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1) "journal statement" [by Admin003 on November 7, 2008]
Senator Basham’s statement is as follows:

My amendment would simply require public utilities to assume joint liability for the damage to any roads or bridges caused by a subcontractor under their employ when the frost laws are in effect.

Under current law, public utilities are held accountable for any damage they may do to roads during the frost laws. However, under Senate Bill No. 1524, which would extend these utility privileges to subcontractors, the public utility does not also extend the accountability or financial responsibility to their subcontractor. If they’re sure their subcontractor is not doing any illegal work with this permit or doing any damage to the roadway, then the utilities should share that liability with their subcontractors.

Why would the Legislature want to risk hundreds of thousands of dollars of a section of road for routine maintenance work that could be done at a later date—on average six weeks? And if this is such a good idea, why doesn’t it include MDOT’s restricted roads? We start down a very slippery slope when we talk about fairness for private for-profit companies versus utilities. Who’s next? Propane? Home fuel? Well drillers? Oil drillers? Septic haulers? Is it fair to have citizens of Michigan pay several times over and over again for the same section of road for damage done by private for-profits?

All that is being asked is that those who can—which is virtually everyone—reduce their loads by 25 percent or 35 percent for several weeks do so. Emergencies are just that and vehicles responding to emergencies will always be allowed in. Regardless of the industry, day or night, they just report the emergency as soon as possible afterwards.

However, these emergency vehicles don’t have to completely empty the septic tank. They don’t have to bring in a full load of home fuel or propane. These emergencies are a lack of personal home responsibility. It’s not that we don’t care, and, yes, we realized they will have to pay more for two trips, but why jeopardize the road for this lack of personal responsibility?

If a private for-profit damages the road so even the county road guys can’t get in to fix it until it dries out, and no one can get in or out houses without parking hundreds of feet from their homes, how does this make it fair for the people living on that damaged road?

I urge your support for the amendment, and again, if this amendment passes, then I will support the bill. If it does not pass, then I would urge members not to support the main bill.
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2) 2008 Senate Bill 1524 (Extend utility truck seasonal weight limit exemption ) [by admin on January 1, 2001]
Introduced in the Senate on September 18, 2008

The vote was 27 in favor, 11 opposed and 0 not voting

(Senate Roll Call 608 at Senate Journal 84)

Click here to view bill details.
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