SB-1320, As Passed Senate, June 19, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1320

     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 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,

Senate Bill No. 1320 as amended June 19, 2008

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,"

by amending section 11c (MCL 247.661c), as amended by 2002 PA 498.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11c. All federal aid construction projects, all other

projects of the department concerning highways, streets, roads, and

bridges, whose cost exceeds $100,000.00 <<                

>> for construction or preservation as defined in

section 10c, shall be performed by contract awarded by competitive

bidding unless the department shall affirmatively find that under

the circumstances relating to those projects, some other method is

in the public interest. All federal aid construction projects, all

other projects of the department concerning highways, streets,

roads, and bridges, whose cost exceeds $1,000,000.00 for

construction or preservation as defined in section 10c, shall be

performed by contract awarded by competitive bidding to bidders who

have been prequalified under R 247.22 of the Michigan

administrative code. Maintenance projects are not subject to the

prequalification requirement of this section. All of those findings

shall be reported to the state transportation commission 90 days

before work is commenced and promptly in writing to the

appropriations committees of the senate and house of

representatives. However, in a case in which the department

determines emergency action is required, the reports need not be

filed before work is commenced but shall be promptly filed. Local

road agencies that make a decision not to perform construction or

preservation projects exceeding $100,000.00 $200,000.00 shall

contract for this work through competitive bidding. All local road

projects concerning highways, streets, roads, and bridges, whose

cost exceeds $1,000,000.00 for construction or preservation as

defined in section 10c, shall be performed by contract awarded by

competitive bidding to bidders who have been prequalified under R

247.22 of the Michigan administrative code. Maintenance projects

are not subject to the prequalification requirement of this

section.