Bill Text: MI HB6424 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Highways: other; public notice of inclusion or exclusion of roads in a seasonal county road system; revise to require notice as provided in the local government public notice act. Amends sec. 5a of 1951 PA 51 (MCL 247.655a).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6424 Detail]
Download: Michigan-2019-HB6424-Introduced.html
HOUSE BILL NO. 6424
November 12, 2020, Introduced by Reps. Bolden,
Meerman, Coleman and Steven Johnson and referred to the Committee on
Government Operations.
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 If a board of county road commissioners declares a road under the its jurisdiction of the board to not be open to public travel during the months of November through April, which that road shall then is not be open to public travel during those months.
(2) The seasonal county road system shall include includes any road under the jurisdiction of the board of county road commissioners which that the board determines shall is not be open to public travel each year for a period of less than 12 months. The system of seasonal county roads shall must 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 Before January 1, 2022, notice of the public hearing shall must 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, with the first notice to be given not less than 30 days before the hearing and the second notice given not less than 7 days before the hearing. The notice shall must 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 are not be open to public travel. Beginning January 1, 2022, no less than 7 days and no more than 14 days before the hearing, notice must be given to the clerk of the county and of each city, village, or township in which the roads are situated and posted as provided in the local government public notice act. The business which the board may perform performs at the public hearing shall must 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. In addition to the other notices required by this subsection, public the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the hearing shall must be given provided in the same manner required by Act No. 267 of the Public Acts of 1976, as amended. section 5 of the open meetings act, 1976 PA 267, MCL 15.265. 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, the road shall be is excluded for purposes of the distribution of snow removal funds money under section 12a.
(5) A road included as part of the seasonal county road system shall be is excluded for the purposes of determining the distribution of funds money under sections 12(4) and 12b for each year in which the road is part of the seasonal county road system.
(6) A map shall must 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 shall A map maintained and displayed under this subsection must also inform the public of the dates the road or road shall roads are not open to public travel.
(7) The board shall place and maintain signs on all roads designated as seasonal county roads , which signs shall that describe the roads as seasonal county roads.
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.
