Bill Text: MI SB0695 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation; other; definition of street railway in nonprofit street railway act; amend. Amends sec. 7 of 1867 PA 35 (MCL 472.7).

Spectrum: Bipartisan Bill

Status: (Passed) 2014-12-31 - Assigned Pa 0486'14 With Immediate Effect [SB0695 Detail]

Download: Michigan-2013-SB0695-Engrossed.html

SB-0695, As Passed Senate, June 11, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 695

 

 

November 14, 2013, Introduced by Senators RICHARDVILLE, SMITH, YOUNG, CASPERSON, ANANICH and MOOLENAAR and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1867 PA 35, entitled

 

"Nonprofit street railway act,"

 

by amending section 7 (MCL 472.7), as amended by 2008 PA 481.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. 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.state transportation department.

 

     (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 individuals or

 

property. Street railway includes a nonprofit corporation


 

incorporated under the nonprofit corporation act, 1982 PA 162, MCL

 

450.2101 to 450.3192, by a street railway organized under section

 

11, or by 1 or more members of the board of directors of a street

 

railway for the purpose of assisting the street railway in

 

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

 

operating, improving, or maintaining a street railway system or for

 

the purpose of financing a street railway system.

 

     (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 individuals 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 that are not required to maintain a

 

public transportation system.

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