HB-6542, As Passed Senate, December 11, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6542

     A bill to amend 1867 PA 35, entitled

"An act to provide for the formation of street railway companies,

defining their powers and duties and authorizing the construction,

use, maintenance and ownership of street railways for the

transportation of passengers, and for accumulating, storing,

manufacturing, conducting, using, selling, furnishing and supplying

electricity and electric power, by such companies,"

by amending the title and sections 1, 3, 5, 7, 9, 11, 13, 15, 17,

19, and 27 (MCL 472.1, 472.3, 472.5, 472.7, 472.9, 472.11, 472.13,

472.15, 472.17, 472.19, and 472.27) and by adding section 21; and

to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to provide for the formation of nonprofit street

railway companies, defining their powers and duties and authorizing

the construction, use, maintenance and ownership of street railways

for the transportation of passengers, and for accumulating,

storing, manufacturing, conducting, using, selling, furnishing and

supplying electricity and electric power, by such companies; to

prescribe powers and duties of certain state and local agencies and

officials; to provide remedies and penalties; to provide for the

establishment of a transit development finance zone; and to

authorize the use of tax increment financing.

Sec. 1. That street railway companies may be organized under

the provisions of this act. This act shall be known and may be

cited as the "nonprofit street railway act".

     Sec. 3. Such articles of association shall be signed by the

persons associating in the first instance, and acknowledged before

some officer authorized by the laws of this state to take

acknowledgment of deeds, and shall state—

     First. The name by which the corporation shall be known in the

law.

     Second. Definitely and distinctly the purpose for which the

corporation is formed.

     Third. The amount of their capital stock, and the number of

the shares thereof.

     Fourth. The names of the stockholders, their respective

residences, and the number of shares held by each.

     Fifth. The city or village in which the office for the

transaction of their business shall be located, and where their

business is to be carried on.

     Sixth. The term of the existence of the corporation, which

shall not exceed 30 years.

     Seventh. The number of the directors of the corporation, and

the names of those who shall be directors for the first year. The

legislature finds and declares that there exists in this state a

need to encourage the development of transportation facilities and

the provision of public transportation services by authorizing the

acquiring, owning, constructing, furnishing, equipping, completing,

operating, improving, and maintaining of nonprofit street railway

companies and systems and that public assistance in acquiring,

owning, constructing, furnishing, equipping, completing, operating,

improving, and maintaining nonprofit street railway companies and

systems in this state is declared to be a public purpose. It is the

intent of the legislature that a street railway system constructed

by a nonprofit corporation under this act be designed to adapt to

or connect with other public transit systems. It is the intent of

the legislature that resources expended to construct a street

railway system under this act qualify as state and local match

funds for transit systems eligible for federal funding.

