HOUSE BILL No. 6487


     November 7, 2002, Introduced by Rep. Gilbert and referred to the Committee on Transportation.


        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 sections 2, 6a, 7, and 9 (MCL 247.802, 247.806a,

   247.807, and 247.809), section 9 as amended by 1984 PA 398; and

   to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2.  The office of state highway commissioner is abol-

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        ished and the powers and duties of that office are transferred to

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        and vested in the  commission  DEPARTMENT.  Any law referring to

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        the state highway COMMISSION, THE STATE HIGHWAY commissioner, or

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        THE office of state highway commissioner shall be considered to

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        refer to the department.


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             Sec. 6a.  The director may do the following:

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             (a) Organize the department and its work, supervise the work

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        of the employees of the department, create, merge, and abolish

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        organizational divisions within the department, and transfer or

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        merge functions among those divisions in the interest of economy

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        and efficiency.

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             (b) Employ personnel necessary to carry out the duties of

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        the director and the responsibilities of the department subject

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        to laws governing state employment.

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             (c) Delegate to any employee of the department, subject to

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        the approval of the commission, any powers vested in the director

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        or delegated to the director by the commission.

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             (d) Establish a program of current and long-range planning

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        for the transportation systems under the department's

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        jurisdiction.

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             (e) Direct the preparation of budget requests, expenditures,

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        programs and periodical allotments.

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             (f) Purchase materials, supplies and equipment as necessary

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        and proper to carry out the duties of the department as provided

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        by law governing state purchasing.

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             (g) Dispose of obsolete equipment, surplus supplies and

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        material that cannot be used by the department as provided by law

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        governing the disposal.

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             (H) AWARD ALL CONTRACTS THAT ARE FOR THE CONSTRUCTION,

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        IMPROVEMENT, AND MAINTENANCE OF THE HIGHWAYS AND TRANSPORTATION

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        FACILITIES UNDER THE JURISDICTION OF THE DEPARTMENT AND AWARD ALL

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        CONTRACTS THAT ARE INCIDENTAL TO THE CONSTRUCTION, IMPROVEMENT,



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        AND MAINTENANCE OF THE HIGHWAYS AND TRANSPORTATION FACILITIES

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        UNDER THE JURISDICTION OF THE DEPARTMENT.

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             (I) ACQUIRE, OWN, AND HOLD REAL AND PERSONAL PROPERTY IN THE

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        NAME OF THE STATE OR THE DEPARTMENT AND SELL, LEASE, ENCUMBER, OR

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        OTHERWISE DISPOSE OF THAT PROPERTY.

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             (J)  (h)  Do anything necessary and proper to comply fully

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        with the provisions of present or future federal aid acts.

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             (K)  (i)  Do anything necessary and proper to carry out the

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        duties imposed upon the department by the constitution and other

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        duties as may be imposed by law.

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             Sec. 7.  (1) The  commission's powers and duties shall

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        include:

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             (a) The awarding of all contracts for the construction,

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        improvement, and maintenance of the highways and transportation

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        facilities under its jurisdiction, as provided by law.

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             (b) The establishment of transportation policies for the

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        guidance and direction of the director.  COMMISSION SHALL ESTAB-

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        LISH POLICY BY RESOLUTION OR RULE FOR THE GUIDANCE AND DIRECTION

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        OF THE DIRECTOR.

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             (2) The commission may do the following:

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             (a) Delegate to any member of the commission, the director,

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        or any subordinate, any powers, other than the power to establish

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        policy, vested in the commission as it considers necessary and

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        proper; and permit the director to delegate any powers delegated

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        to him or her by the commission.

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              (b) Acquire, own, and hold real and personal property in

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        the name of the state or the commission and sell, lease or



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        otherwise dispose of, or encumber, the same in connection with,

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        and in furtherance of, its duties and the purposes of this act.

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             (B)  (c)  Do anything necessary and proper to carry out the

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        duties imposed upon it by the constitution and such other duties

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        as may be imposed by law.

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             Sec. 9.  (1) Except as provided in SECTION 7(1) AND subsec-

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        tion (2), the commission shall by an affirmative vote of 4 mem-

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        bers promulgate rules to implement its powers and duties under

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        this act, pursuant to the administrative procedures act of 1969,

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         Act No. 306 of the Public Acts of 1969, as amended, being sec-

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        tions 24.201 to 24.315 of the Michigan Compiled Laws  1969 PA

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        306, MCL 24.201 TO 24.328.

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             (2) The department, subject to the policies of the  state

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        transportation  commission, shall promulgate rules to implement

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        its powers and duties under this act permitting and regulating

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        the operation, maintenance, and use of rest areas, travel infor-

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        mation centers, roadside parks, and other state owned motorist

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        service areas along state trunk line highways pursuant to  Act

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        No. 306 of the Public Acts of 1969, as amended  THE ADMINISTRA-

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        TIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328.

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        The rules promulgated under this subsection may apply to all

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        state owned motorist service areas or only to specific state

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        owned motorist service areas.

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             (3) The department shall not promulgate a rule under subsec-

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        tion (2)  which rule  THAT applies only to a specific state owned

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        motorist service area until the department gives notification to

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        the county board of commissioners of the county or counties in



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        which the specific state owned motorist service area to be

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        covered by the rule is located and allows 30 days for that county

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        or counties to respond.

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             (4) A person who violates any of the rules promulgated under

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        this act shall be guilty of a misdemeanor IF THE RULE PROHIBITS

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        SPECIFIED CONDUCT AND ADVISES THAT VIOLATION OF THE PROHIBITION

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        IS A MISDEMEANOR.

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             Enacting section 1.  Sections 5a, 6, and 10 of 1964 PA 286,

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        MCL 247.805a, 247.806, and 247.810, are repealed.






































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