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2009 House Bill 4961: Establish regulatory framework for private toll roads and bridges (including DRIC)
Introduced by Rep. Lee Gonzales (D) on May 19, 2009
To authorize the Department of Transportation to enter “public-private partnerships” to provide a “transportation facility,” which among other things means toll roads, and potentially the Detroit River International Crossing project (DRIC). The bill establishes a regulatory framework for such projects, including provisions allowing future toll revenue to be pledged against debt incurred for the project ("bond sales").   Official Text and Analysis.
Referred to the House Transportation Committee on May 19, 2009
Reported in the House on April 29, 2010
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
Substitute offered in the House on May 26, 2010
To replace the previous version of the bill with one that revises various details, but does not change its substance. This version was subsequently superseded by another substitute with more changes.
The substitute failed by voice vote in the House on May 26, 2010
Substitute offered by Rep. Paul Opsommer (R) on May 26, 2010
To replace the previous version of the bill with one that establishes a more limited public-private partnership authority. See Opsommer amendments to this bill for more details.
The substitute failed by voice vote in the House on May 26, 2010
Substitute offered by Rep. Lee Gonzales (D) on May 26, 2010
To replace the previous version of the bill with one that revises details but does not change the substance as previously described.
The substitute passed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Lee Gonzales (D) on May 26, 2010
To require the Department of Transportation to craft agreements that minimize the state's potential liability for bridge toll revenue shortfalls.
The amendment passed by voice vote in the House on May 26, 2010
Amendment offered by Rep. George Cushingberry (D) on May 26, 2010
To specify that the bill does not specifically authorize a Detroit River International Crossing (DRIC) project.
The amendment failed 48 to 54 in the House on May 26, 2010.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Rep. Paul Opsommer (R) on May 26, 2010
To require specific legislative approval for any new bridge, tunnel, lanes or road that charges tolls, user fees or imposes conditions on users.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Paul Opsommer (R) on May 26, 2010
To limit the term of any "public-private partnership" under the bill to 50 years.
The amendment passed by voice vote in the House on May 26, 2010
Amendment offered by Rep. David Agema (R) on May 26, 2010
To prohibit any DRIC funding until all obstacles have been removed from the proposed second span of the privately-owned Ambassador Bridge.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Tom Pearce (R) on May 26, 2010
To require specific legisative authorization for any project that costs more than $100 million.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Paul Opsommer (R) on May 26, 2010
To tie-bar the bill to House Joint Resolution FFF, meaning this bill cannot become law unless that one does also. HJR FFF would place language in the Constitution specifying that all toll revenue from a DRIC or other "public-private partnership" project be used for transportation purposes or for paying down the project debt.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Paul Opsommer (R) on May 26, 2010
To tie-bar the bill to House Joint Resolution Y, meaning this bill cannot become law unless that one does also. HJR Y would place language in the Constitution earmarking certain transportation license fee revenue to the “Transportation Economic Development Fund,” or to road projects designed primarily for “rubber wheeled vehicles” (vs. trains, streetcars, etc.).
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Paul Opsommer (R) on May 26, 2010
To establish that nothing in a public-private agreement would financially obligate or penalize any local government, or prohibit it from constructing any other transportation project or facility. Also, to require any public-private agreement to explicitly detail the full nature of noncompete clauses that exist within the agreement, and more.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Marty Knollenberg (R) on May 26, 2010
To prohibit the use of "availability payments" for funding a project under the bill.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Marty Knollenberg (R) on May 26, 2010
To specify that the bill applies to domestic authorities, not ones from another country (Canada) or state.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Paul Opsommer (R) on May 26, 2010
To prohibit any employee of the Department of Transportation or its director from receiving anything of monetary value from a party or concessionaire in a project under the bill.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. David Agema (R) on May 26, 2010
To prohibit any upper level Department of Transportation employee from accepting a job with a partner or concessionaire in a project authorized under the bill for 10 years after leaving the state job.
The amendment failed by voice vote in the House on May 26, 2010
Amendment offered by Rep. Tom McMillin (R) on May 26, 2010
To establish that any "instrumentality of government" created under the bill would be subject to the state Freedom of Information Act (FOIA) and Open Meetings Act (OMA).
The amendment failed by voice vote in the House on May 26, 2010
To authorize the Department of Transportation to enter “public-private partnerships” and borrow money ("sell bonds") to provide a “transportation facility,” which among other things means toll roads, and potentially the Detroit River International Crossing project. The bill establishes a regulatory framework for such projects, including provisions allowing future toll revenue to be pledged against debt incurred for the project.
Received in the Senate on June 1, 2010
Referred to the Senate Transportation Committee on June 1, 2010
Motion in the Senate on December 2, 2010
To discharge the Committee on Transportation from further consideration of the House-passed bill to authorize a Detroit River International Crossing bridge project. The defeat of the motion kills the project for now (although the campaign for it probably begins anew in the 2011 legislative session).
The motion failed 11 to 23 in the Senate on December 2, 2010.
    See Who Voted "Yes" and Who Voted "No".

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