     Sec. 5. The amount of the capital stock in every such

corporation shall be fixed and limited by the stockholders in their

articles of association, and shall in no case be less than 10,000

dollars, and shall be divided into shares of 100 dollars each; but

the capital stock and the number of shares thereof may be increased

at any lawful meeting of the stockholders; and whenever any such

increase shall be made, a certificate showing the amount of such

increase, signed by the president and secretary of the company, and

sealed with its corporate seal, shall be filed in the office of the

secretary of state. Any such company by its articles of

association, or by amendment thereto, approved at any lawful

meeting of the stockholders by vote of 3/4 in interest of its

capital stock, shall have power to create and issue certificates

for 2 kinds of stock, namely: General or common stock and preferred

stock of 1 or more classes; which preferred stock shall at no time

exceed 80 per centum of the actual capital paid in, and shall be

subject to redemption at not less than par at a certain time to be

fixed by the by-laws of said corporation, and to be expressed in

the certificates therefor. And the holder of such preferred stock

shall be entitled to a fixed dividend, payable quarterly, half

yearly, or yearly, which said dividend shall be cumulative, payable

at the time expressed in said certificate, not to exceed 8 per cent

per annum, before any dividends shall be set apart or paid on the

common stock. Said corporation shall be controlled by a board of

directors elected by the preferred and common stockholders,

excepting when otherwise provided in the articles of association or

amendments thereto: Provided always, If at any time upon a fair

valuation of the assets of the corporation the common stock shall

be impaired in an amount equal to 20 per cent thereof, or any

annual dividend or accrued dividends for 1 year due on the

preferred stock shall remain unpaid for 60 days, then holders of

the preferred stock shall have an equal right with the common

stock, share and share alike, to participate in the election of

directors and control of said corporation. If for any reason said

corporation shall cease business or become insolvent, then after

the payment of all liabilities and debts, the remainder of the

assets of such corporation shall be applied first to the payment in

full of all preferred stock and then unpaid dividends due thereon,

and the balance divided pro rata, share and share alike, among the

holders of the common stock. Every corporation organized or

existing under the provisions of this act may, by its articles of

association, or by an amendment thereto approved at any lawful

meeting of stockholders by a vote of 3/4 in interest of its capital

stock, provide for an issue of common stock of non-par value, in

accordance with subdivision 2 (being sections 6 to 9 both

inclusive) of part 2, chapter 2 of Act No. 84 of the Public Acts of

1921. Nothing in this section shall be construed as relieving or

excepting any such corporation or any person or persons from

complying with the provisions of Act No. 144 of the Public Acts of

1909, as amended by Act No. 177 of the Public Acts of 1911, Act No.

259 of the Public Acts of 1915, and Act No. 381 of the Public Acts

of 1919.

     (1) This act shall be construed liberally to effectuate the

legislative intent and the purpose of the act as complete and

independent authorization for the performance of each and every act

and thing authorized in this act and all powers granted in this act

shall be broadly interpreted to effectuate the intent and purposes

of this act and not as a limitation of powers.

     (2) The powers conferred in this act upon a street railway

shall be in addition to any other powers the street railway

possesses under law.

     (3) Unless permitted by the state constitution of 1963 or this

act or agreed to by a street railway, any restrictions, standards,

conditions, or prerequisites of a city, village, or township

otherwise applicable only to a street railway and enacted after the

effective date of the amendatory act that added section 21 do not

apply to a street railway. This subsection is intended to prohibit

special local legislation or ordinances applicable exclusively or

primarily to a street railway and not to exempt a street railway

from laws generally applicable to other persons or entities.

     Sec. 7. In case it shall happen that an election for directors

shall not be held as provided the said corporation shall not be,

for that reason, dissolved, but such election shall be held on some

future day, to be fixed by the directors holding over, upon giving

the notice thereof, as in this act provided, and all acts of the

directors shall be binding upon such corporation. As used in this

act:

     (a) "Department" means the department of transportation, the

principal department of state government created under section 350

of the executive organization act of 1965, 1965 PA 380, MCL 16.450.

     (b) "Nonprofit corporation" means that term as defined under

section 108 of the nonprofit corporation act, 1982 PA 162, MCL

450.2108.

     (c) "Public street or highway" means any state trunk line

highway, county road, or city or village street maintained by a

road authority.

     (d) "Railroad" means that term as defined under section 109 of

the railroad code of 1993, 1993 PA 354, MCL 462.109.

     (e) "Operating license agreement" means an agreement entered

into under section 13 by and among a street railway and each road

authority with jurisdiction over public streets and highways upon

which the street railway operates or seeks to operate a street

railway system, including, but not limited to, each city, village,

or township road authority in the city, village, or township in

which the street railway operates or seeks to operate a street

railway system.

     (f) "Road authority" means each governmental agency with

jurisdiction over public streets and highways. Road authority

includes the department, any other state agency, and

intergovernmental, county, city, and village governmental agencies

responsible for the construction, repair, and maintenance of

streets and highways. When a street railway operates or seeks to

operate a street railway system over public streets and highways

over which more than 1 road authority possesses jurisdiction, road

authority includes each road authority with jurisdiction over

public streets and highways upon which the street railway operates

or seeks to operate a street railway system.

     (g) "Street railway" means a nonprofit corporation organized

under this act for the purpose of operating a street railway system

other than a railroad train for transporting persons or property.

     (h) "Street railway system" means the facilities, equipment,

and personnel required to provide and maintain a public

transportation system operated on rails at grade or above or below

ground within a city, village, or township utilizing streetcars,

trolleys, light rail vehicles, or trams for the transportation of

persons or property. Street railway system also includes necessary

power feeds, signals, and stops or stations within a public right-

of-way. Street railway system excludes facilities and improvements

not required to maintain a public transportation system.

