The following is a partial list of major legislation that MITA has successfully lobbied for in the past:
MISS Dig Act
Public Act 53 of 1974
Public Act 53 of 1974 requires anyone who engages in or is responsible for the planning or performance of any type of excavation to provide advance notice of at least three working days to MISS DIG.
The MISS DIG system provides those digging with powered equipment the ability to contact multiple utility owners via a single telephone call. Once notified those facility owners are required to mark the approximate location of their utilities in timely manner.
MITA continues to work with the major utility owners to improve the workings of the MISS DIG law. For a closer look at Public Act 53, click here
Michigan Damage Prevention Board
Michigan Best Practices Contract
August 1, 2003 MITA has been working as part of the Michigan Damage Prevention Board on a Best Practices Contract, which addresses many concerns in the MISS DIG Act.
The Retainage Act
Public Act 524 of 1980
In the early 1980’s MITA drafted and lobbied vigorously for the passage of a statewide retainage law. After a full year of meetings and arm-twisting, Public Act 524 of 1980 was born. The Act addresses the timeliness of progress payments and specifies the amount of allowable retainage and requires that you receive interest on retained funds. We don’t want you to suffer from the out-of-sight, out-of-mind syndrome. Accordingly, you are encouraged to remind your public owners of their responsibilities under Public Act 524. This reminder should take place before the start of a project, and you should demand a monthly accounting of the interest on your retainage funds. For a closer look at Public Act 524, click here
Differing Site Conditions
Public Act 57 of 1998
This Act provides for a negotiating process for contractors who encounter unusual or misrepresented conditions while performing public works projects. During deliberations in this legislation, Governor Engler expressed concern over whether this act would create additional litigation. This concern resulted in a sunset provision of December 2001, contained in Section 6 of Public Act 57. MITA worked to remove the sunset provision by convincing the governor that Public Act 57 was working as intended and had provided an effective means of dispute settlement. MITA monitored numerous differing site condition claims and found that litigation of these issues decreased. As a result of MITA’s efforts, and after two vetoes by the governor, the sunset provision was removed. For a closer look at Public Act 57, click here
Local Enforcement Truck Laws
Public Act 93 0f 2000
MITA sponsored a series of truck bills aimed at curbing the abuses of local enforcement as it relates to truck fines. There was a very heated battle between MITA, the cities, counties and townships, however, in the end MITA negotiated the best deal possible, given the circumstances, and Public Acts 93, 94, 95, 96, 97, 98 has offered the industry some much needed relief.
For a closer look at Public Act 93 of 2000, click here
Public Act 94, click here
For Public Act 95, click here
For Public Act 96, click here
For Public Act 97:
For Public Act 98: