Bill Text: MI HB6418 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Counties: boards and commissions; public notice under the county road law; revise to make reference to the local government public notice act and the Michigan election law. Amends secs. 3, 6, 11, 18 & 19b, ch. IV of 1909 PA 283 (MCL 224.3 et seq.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6418 Detail]
Download: Michigan-2019-HB6418-Introduced.html
HOUSE BILL NO. 6418
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,"
by amending sections 3, 6, 11, 18, and 19b of chapter IV (MCL 224.3, 224.6, 224.11, 224.18, and 224.19b), section 6 as amended by 2020 PA 2, section 18 as amended by 2000 PA 342, and section 19b as amended by 2018 PA 97.
the people of the state of michigan enact:
CHAPTER IV
Sec. 3. (1) Said Before January 1, 2022, the clerk shall cause such notice, printed in the form of a handbill, to be posted in 3 or more public places in each township and ward of such the county, at least 2 weeks before the time of such the election, and also to be published in such newspaper or newspapers published and circulated in said the county as the board of supervisors commissioners may direct, once in each week for at least 2 weeks before said the election. Proof of the posting and publication of such the notice may be made by affidavit of any person or persons knowing the facts and be filed in the office of said the clerk and shall must be recorded in the records of the proceedings of the board of supervisors. Such commissioners. The affidavit or the record thereof, or a certified copy of such the affidavit or the record thereof, shall be is prima facie evidence of the facts stated therein.
(2) Beginning January 1, 2022, notice of the election must be given in the same manner required by section 653a of the Michigan election law, 1954 PA 116, MCL 168.653a.
(3)
Ballots shall must be prepared and distributed by the
same officers prescribed by law for general elections. The questions shall must be stated on such the ballots as follows: , viz.: "Shall the county road system be adopted by the
county of ......................?"
and immediately below and on different lines shall must be
printed the word "yes" and the word "no." At the time
mentioned in such the resolution, such the election shall must be
held and the vote taken accordingly.
Sec. 6. (1)
Except as otherwise provided by law and under subsection (4), (5), (7), or (8),
in a county where the county road system is adopted, a board of county road
commissioners consisting of not less than 3 members or more than 5 members must
be elected by the people of the county. The initial road commissioners must be
appointed by the county board of commissioners or elected at a general or
special election called for that purpose, as determined by the county board of
commissioners. The county board of commissioners may by resolution provide for
staggered terms of office for the road commissioners under this subsection so
that not more than 2 road commissioners' terms of office expire in the same
year.
(2) If the road commissioners are appointed, they shall hold
office only until January 1 of the first odd numbered year following the date
of appointment. If the road commissioners are to be elected at a general or
special election, notice of the election, embodying a copy of the resolutions
of the county board of commissioners, giving the number and terms of the office
of the road commissioners to be elected, must be published or posted by the clerk as required by section 3 of
this chapter.
(3) The regular election of county road commissioners must be
held at the general election on the first Tuesday after the first Monday in
November. The term of office of an elected county road commissioner commences
on January 1 in the year following his or her election. The notice of the
election must be given at the time notice is given of the general election of
county officers.
(4) The election of county road commissioners is not
mandatory in any county that contains all or part of 12 surveyed townships as
determined by the government survey of the county. Except as provided under
subsection (5), in a county under this subsection the county board of
commissioners, by a majority of its members elect, may appoint the county road
commissioners. A county road commissioner appointed under this subsection must
not be removed from office before the expiration of his or her term of office
without being given written notice of the charges made against him or her and
an opportunity to appear before the county board of commissioners for a hearing
on the charges. A county board of commissioners in a county under this
subsection with an elected board of county road commissioners shall not
transfer the powers, duties, and functions of the elected board of county road
commissioners to an appointed board of county road commissioners unless both of
the following occur:
(a) The county board of commissioners submits that question
to the qualified and registered electors of the county at the next regular
election to be held in the county.
(b) A majority of the qualified and registered electors of
the county voting on the question vote in favor of transferring the powers,
duties, and functions of the elected board of county road commissioners to an
appointed board of county road commissioners.
