MTSC Public Act 348 of 1988
Public Act 348 of 1988
Sec. 25. (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:
(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 sections 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 state affairs, tourism, and transportation 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 and balance of the fund and the disbursements made from the fund during the previous fiscal year.
Funding Sources for Truck Safety Fund
- $15.00 of the registration fee collected by the Michigan Department of State on most large trucks (Public Act 346 of 1988, being Section 257.801 of the Michigan Compiled Laws)
- Interstate registration fees collected by the Michigan Department of Commerce (Public Act 347 of 1988, being Section 478.7 of the Michigan Compiled Laws)
- Assessments collected by the Michigan Department of Commerce for violations of Public Act 355 of 1988, being Section 479.18 of the Michigan Compiled Laws