     Sec. 9. The directors shall choose, by ballot, a president who

shall be 1 of the directors, and they shall also choose a secretary

and treasurer, who shall hold their offices during such time as the

by-laws of the company shall prescribe, and until others are chosen

in their stead; and the directors shall supply any vacancy in the

office of president, secretary or treasurer, whenever the same

shall occur.

     (1) After the effective date of the amendatory act that added

this subsection, 1 or more persons may organize a street railway

under this act for the purpose of acquiring, owning, constructing,

furnishing, equipping, completing, operating, improving, and

maintaining a street railway system by signing in ink and filing

articles of incorporation for the street railway. The articles

shall include all of the following:

     (a) The name of the street railway, which shall include the

words "rail", "railway", "street railway", "light rail", or "metro

rail".

     (b) The purpose for which the corporation is organized, which

shall be limited to acquiring, owning, constructing, furnishing,

equipping, completing, operating, improving, and maintaining a

street railway system.

     (c) The city, village, or township in which the street railway

system will principally operate.

     (2) Articles of incorporation shall be filed with the bureau

of commercial services of the department of energy, labor, and

economic growth as provided under the nonprofit corporation act,

1982 PA 162, MCL 450.2101 to 450.3192.

     (3) The nonprofit corporation act, 1982 PA 162, MCL 450.2101

to 450.3192, shall apply to a street railway organized under this

section unless otherwise provided in or inconsistent with this act.

     Sec. 11. The directors may require the subscribers, to the

capital stock of the company to pay the amount by them respectively

subscribed, in such manner, and in such installments as they may

deem proper. If any stockholder shall neglect to pay any

installment as required by a resolution of the board of directors,

the said board, shall be authorized to sue for the same, or declare

his stock and all previous payments thereon forfeited for the use

of the company; but they shall not declare it so forfeited until

they shall have caused a notice, in writing, to be served on him

personally, or by depositing the same in the postoffice properly

directed to him at the postoffice nearest his usual place of

residence, stating that he is required to make such payment at the

time and place specified in said notice, and that if he fails to

make the same, his stock and all previous payments thereon will be

forfeited for the use of the company, which notice shall be served

as aforesaid, at least 60 days previous to the day on which such

payment is required to be made.

     (1) A nonprofit corporation may become a street railway under

this act and acquire, own, construct, furnish, equip, complete,

operate, improve, and maintain a street railway system in a city if

on and after the effective date of the amendatory act that added

this subsection the articles of incorporation for the nonprofit

corporation are amended to include all of the following provisions:

     (a) A provision authorizing the name of the corporation, to

include the words "rail", "railway", or "street railway", "light

rail", or "metro rail".

     (b) A provision detailing the purposes for which the

corporation is organized, which shall be limited to purposes

related to acquiring, owning, constructing, furnishing, equipping,

completing, operating, improving, and maintaining a street railway

system.

     (c) A provision indicating the city in which the street

railway system will principally operate.

     (2) Amendments to the articles of incorporation of a nonprofit

corporation under this section shall be adopted and filed with the

bureau of commercial services of the department of energy, labor,

and economic growth as provided under the nonprofit corporation

act, 1982 PA 162, MCL 450.2101 to 450.3192.

     (3) The nonprofit corporation act, 1982 PA 162, MCL 450.2101

to 450.3192, shall apply to a street railway organized under this

section unless otherwise provided in or inconsistent with this act.

     Sec. 13. (1) Any A street railway corporation organized under

the provisions of this act, may , with the consent of the corporate

authorities of any city or village, given in and by an ordinance or

ordinances duly enacted for that purpose, and under such rules,

regulations and conditions as in and by such ordinance or

ordinances shall be prescribed, acquire, own, construct, use,

furnish, equip, complete, operate, improve, and maintain and own a

street railway for the transportation of passengers system in and

upon the lines of such streets and ways, in said city or village,

as shall be designated and granted from time to time for that

purpose, in the ordinance or ordinances granting such consent; but

no such highways of a road authority with the approval of the road

authority, on terms and conditions imposed by the road authority.