(5) In a county having a population of 750,000 or more that
has adopted a charter under 1966 PA 293, MCL 45.501 to 45.521, the powers and
duties that are otherwise provided by law for a board of county road
commissioners may be reorganized by amendment to the charter. In a county
having a population of 750,000 or more with a charter commission proposing a
charter under 1966 PA 293, MCL 45.501 to 45.521, the powers and duties that are
otherwise provided by law for a board of county road commissioners may be
reorganized under the charter if, at the election considering the approval of
the charter, the voters approve both the charter and a separate ballot question
presented by the charter commission to reorganize the board of county road
commissioners. Funds provided to the county under 1951 PA 51, MCL 247.651 to
247.675, must only be expended for the purposes provided under 1951 PA 51, MCL
247.651 to 247.675.
(6) If the county board of commissioners proposes to alter
the number of county road commissioners as allowed under this act, the county
board of commissioners shall hold not less than 1 public hearing on the
proposed change to the road commission. The county board of commissioners shall
give notice as required under the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, of the time and place of the public hearing not less than 28 days
before the hearing. The county board of commissioners shall also provide
written notice of the hearing to the county road commission and, if available,
by posting the notice on the county's website. The county board of
commissioners may vote on whether to alter the number of county road
commissioners at the meeting noticed under this subsection.
(7) Except as otherwise provided under subsection (5) and
subject to the requirement provided in subsection (9), the powers, duties, and
functions that are otherwise provided by law for an appointed board of county
road commissioners may be transferred to the county board of commissioners by a
resolution as allowed under section 11 of 1851 PA 156, MCL 46.11. The appointed
board of county road commissioners of that county is dissolved on the date
specified in the resolution adopted under this subsection, and the county board
of commissioners is authorized to receive and expend funds as allowed under
1951 PA 51, MCL 247.651 to 247.675.
(8) Except as otherwise provided in subsection (5) and
subject to the requirement provided in subsection (9), the county board of
commissioners in a county with an elected board of county road commissioners
may, by a resolution as allowed under section 11 of 1851 PA 156, MCL 46.11,
submit to the qualified and registered electors of the county at the next
regular election to be held in the county the question of transferring the
powers, duties, and functions of the elected board of county road commissioners
of that county to the county board of commissioners. If a majority of the
qualified and registered electors of the county voting on the question vote in
favor of transferring the powers, duties, and functions of the elected board of
county road commissioners of that county to the county board of commissioners,
the elected board of county road commissioners of that county is dissolved and
the county board of commissioners is authorized to receive and expend funds as
allowed under 1951 PA 51, MCL 247.651 to 247.675.
(9) Before adopting a resolution under subsection (7) or (8),
the county board of commissioners shall conduct, at a minimum, 2 public
hearings on whether to transfer the powers, duties, and functions of the board
of county road commissioners to the county board of commissioners.
Sec. 11. (1) The board of county road commissioners may lay out new roads within the county as they consider the board considers necessary. The roads shall must be not less than 4 rods wide. The board may also change the width or the location or straighten the line of a road over which it takes jurisdiction.
(2) Before the board approves a project for the construction of a new road or improvement of an existing road not part of the federal-aid systems, as defined in section 103 of Public Law 85-767, 23 U.S.C. 103, 23 USC 103, which improvement consists of widening or straightening the line of a road, the board of county road commissioners shall conduct a public hearing pursuant to the following procedure:
(a) Notice Before January 1, 2022, notice of the public hearing shall must be given at least twice in a newspaper having general circulation in the vicinity of the proposed undertaking. The Before January 1, 2022, the first notice shall must appear 30 to 40 days before the scheduled hearing with the second notice appearing 5 to 12 days before the hearing.
(b) Beginning January 1, 2022, not more than 30 days or less than 14 days before the scheduled hearing, notice of the public hearing must be posted as set forth in the local government public notice act.
(c) (b) The required notices shall notice must contain the date, time, and place of the hearing and shall must include a description of the proposed action. The notice shall must also contain a map or drawing of the proposed action. The map or drawing shall must be made available to the public. The notice shall must set forth the tentative schedule for the right of way acquisition, if necessary for the proposed action, and for the beginning of the construction or improvement.
