Bill Text: MI HB5124 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Highways; local; inclusion of seasonal county road along which a primary residence exists in determining distribution of snow removal funds; allow. Amends sec. 5a of 1951 PA 51 (MCL 247.655a).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2015-12-09 - Printed Bill Filed 12/09/2015 [HB5124 Detail]
Download: Michigan-2015-HB5124-Introduced.html
HOUSE BILL No. 5124
December 8, 2015, Introduced by Reps. Johnson, Cole, Franz, Potvin, Chatfield and Rendon and referred to the Committee on Local Government.
A bill to amend 1951 PA 51, entitled
"An act to provide for the classification of all public roads,
streets, and highways in this state, and for the revision of that
classification and for additions to and deletions from each
classification; to set up and establish the Michigan transportation
fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels;
to provide for the allocation of funds from the Michigan
transportation fund and the use and administration of the fund for
transportation purposes; to promote safe and efficient travel for
motor vehicle drivers, bicyclists, pedestrians, and other legal
users of roads, streets, and highways; to set up and establish the
truck safety fund; to provide for the allocation of funds from the
truck safety fund and administration of the fund for truck safety
purposes; to set up and establish the Michigan truck safety
commission; to establish certain standards for road contracts for
certain businesses; to provide for the continuing review of
transportation needs within the state; to authorize the state
transportation commission, counties, cities, and villages to borrow
money, issue bonds, and make pledges of funds for transportation
purposes; to authorize counties to advance funds for the payment of
deficiencies necessary for the payment of bonds issued under this
act; to provide for the limitations, payment, retirement, and
security of the bonds and pledges; to provide for appropriations
and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide
for the establishment and administration of the state trunk line
fund, local bridge fund, comprehensive transportation fund, and
certain other funds; to provide for the deposits in the state trunk
line fund, critical bridge fund, comprehensive transportation fund,
and certain other funds of money raised by specific taxes and fees;
to provide for definitions of public transportation functions and
criteria; to define the purposes for which Michigan transportation
funds may be allocated; to provide for Michigan transportation fund
grants; to provide for review and approval of transportation
programs; to provide for submission of annual legislative requests
and reports; to provide for the establishment and functions of
certain advisory entities; to provide for conditions for grants; to
provide for the issuance of bonds and notes for transportation
purposes; to provide for the powers and duties of certain state and
local agencies and officials; to provide for the making of loans
for transportation purposes by the state transportation department
and for the receipt and repayment by local units and agencies of
those loans from certain specified sources; and to repeal acts and
parts of acts,"
by amending section 5a (MCL 247.655a), as added by 1981 PA 184.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. (1) The board of county road commissioners of each
county may establish a system of seasonal county roads, which may
be part of either the county primary road system, the county local
road system, or both systems. A board of county road commissioners
in
establishing a system of seasonal county roads, may declare a
road under the jurisdiction of the board to not be open to public
travel
during the months of November through April, which and that
road shall then not be open to public travel.
(2) The seasonal county road system shall include any road
under the jurisdiction of the board of county road commissioners
which
that the board determines shall
not be open to public travel
each year for a period of less than 12 months. The system of
seasonal county roads shall be selected on the basis of seasonal
use of the roads and in accordance with rules promulgated by the
state
transportation department. A board
of county road
commissioners may include or exclude roads in the seasonal county
road system upon adoption of a proper resolution but only after
holding a public hearing. Notice of the public hearing shall be
given to the clerk of the county and of each city, village, or
township in which the roads are situated and published at least
twice
in a newspaper of general circulation in that county. ,
the
The
first notice to shall be
not less than 30 days before the
hearing and the second notice shall be not less than 7 days before
the hearing. The notice shall contain the date, time, and place of
the hearing and shall describe in general terms the action proposed
to be taken by the board, the roads to be affected, and the period
of time that the roads shall not be open to public travel. The
business
which that the board may perform at the public hearing
shall
be conducted at a hearing held in compliance with Act No. 267
of
the Public Acts of 1976, as amended, being sections 15.261 to
15.275
of the Michigan Compiled Laws. the
open meetings act, 1976
PA 267, MCL 15.261 to 15.275. In addition to the other notices
required by this subsection, public notice of the time, date, and
place
of the hearing shall be given in the manner required by Act
No.
267 of the Public Acts of 1976, as amended. the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275. If at the hearing an
objection is made to the designation of a road as a part of the
seasonal county road system by a person occupying a structure
located upon or along the road as the person's principal residence,
the commissioners shall not designate that road as a part of the
seasonal county road system unless the commissioners provide that
person
with immediate access to a road which that is not a part of
the
seasonal county road sytsem.system.
(3) Within 30 days after final adoption of a resolution
establishing a seasonal county road system, the board of county
road
commissioners shall file with the state transportation
department and each city, village, or township in which the roads
are situated a full record of its determination.
(4) The designation of a road as part of the seasonal county
road
system shall does not affect the certification of the road
under this act, but if the road is not open to public travel during
the months of December to April, except as provided in subsection
(6), the road shall be excluded for purposes of the distribution of
snow removal funds under section 12a.
(5) A road included as part of the seasonal county road system
shall be excluded for the purposes of determining the distribution
of funds under sections 12(4) and 12b for each year in which the
road is part of the seasonal county road system.
(6) Upon adoption of a resolution by the board of county road
commissioners, a road included as part of the seasonal county road
system under this section shall not be excluded for purposes of the
distribution of snow removal funds under section 12a if there is a
person occupying a structure upon or along the road as that
person's principal residence. As used in this subsection,
"principal residence" means that term as defined in section 7dd of
the general property tax act, 1893 PA 206, MCL 211.7dd.
(7) (6)
A map shall be maintained and on
display in the office
of
each board of county road commissioners which that has
established
a seasonal county roads road
system which that shall
also
inform the public of the dates the road or road shall roads
are not open to public travel.
(8) (7)
The board shall place and maintain
signs on all roads
designated
as seasonal county roads, which signs shall describe the
roads as seasonal county roads.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