The approval shall be embodied in an operating license agreement by

and among a street railway and each road authority with

jurisdiction over public streets and highways upon which the street

railway operates or seeks to operate a street railway system,

including, but not limited to, a city, village, or township road

authority located in the city, village, or township in which the

street railway system operates or seeks to operate. The operating

license agreement shall include the terms and conditions for

operation of the street railway system. Before approving an

agreement, a road authority shall hold a public hearing on the

proposed operating license agreement. The hearing shall be held in

the city, village, or township in which the street railway seeks to

operate a street railway system and shall be held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

Notice of the public hearing shall be provided not less than 20

days before the date of the hearing. One or more road authorities

may conduct a joint public hearing under this section. At a public

hearing, a street railway and a road authority may present

information regarding the proposed operating licensing agreement as

the street railway or the road authority deems appropriate. When

operating in and upon the streets and highways of a road authority,

a street railway is subject to rules, regulations, or ordinances

imposed by the road authority. A street railway company shall not

construct any street railway system in and upon the streets and

highways of any city or village a road authority until the company

shall have accepted street railway accepts in writing the any terms

and conditions upon which they are permitted to use said streets;

and any such company may extend, construct, use and maintain their

road in and along streets or highways of any township adjacent to

said city or village, upon such terms and conditions as may be

agreed upon by the company and the township board of the township,

which agreement, and the acceptance by the company of the terms

thereof, shall be recorded by the township clerk in the records of

his township. Any company organized under the provisions of this

act may construct, use, maintain and own a street railway for the

transportation of passengers in and along the streets and highways

of any township upon such terms and conditions as may be agreed

upon by the company and the township board of the township, which

agreement, and the acceptance by the company of the terms thereof,

shall be recorded by the township clerk in the records of the

township; and any such company imposed by the road authority, the

operating license agreement is approved under this section, and the

agreement is filed with each road authority with jurisdiction over

public streets and highways upon which the street railway will

operate. A road authority has the power in its discretion to

approve or disapprove an operating license agreement. A decision of

a road authority regarding an operating license agreement shall be

final and binding upon a street railway and other interested

persons. The street railway shall pay the road authority for all of

the road authority's costs incurred in constructing the street

railway system, mitigating the impact of the street railway system

on road users, the environment, and the surrounding neighborhoods,

and modifying the streets or highways impacted by construction of

the street railway system.

     (2) A street railway may acquire, own, construct, use,

furnish, equip, complete, operate, improve, maintain and own a

street railway system upon public or private rights of way, and all

such companies shall, obtain easements when necessary for a street

railway to enter upon acquire and use private property for

acquiring, owning, constructing, furnishing, equipping, completing,

operating, improving, and maintaining a street railway system. in

such construction and operation, have the same power and right of

eminent domain as is now possessed by railroad companies. All

proceedings at law or in equity necessary to give this section

effect shall be the same as proceedings for the condemnation of

property for companies organized under the general railroad law and

all statutes relative to the exercise of the right of eminent

domain for railroad purposes are hereby made applicable to

proceedings under this act: Provided, That any such company may

construct, use, maintain and own a street railway as is herein

provided along any highway heretofore laid out or constructed or

hereafter to be laid out or constructed by the board of county road

commissioners or any highway adopted as a county road by the board

of county road commissioners and under their control, upon such

terms and conditions as may be agreed upon by the company and the

said board of county road commissioners, with the approval of a

majority of the board of supervisors, which agreement, and the

acceptance by the company of the terms thereof, shall be recorded

by the county clerk in the records of said board. Excepting,

however, that whenever the right of way for such railways is

acquired by the exercise of the power and right of eminent domain,

the person, association or corporation acquiring the same under and

by virtue of such power and right, shall not thereby acquire any

right, title or interest in and to any ores or minerals either upon

or beneath the surface of such part of the right of way, but the

same shall remain the property of the owners of the land or ores

and minerals at the time the right of way is so acquired. And said

owners may, without let or hindrance, mine, take and carry away all

such ores and minerals, and in doing so the said owners shall not

be required to protect the surface of such right of way from being

damaged or endangered by the removal of such ores and minerals. Any

corporation organized under this act shall have the following

additional powers, that is to say: To generate, and transmit for

itself and furnish and sell electricity and electric power, and

storing it, and dispensing and dividing it subject to the

regulations of cities, villages and townships where sold among

those who wish to purchase or lease it: Provided, That any

corporation organized under this act which shall engage in the

business of generating, transmitting, selling or distributing

electricity shall be subject to the relevant provisions of all laws

of this state relative to the regulation of the business of

generating, transmitting, selling or distributing electricity for

any of the purposes mentioned in this act.