(d) (c) A copy of the notice shall must be delivered to the local news media and to the executive official of each affected municipality.
(3) If the record owners of 100% of the property adjacent to a local road which is 1/4 mile or less in length and which that has only 1 outlet , oppose the construction or improvement of the local road, the board of county road commissioners shall must not approve the project.
(4) If in the laying out, widening, changing, or straightening of a road it becomes necessary to take private property, the board shall cause a survey of the proposed road to be made, together with an accurate description of the lands required for the road. It The board shall endeavor to agree with each owner, who is a resident of the county, for the purchase of a right of way over the owner's land included within the description. If it the board is able to agree with the owner of the property, it the board may purchase the property and pay for the property out of the funds under its the board's control. The land shall must be conveyed to the county for the use and purpose of a road.
Sec. 18. (1) If state reward is to be applied for, the board of county road commissioners shall file with the state transportation commission, for its approval, a map of the county showing the location of the proposed system of county roads. This proposed system may be changed if approved by the state transportation commission. All state rewarded roads composing a part of this system shall must be taken over as county roads by the board of county road commissioners and any road or part of a road previously laid out shall become becomes a county road if the board of county road commissioners shall at any time so determine, and in passing through or on the line between townships or villages or cities any streets or parts of streets may be adopted as a county road, with the consent of the proper authorities of that city or cities, village or villages. If a street is taken over and improved as a county road, city and village authorities may further improve the road by surfacing it outside the portion constructed by the county and by the addition of gutters, curbs, sidewalks, and other improvements, may provide for the care and maintenance of the improvements, and may levy and collect taxes for the improvements. The vote of the county road commissioners in respect to the determination shall must be taken by yeas and nays, and shall must be entered at large on the records of the board of county road commissioners. Notice of the determination shall must be immediately given by the clerk to the highway authorities of each city or village in which the road or any part of the road is situated. , and Before January 1, 2022, notice of the determination must be published in a newspaper of general circulation in the county, once in each week for 3 successive weeks. Beginning January 1, 2022, the clerk shall post public notice of the determination as set forth in the local government public notice act. Proof of service and publication or posting may be made by affidavit by any person knowing the facts and filed with the clerk. The affidavit or the record thereof or certified copy of the affidavit or record shall be is prima facie evidence of its contents. After service and publication or posting of the notice, the board of county road commissioners shall have has exclusive jurisdiction and control of the road embraced within the determination, and the municipality within which the road is situated shall be is relieved from all responsibility for the road. Immediately after laying out or taking control of a road the board shall give the road a name. The board may change the name of the road if it determines that a name change is necessary in order to conform to a general plan or avoid confusion or duplication. The name given by the board to any road under its jurisdiction, either originally or in case of a change as provided for in this section, is the official name by which the road shall must be known.
(2) The board also may enter into agreements with the board of county road commissioners in any adjoining county with reference to the laying out, maintenance, construction, and improvement of inter-county roads. The decision of each board to become a party to an agreement is limited to the construction, improvement, or maintenance of the portion of the road subject to the jurisdiction of that board.
(3) The board of county road commissioners of any county that has adopted the county road system, at any time, may either relinquish jurisdiction of or absolutely abandon and discontinue any county road, or any part of a county road, by a resolution adopted by a majority vote. The vote of the county road commissioners in respect to either relinquishment of jurisdiction or absolute abandonment and discontinuance shall must be taken and entered, and notice given, in the same manner as required in this section in cases in which county roads are adopted. After proceedings to relinquish jurisdiction have been had, the jurisdiction and control of the road, or part of the road, except as otherwise provided in this section, shall revert reverts to the municipality within which the road is situated, and the county shall be is relieved of the responsibility for the road. After proceedings to abandon absolutely and discontinue, the road or part of the road shall cease ceases to exist as a public highway unless the unit of government that acquires the property or control of the property permits use as a public highway. Subject to subsection (8), the board, at the time of the passage of a resolution to abandon absolutely and discontinue any portion of a highway under its jurisdiction, shall determine in the resolution that it is in the best interests of the public that the highway or portion of the highway be absolutely abandoned and discontinued. The board shall cause a true copy of every resolution or other proceeding containing an accurate description of the lands comprising the highway or portion of the highway that has been absolutely abandoned and discontinued to be recorded in the office of the register of deeds for the county where the lands are situated.
