Bill Text: MI HB6425 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Highways: construction and repair; public notice of appointment of special road commissioner; revise to require notice as provided in the local government public notice act. Amends secs. 18 & 61 of 1915 PA 59 (MCL 247.418 & 247.461).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6425 Detail]
Download: Michigan-2019-HB6425-Introduced.html
HOUSE BILL NO. 6425
November 12, 2020, Introduced by Reps. Bolden,
Meerman, Coleman and Steven Johnson and referred to the Committee on
Government Operations.
A bill to amend 1915 PA 59, entitled
"An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken,"
by amending sections 18 and 61 (MCL 247.418 and 247.461).
the people of the state of michigan enact:
Sec. 18. On the completion of the roll, apportioning the per cent of benefits to be paid by the respective parties and municipalities, the county road commissioners or the state highway commissioner director of the state transportation department shall give notice of a review of the roll by advertising and posting. , of a review of said roll. Notice Until January 1, 2022, notice of such the hearing shall must be given by publishing a notice thereof, of the hearing by at least 2 insertions in some a newspaper published and of general circulation in the county, if there is one, . Such notice shall be so published at least once not less than 10 days prior to before the hearing. If there is no such newspaper within published and of general circulation in the county, then the publishing of such the notice will is not be necessary. The Until January 1, 2022, the county road commissioners or the state highway commissioner director of the state transportation department shall also give notice of such the hearing by posting notices thereof of the hearing in 5 conspicuous and public places in each township where the special assessment district is located , within the limits of said the special assessment district at least 10 days prior to such before the hearing, . They and shall also serve notice of such the hearing upon each township or city to be assessed, and upon the county , in case if the same township or city to be assessed is operating under the county road system, at least 10 days prior to such before the hearing. Such The notice may be served upon the clerks of the county or townships, respectively, as notice to such the county or townships. Beginning January 1, 2022, notice of a hearing under this section must, at least 10 days before the hearing, be posted as provided in the local government public notice act.
Sec. 61. (1) If a county road commissioner is interested in the improvement of a highway, or is for any reason disqualified to act on the improvement of a highway, then the remaining county road commissioner or commissioners , shall proceed with the work. The action of the county road commissioner or commissioners not interested shall be is valid and effective. If a county road commissioner is disqualified to act upon a proposed improvement, the facts shall that fact must be entered upon the records of the county road commissioners. If all of the members of the board of county road commissioners are disqualified for any reason from acting on an application, a special road commissioner may be appointed by the probate judge of probate. in that county. If a disqualification of all of the members of the board of county road commissioners is made, are disqualified, the board of county road commissioners to whom a petition is addressed immediately shall immediately transmit the petition to the probate judge of probate of that county with a certified statement as to the fact of the disqualification, or the petition , in the first instance, may be submitted to the probate judge of probate of that county accompanied by a certified statement of an elector of the county as to the fact of disqualification, with a request that a special road commissioner be appointed for the purposes of the application.
(2) The probate judge of probate of that county shall then appoint a day for hearing on the question of making the appointment. Due Before January 1, 2022, notice of the hearing shall must be printed in a newspaper of general circulation in the county, or counties, in which the special assessment district is located, not less than 10 days before the day of hearing. Beginning January 1, 2022, notice of the hearing under this subsection must, at least 10 days before the hearing, be posted as provided in the local government public notice act. The publication shall be all or posting is the only notice required as to the hearing. On the appointed day, or on a subsequent day to which adjournment is made, the probate judge of probate of that county shall determine whether or not all the members of the board of county road commissioners are in fact disqualified. If the probate judge of that county finds that to be the case, the judge immediately all of the members of the board of county road commissioners are disqualified, he or she shall immediately appoint a special road commissioner, invested with all the rights, powers, duties, and obligations granted to or conferred upon the board of county road commissioners by this act for the purposes of the application for the improvement of a highway under this act.
(3) If it is found on the probate judge of that county finds at the hearing , that all the members of the board of county road commissioners are not in fact disqualified to act, the probate judge of probate shall certify accordingly that all the members of the board of county road commissioners are not in fact disqualified to act and immediately shall immediately transmit the application to the board of county road commissioners, and the board or the members of the board who are not disqualified , shall proceed as provided in this act.
(4) As determined by the county board of commissioners, a special road commissioner appointed in accordance with under this section , either shall must be covered by a blanket bond or shall be required to give a bond in a reasonable amount and with sureties as directed and approved by the sureties the probate judge of probate directs and approves. of that county. The special commissioner shall receive compensation for time actually expended by him or her, added to his or her reasonable expenses, out of the funds of the special assessment district as fixed by the county board of commissioners or by the board of county auditors , in a county having that a board of county auditors.
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.