     (3) After a road authority consents to the acquiring, owning,

constructing, furnishing, equipping, completing, operating,

improving, and maintaining of a street railway system on the

streets or highways of the road authority or grants a right or

privilege to the street railway by entering into an operating

license agreement with the street railway, the road authority may

not revoke the consent or deprive the street railway of the rights

and privileges conferred without affording the street railway

procedural due process of law if and to the extent provided in the

operating license agreement for the street railway.

     (4) A street railway may do 1 or more of the following:

     (a) Acquire by gift, devise, transfer, exchange, purchase,

lease, or otherwise on terms and conditions and in a manner the

street railway considers proper property or rights or interests in

property relating to the operation of the street railway or street

railway system.

     (b) Take, transport, or carry and convey persons and property

on a street railway system and receive just and fair compensation

from users of the street railway system for that purpose.

     (c) Erect and maintain all necessary and convenient buildings,

structures, stations, depots, fixtures, and machinery for the

accommodation and use of persons and property transported by the

street railway.

     (d) Regulate the time and manner in which persons and property

may be transported by the street railway and fares or other

compensation may be paid for that purpose. A street railway may

charge just and fair compensation for the use of its street railway

system.

     (e) Borrow money and issue bonds and notes for any

indebtedness incurred and may mortgage their street railway

property and rights to secure the payment of bonds, notes, money

borrowed, and any and all debts and liabilities which the street

railway may incur. A street railway shall not use tax increments to

repay bonds and notes.

     (f) Transfer a street railway system to a public entity

operating a public transportation system if the transfer is

authorized by a law enacted after the effective date of the

amendatory act that added section 21.

     Sec. 15. Any street railway company may also purchase or

acquire, either at public or private sale, whether judicial or

otherwise; or may hire any street railway in any city, village or

township owned by any other corporation or company, together with

all the real and personal estate belonging thereto, and the rights,

privileges and franchises thereof, and may use, maintain, and

complete such road, and may use and enjoy the rights, privileges

and franchises of such company in the same manner and upon the same

terms as the company whose road and franchise, so acquired, might

have done; or may lease, sell and convey its railway, together with

the rights, privileges and franchises thereof to any other street

railway company subject to such terms and limitations as may be

expressed in this act. Every street railway company may also

purchase, hold, own or take upon lease such real estate, barns,

stables, buildings, fixtures and property as may be necessary for

the use and business of their road; and the whole or any part

thereof, together with their railway fixtures, property and

appurtenances, rights, privileges and franchises may sell, lease,

dispose of, pledge or mortgage whenever the corporation shall deem

it expedient so to do: Provided, however, That no company shall,

under the provisions hereof, lease, purchase, or acquire a

competing road. Any street railway may also, as an incident to its

business and for the better service for the public, acquire, own,

lease or hire motor vehicles and may, upon compliance with all

laws, state and municipal, authorizing the operation and regulating

the use of motor vehicles on the highway, operate the same on and

over the public highways of this state for the transportation of

such persons and property as it may lawfully transport on its

railway: Provided, No such motor vehicle equipment shall be used to

do a local business in any municipality in this state without the

permission of the municipality in which such local business is

wholly carried on. Any street railway may also acquire and own the

capital stock of any corporation owning or operating motor vehicles

for the purpose and in the manner hereinbefore stated: Provided

further, Nothing herein contained shall be understood as obviating

the necessity for obtaining any franchise now required by law and a

certificate of public convenience and necessity from the Michigan

public utilities commission as provided in Act No. 209 of the

Public Acts of 1923 and any amendments thereto.

     (1) Subject to applicable law and applicable regulations of

this state, a city, a township, or a village, a street railway may

generate, store, transmit, distribute, dispense, furnish, or use

electricity and electric power for use or consumption by the street

railway and the street railway system.

     (2) If a street railway requests a public utility to modify or

relocate facilities of the public utility that lie within a public

street or highway right of way, or if, in response to the

construction, expansion, or modification of a street railway system

a public utility determines that the public utility should modify

or relocate the public utility's facilities, consistent with law,

regulation, or good utility practice and unless the street railway

and the public utility agree otherwise, the street railway shall

pay all costs of the relocation and modification of the facilities

to the public utility.

     Sec. 17. (1) In constructing their railways every such company

a street railway system, a street railway shall conform to the

grades established , or which may be established, by the common

council or other corporate authorities of the city, village or

township, for the by a road authority for a public street or

highway traversed by said railways, nor shall the company at any

time the street railway.