(4) The board of county road commissioners shall not absolutely abandon and discontinue any highway, or part of a highway, except as provided in this section, upon the written petition of 7 or more freeholders of the township in which the road is sought to be absolutely abandoned and discontinued. The petition for absolutely abandoning and discontinuing a highway shall must describe the road in general terms or by any name by which it is known, and if the absolute abandonment and discontinuance of only a portion of a road is asked for, that portion shall must be specified. The petition shall must be accompanied by a true and correct list of the names and mailing addresses of the occupants of each parcel of land abutting the highway, or portion of the highway, sought to be absolutely abandoned and discontinued, which list shall must be certified to under oath by 1 of the persons making or presenting the petition.
(5) If a petition for absolute abandonment and discontinuance of a road or portion of a road contains the signatures of all of the owners of record and occupants of land abutting the road, as ascertained from the records in the office of the register of deeds and the certified list provided for in subsection (4), the board of county road commissioners shall, within 20 days after receiving the petition, subject to subsection (8), determine the advisability of the abandonment and discontinuance and either grant or deny the petition without further proceedings. In all other cases the board shall, within 20 days after receiving a petition, issue a written notice stating the object of the petition and appointing a time and place of hearing, which notice shall must be served on the township board of the township in which the road is situated and on the owners of record and occupants of lands through or adjoining which it is proposed to absolutely abandon and discontinue the road, by mailing a copy of the notice by first-class mail to the township board of the township in which the road is situated and to the residence of each owner of record or occupant at his or her last known address at least 30 days before the time of hearing. The township board of the township in which the road is situated shall have has first priority to retain the property or portion of the property. The board shall also notify the township or municipality within which the road is situated, the state transportation department, and the department of natural resources if the action concerns any county road or portion of a county road that borders on, crosses, is adjacent to, or ends at a lake or the general course of a stream and the proposed action would result in the loss of public access. If Before January 1, 2022, if the owner does not reside upon the land or the owner of record or occupant cannot be found within the county in which the land is situated, the notice to the owner of record or occupant of the land shall must be served by posting in 3 public places in the township in which the road is situated, and by publication in a newspaper circulated within the county, 30 days before the time of hearing. Beginning January 1, 2022, if the owner does not reside upon the land or the owner of record or occupant cannot be found within the county in which the land is situated, the notice to the owner of record or occupant of the land must be served by posting in 3 public places in the township in which the road is situated, and by having public notice posted 30 days before the time of the hearing as set forth in the local government public notice act. Notice shall must be served upon railroad companies by leaving a copy with the agent in charge of any ticket or freight office of the company operating the railroad, on the railroad line. The department of natural resources and the township or municipality within which the road is situated shall review the petition and determine within 30 days whether the property should be retained as an ingress and egress point. If the road is situated in a township, the township shall have has first priority and the department of natural resources shall have has second priority to retain the property as an ingress and egress point. If the road is not situated in a township, the department of natural resources shall have has first priority to retain the property as an ingress and egress point.
(6) Upon the service of the notice required in subsection (5), and before any further proceedings are held, the person by whom the service was made shall make and annex to the notice, or a copy of the notice, an affidavit stating the time and manner of service, which shall that must be by first-class mail, and by posting and advertising. In addition, if service is upon a railroad company, the affidavit shall must so state and shall must specify the agent upon whom service was made. The notice and affidavit, together with an affidavit of publication or posting if the notice was published , shall or posted, must be attached to the petition, and the whole shall must be present at the time of the hearing upon the petition. The board of county road commissioners may designate, as hearing examiner, an employee to hold the hearing upon the petition. After the hearing, the examiner shall report all findings of fact to the board.
(7) The board of county road commissioners or the superintendent or engineer employed by the board shall proceed to view the premises described in the petition and notice, and the board shall ascertain the necessity or advisability of absolutely abandoning and discontinuing the highway pursuant to the petition.
