Bill Text: MI HB5169 | 2013-2014 | 97th Legislature | Chaptered


Bill Title: Transportation; authorities; definition of public transportation provider in regional transit authority act; amend to exclude street railways. Amends sec. 2 of 2012 PA 387 (MCL 124.542).

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2014-07-16 - Assigned Pa 247'14 With Immediate Effect [HB5169 Detail]

Download: Michigan-2013-HB5169-Chaptered.html

Act No. 247

Public Acts of 2014

Approved by the Governor

June 21, 2014

Filed with the Secretary of State

June 27, 2014

EFFECTIVE DATE: September 25, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Schmidt, Walsh, Driskell, Cavanagh, Rutledge, Zemke, Greimel, Schor and Townsend

ENROLLED HOUSE BILL No. 5169

AN ACT to amend 2012 PA 387, entitled “An act to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts,” 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 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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor