner was the person who used the public transportation
facility, who failed to pay the user fee, and who is prima facie
responsible for the unpaid charges. If the conditions of section
675b of the Michigan vehicle code, 1949 PA 300, MCL 257.675b, are
satisfied, the lessee or renter of a motor vehicle and not the
leased vehicle owner is the person liable under this section, for
which purposes the entity that gives notice of unpaid charges to
the vehicle's registered owner shall be given the notice that would
otherwise be given to the clerk of the court or parking violations
bureau under section 675b of the Michigan vehicle code, 1949 PA
300, MCL 257.675b.
(7) The owner of a vehicle alleged to have used a public
transportation facility without paying an applicable user fee may
assert as an affirmative defense that the vehicle in question, at
the time of the use of the public transportation facility, was in
the possession of a person whom the owner had not knowingly
permitted to operate the vehicle.
Sec. 7i. Notwithstanding any other provision of this act, if
federal funds are used for a public transportation facility, the
applicable federal law or rules control if they conflict with this
act.
Sec. 10. Documents and instruments of any kind authorized to
be issued or executed by the commission shall be issued or executed
in
the name of the "Michigan state highway transportation
commission"
by the chairman chairperson
of the commission, or to
the extent expressly authorized by bylaw or resolution, by the vice
chairman
chairperson, other member, the director, or other
subordinate.
Documents or instruments which that
convey interests
or
rights in land shall be executed by the chairman or vice
chairman
and the director or a deputy
director an employee of the
department
designated by the commission.director.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.