(8) Subject to subsection (5), if the board of county road commissioners determines pursuant to under this section to relinquish control, discontinue, abandon, or vacate any county road or portion of a county road that borders on, crosses, is adjacent to, or ends at a lake or the general course of a stream and the township, if applicable, or the department of natural resources decides to maintain the road as a public access site, it the board shall convey by quitclaim deed or relinquish jurisdiction over the property if the interest is nontransferable to the township or the state. If the township obtains the property or jurisdiction over the property as an ingress and egress point and later proposes to transfer the property or jurisdiction over the property, it the township shall give the department of natural resources first priority to obtain the property or jurisdiction over the property. If the state obtains the property or jurisdiction over the property under this subsection, the property shall be is under the jurisdiction of the department of natural resources. The state may retain title to the property, transfer title to a local unit of government, or deed the property to the adjacent property owners. If the state has purchased the property with restricted fund revenue, money obtained from sale of the property shall must be returned to that restricted fund. The local unit of government shall either maintain the property as a site of public access or allow it to revert to the adjoining landowners.
(9) Subject to subsection (5), if the board of county road commissioners determines pursuant to under this section to abandon any county road or portion of a county road to a township, it the board shall quitclaim deed the property if the interest is nontransferable to the township. The township shall either retain the property or allow it to revert to the adjoining landowners.
(10) Within 30 days after final determination upon the petition for absolutely abandoning and discontinuing a highway, the board of county road commissioners shall file with the state transportation commission a full record and return of its proceedings. A determination by the board of county road commissioners under this section is binding for purposes of 1927 PA 341, MCL 247.41 to 247.46.
(11) The board of county road commissioners may reserve an easement for public utility purposes within the right-of-way of any road absolutely abandoned and discontinued under this section and may, by resolution, extinguish any easement so reserved whenever the easement ceases to be used for public utility purposes.
(12) If interest in the property is conveyed or control over the property is relinquished to a local unit or this state under subsection (8), the local unit or this state, as applicable, shall operate and maintain the property so as to prevent and eliminate garbage and litter accumulation, unsanitary conditions, undue noise, and congestion as necessary.
(13) If a person shows substantial noncompliance with the requirements of subsection (12), the circuit court may order the local unit or this state to close the road ending in a manner to prevent ingress and egress to the body of water for a period of up to 30 days.
(14) If a person shows substantial noncompliance with the requirements of subsection (12) and the circuit court has previously closed the road ending for up to 30 days under subsection (13), the circuit court may order the local unit or this state to close the road ending in a manner to prevent ingress and egress to the body of water for 90 days.
(15) If a person shows substantial noncompliance with the requirements of subsection (12) and the circuit court has previously closed the road ending for 90 days under subsection (14), the circuit court may order the local unit or this state to close the road ending in a manner to prevent ingress and egress to the body of water for 180 days.
(16) If a person shows substantial noncompliance with the requirements of subsection (12) and the circuit court has previously closed the road ending for 180 days under subsection (15), the circuit court shall order the local unit or this state to show cause why the road ending should not be permanently closed in a manner to prevent ingress and egress to the body of water. Subject to subsection (17), the circuit court shall permanently close the road ending unless the local unit or this state shows cause why the road ending should not be closed.
(17) After a road ending is closed under subsection (16), and unless the property has been conveyed or relinquished to the adjacent landowners under subsection (18), the local unit or this state may petition the circuit court to reopen the road ending. The circuit court may order the road ending reopened if the local unit or this state presents a management plan to and posts a performance bond with the circuit court, and the circuit court finds that the management plan and performance bond are adequate to ensure compliance with subsection (12).
(18) After a road ending is closed by the circuit court under subsection (16), 1 or more of the adjacent landowners may petition the circuit court to order the local unit or this state to convey any interest in the property that the local unit or this state holds to the adjacent landowners, or, if the interest is nontransferable, to relinquish control over the property to the adjacent landowners.
(19) Proceedings under subsection (13), (14), (15), or (16) shall must be initiated by application of 7 owners of record title of land in the local unit who own land within 1 mile of the road ending to the circuit court for the county in which the road ending is located. The applicants in the proceedings under subsection (13), (14), (15), (16), (17), or (18) shall give the persons described in subsection (5) notice of the application by registered mail.
