Michigan Laws 247.675 – Truck safety fund and Michigan truck safety commission; establishment; administration of fund; duty of commission; appointment, qualifications, and terms of commission members; election of chairp
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(1) The truck safety fund is established and shall be maintained in the state treasury. The truck safety fund shall be administered by the office of highway safety planning within the department of state police.
(2) The Michigan truck safety commission is established in the office of highway safety planning within the department of state police. The commission shall control the expenditures of the truck safety fund. The commission shall consist of the following members:
Terms Used In Michigan Laws 247.675
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- commission: means the state transportation commission established in section 28 of article V of the state constitution of 1963. See Michigan Laws 247.660c
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Quorum: The number of legislators that must be present to do business.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(a) A member of the state transportation commission, or his or her authorized representative who is a member of the state transportation commission.
(b) The director of the office of highway safety planning, within the department of state police.
(c) The secretary of state.
(d) The commanding officer of the motor carrier division within the department of state police.
(e) Seven individuals appointed by the governor with the advice and consent of the senate as follows:
(i) One individual representing Michigan community colleges.
(ii) One individual representing 4-year colleges or universities.
(iii) One individual representing the Michigan trucking association.
(iv) One individual representing private motor carriers.
(v) One individual representing organized labor.
(vi) Two individuals representing the general public.
(3) The appointed members of the Michigan truck safety commission shall be appointed for 2-year terms. The chairperson of the Michigan truck safety commission shall be elected by a majority of the members serving on the Michigan truck safety commission. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. The business which the Michigan truck safety commission shall perform shall be conducted at a quarterly meeting held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being section 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the meeting shall be given in the manner required under Act No. 267 of the Public Acts of 1976. A majority of the commission members serving shall be required to constitute a quorum.
(4) The truck safety fund shall be expended in the following order of priority and in the following manner:
(a) Not more than 5% but not more than $100,000.00 of the money deposited in the truck safety fund shall be expended for the fund’s administrative expenses. The office of highway safety planning may employ not more than 2 persons to assist in the administration of the fund.
(b) Not less than 30%, but not less than $1,000,000.00 of the balance of the money deposited in the truck safety fund shall be expended for the following purposes:
(i) Establishing truck driver safety education programs.
(ii) Encouraging, coordinating, and administering grants for research and demonstration projects to develop the application of new ideas and concepts in truck driver safety education as applied to state, as opposed to nationwide, problems.
(iii) Applying for, receiving, and accepting any grant, gift, contribution, loan, or other assistance in the form of money, property, labor, and any other form from a public or private source for the enhancement of truck driver safety education, including matching funds and other assistance from an agency or instrumentality of the United States and doing each thing as is necessary to apply for, receive, and administer that assistance in accordance with the laws of this state.
(c) Not less than $750,000.00 of the balance of the money deposited in the truck safety fund shall be expended for the establishment of special transportation enforcement team operations within the motor carrier division of the department of state police and any expenses incurred by the special transportation enforcement team including, but not limited to, required equipment. The motor carrier division of the department of state police shall submit an annual report of the activities of the special transportation enforcement team operations and expenditures of the fund for those operations provided by this subdivision.
(d) The balance of the money deposited in the truck safety fund, if any, shall be expended for the following purposes:
(i) Investigating, performing data collection and analysis, and making recommendations on truck accidents within this state.
(ii) Investigating and making recommendations on the truck safety enforcement procedures of local law enforcement agencies.
(iii) Performing other functions considered necessary by the Michigan truck safety commission for the enhancement of truck and truck driver safety within this state.
(5) The commission shall make an annual report to the chairpersons of the house transportation and senate transportation and tourism committees on the status of the fund. The report shall be submitted within 45 days after the end of the fiscal year and shall include the year end balance of the fund and the disbursements made from the fund during the previous fiscal year.