     (2) A street railway shall not alter or change the grade or

line of any public street or highway, without the consent of the

common council or other corporate authorities of the city, village

or township, first had and obtained. road authority with public

jurisdiction over the public street or highway.

     (3) A street railway shall lay and maintain the track of a

street railway system in a manner and with the type of track to

keep the track and the pavement of the public street or highway

adjacent to the track in a state of condition and repair as

prescribed by the road authority with jurisdiction over the public

street or highway.

     Sec. 19. The common council or other corporate authorities of

the city or village, in which any street railway shall be located,

may from time to time, by ordinance or otherwise, establish and

prescribe such rules and regulations in regard to said railway, as

may be required for the grading, paving and repairing the street,

and the construction of sewers, drains, reservoirs and crossings,

and the laying of gas and water-pipes, upon, in and along the

streets traversed by such road, and to prevent obstructions

thereon. A road authority may establish and prescribe rules and

regulations applicable to a street railway operating in or upon a

public street or highway under the jurisdiction of a road authority

relating to 1 or more of the following subjects:

     (a) Grading, paving, obstruction, or repairing of a street or

highway.

     (b) Construction, maintenance, or obstruction of public

service facilities and infrastructure, including water, light,

heat, power, sewage disposal, and transportation.

     (c) Construction, maintenance, or obstruction of traffic

control and parking control facilities and infrastructure.

     Sec. 21. (1) If a person refuses to pay a fare owed to a

street railway or refuses to obey regulations established by the

street railway for the convenience and safety of passengers, the

street railway may remove the person from the streetcar, tram, or

trolley at a usual stopping place.

     (2) A person who causes or attempts to cause the derailment of

a streetcar, tram, or trolley of a street railway by the placing of

an impediment upon the track of a street railway, whether the

streetcar, tram, or trolley is dislodged from the track or not, or

who by any other means whatsoever willfully endangers or attempts

to endanger the life of any person engaged in the work of the

street railway, or any person traveling on the streetcar, tram, or

trolley of the street railway, is guilty of a felony punishable by

imprisonment for life or any number of years. Proof that the person

intended to injure or endanger the life of any particular person is

not required to prove a violation of this section.

     (3) A person who throws a stone, brick, or other missile at a

streetcar, tram, or trolley of a street railway is guilty of a

misdemeanor punishable by a fine of not less than $100.00 or more

than $500.00 or imprisonment for not less than 10 days or more than

90 days, or both.

     Sec. 27. Every company incorporated under this act, for the

purposes of constructing a railway, shall cease to be a body

corporate, if within 1 year from the time of filing their articles

of association with the secretary of state, they shall not have

commenced the construction of their railway, and expended therein

at least 10 per cent of their capital stock.

     (1) Within 30 days of the effective date of the amendatory act

that added section 21, the secretary of state or any other agency

having records of a street railway formed under this act prior to

the effective date of the amendatory act that added section 21

shall certify and transfer the records to the bureau of commercial

services of the department of energy, labor, and economic growth.

     (2) Any entity formed on or after the effective date of the

House Bill No. 6542 as amended December 11, 2008

amendatory act that added section 21 for the purpose of acquiring,

owning, constructing, furnishing, equipping, completing, operating,

improving, and maintaining a street railway or street railway

system shall be organized under this act.

     (3) A street railway is not subject to the railroad code of

1993, 1993 PA 354, MCL 462.101 to 462.451.

     Enacting section 1. Sections 2, 4, 6, 8, 10, 12, 14, 16, 18,

20, 22, 24, 25, 28, 29, 30, 31, 31a, 32, 34, 35, and 36 of 1867 PA

35, MCL 472.2, 472.4, 472.6, 472.8, 472.10, 472.12, 472.14, 472.16,

472.18, 472.20, 472.22, 472.24, 472.25, 472.28, 472.29, 472.30,

472.31, 472.31a, 472.32, 472.34, 472.35, and 472.36, are repealed.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

<<(a) Senate Bill No. 1104.>>

<<(a)(b)>> Senate Bill No. 1588.

<<(b)(c)>> Senate Bill No. 1589.

<<(c)(d)>> Senate Bill No. 1590.

<<(d)(e)>> Senate Bill No. 1592.