Sec. 19b. (1) A person, partnership, association, corporation, or governmental entity shall not construct, operate, maintain, or remove a facility or perform any other work within the right-of-way of a county road, except sidewalk installation and repair, without first obtaining a permit from the county road commission having jurisdiction over the road and from the township, city, or village in which the county road is located when a permit is required by ordinance of the township, city, or village, under the authority conferred by section 29 of article VII of the state constitution of 1963. The adjacent property owner is not required to obtain a permit for work incidental to the maintenance of the right-of-way lying outside of the shoulder and roadway.
(2) A Before January 1, 2022, a county road commission and a local unit of government may adopt, after a public hearing of which notice has been given by publication at least twice in a newspaper circulated in the county not more than 30 days nor less than 7 days before the hearing, reasonable permit requirements and, subject to subsections (6) and (7), a schedule of fees to be charged sufficient to cover only the necessary and actual costs applied in a reasonable manner for issuing the permit and for review of the proposed activity, inspection, and related expenses. Beginning January 1, 2022, after a public hearing of which public notice has been posted as set forth in the local government public notice act not more than 30 days or less than 7 days before the hearing, a county road commission and a local unit of government may adopt reasonable permit requirements and, subject to subsections (6) and (7), a schedule of fees to be charged sufficient to cover only the necessary and actual costs applied in a reasonable manner for issuing the permit and for reviewing the proposed activity, inspection, and related expenses. In addition, a county road commission and a local unit of government may adopt a schedule of civil fines that can be imposed on a provider that performs work in a right-of-way without obtaining a permit as required under this section or that fails to maintain a security bond, right-of-way bond, or irrevocable letter of credit as required under this section during construction work within the right-of-way. The amount of a civil fine imposed on a provider must not exceed $5,000.00 per violation, and a civil fine must not be imposed on a provider if the work is required in a right-of-way on an emergency basis to restore services impacting public safety. After the work authorized in the permit has been completed, itemization of all costs must be supplied upon request of the permit holder.
(3) When a road commission adopts procedures for issuing permits or adopts a schedule of fees as provided in this section, separate procedures and fee schedules must be adopted for issuing annual and emergency permits that reflect the minimal administrative burden of issuing an annual permit for frequent but routine and unobtrusive work such as surveying and the extraordinary emergency repairs to municipal or public utilities.
(4) A county road commission may not refuse a permit requested by a government entity for the installation of a facility or utility owned by that government entity if security is given by the permittee or its contractor to the county road commission sufficient to insure restoration of the road and appurtenances to the road and the adjacent right-of-way to a condition reasonably equal to or better than that existing before that installation.
(5) A county road commission shall not require a provider to perform or, except as otherwise provided in this section, pay for any topographic, boundary, environmental, or other kind of survey, study, or analysis of a right-of-way as a condition of or in connection with issuing a permit. A county road commission may require a provider to submit detailed engineering plans directly related to work in the right-of-way by that provider as a condition of or in connection with issuing a permit. In addition to any permit fees, a county road commission may require a provider to pay for any necessary and actual costs for inspections related to work in a right-of-way by that provider.
(6) A county road commission shall not charge a government entity or, except as otherwise provided in this section, a provider a permit fee exceeding $300.00 per permit or, except as otherwise provided in this section, $1,000.00 total for all permit fees per project. In a county with a population of more than 250,000, a county road commission shall not charge a provider a permit fee exceeding $600.00 per permit or, except as otherwise provided in this section, $2,000.00 total for all permit fees per project.
(7) Except as otherwise provided in this section, a county road commission shall not require a provider to obtain a permit for performing routine maintenance or repair work, as defined in the permit, in a right-of-way more than once a year, and shall not charge a provider an annual permit fee exceeding $300.00 for that permit for performing routine maintenance or repair work in a right-of-way. In a county with a population of more than 250,000, a county road commission shall not require a provider to obtain a permit for performing routine maintenance or repair work, as defined in the permit, in a right-of-way more than once a year, and shall not charge a provider an annual permit fee exceeding $600.00 for that permit for performing routine maintenance or repair work in a right-of-way. The annual permit fee provided in this subsection is not included in the permit fee limitation provided in subsection (6).
(8) This section does not authorize a county road commission to require a permit for a driveway or routine maintenance in silvicultural operations that are otherwise permissible under the laws of this state. A county road commission shall not be held liable for the failure of a person performing work for which a permit is not required on a county road right-of-way to post a sign that gives advance warning of the work being performed in the right-of-way. As used in this subsection, "silvicultural operations" means silvicultural practices as that term is defined in section 51101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.51101.
(9) Except as otherwise provided in this section, a county road commission shall not require a provider to have more than 1 security bond or right-of-way bond to secure the performance of the conditions of all permits issued that authorize the provider to construct, operate, maintain, or remove a facility or perform any other work anywhere within the right-of-way, as designated in the permits, of any road under the jurisdiction of the county road commission. The provider shall determine whether the security bond or right-of-way bond described in this subsection is an insurance bond or a cash bond. A county road commission shall not require the security bond or right-of-way bond to be a cash bond. Except as otherwise provided in this section, the amount of a security bond or right-of-way bond described in this subsection must not exceed $20,000.00. In a county with a population of more than 250,000, the amount of a security bond or right-of-way bond described in this subsection must not exceed $40,000.00. Upon the request of a provider, the county road commission shall return a security bond or right-of-way bond to the provider within 120 days after the provider completes construction work in the right-of-way. Instead of providing a security bond or right-of-way bond, a provider may provide security that consists of an irrevocable letter of credit issued by a state or federally regulated financial institution licensed to do business in this state to secure the performance of the conditions of all permits issued that authorize the provider to construct, operate, maintain, or remove a facility or perform any other work anywhere within the right-of-way, as designated in the permits, of any road under the jurisdiction of the county road commission. Notwithstanding the limitation in this subsection requiring only 1 security bond or right-of-way bond, if there is a claim made against the bond, the provider must provide the county road commission with another security bond or right-of-way bond in order to continue working in that county. A bond required under this subsection must be from a state or federally regulated entity licensed to do business in this state.
(10) A provider shall maintain general liability insurance with minimum policy limits of $2,000,000.00 per occurrence for property damage and $2,000,000.00 per occurrence for bodily injury that apply to all claims, demands, suits, or causes of action arising in connection with or as a direct result of the provider's use and occupancy of a right-of-way under the jurisdiction of a county road commission.
(11) This section does not prohibit a county road commission and a provider from entering into a voluntary agreement regarding right-of-way access that includes permits, terms, and conditions that are different than the requirements or limitations imposed by this section, including, but not limited to, the amount of permit fees, terms of insurance, the size or number of security bonds or right-of-way bonds, or other valuable consideration. A county road commission that enters a voluntary agreement to access the rights-of-way with 1 provider shall offer similar terms and conditions regarding access to the rights-of-way to other providers.
(12) Except if work is required in a right-of-way on an emergency basis to restore services impacting public safety, a provider that performs work in a right-of-way without obtaining a permit as required under this section or that fails to maintain a security bond, right-of-way bond, or irrevocable letter of credit as required under this section during construction work within the right-of-way is responsible for a civil fine of not more than $5,000.00 per violation as provided in the schedule of civil fines adopted under subsection (2).
(13) As used in this section:
(a) "County road commission" means the board of county road commissioners elected or appointed pursuant to section 6 of this chapter, or, in the case of a charter county with a population of 750,000 or more with an elected county executive that does not have a board of county road commissioners, the county executive for ministerial functions and the county commission provided for in section 14(1)(d) of 1966 PA 293, MCL 45.514, for legislative functions. In addition, if a board of county road commissioners is dissolved as provided in section 6 of this chapter, county road commission includes the county board of commissioners of the county.
(b) "Provider" means either of the following:
(i) A telecommunication provider as that term is defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
(ii) A video service provider as that term is defined in section 1 of the uniform video services local franchise act, 2006 PA 480, MCL 484.3301.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
