HOUSE BILL No. 4275


     February 16, 1999, Introduced by Rep. Kukuk and referred to the Committee on Tax Policy.


        A bill to amend 1931 PA 246, entitled

   "An act to provide for the construction, repair, and maintenance
   of pavements, sidewalks, and elevated structures on or along
   public roads and highways; to provide for the levying of taxes
   and of special assessments; to authorize the borrowing of money
   and the issuance of bonds; to prescribe the powers and duties of
   certain state and local agencies and officers; to validate
   actions taken, special assessments levied, and bonds issued; and
   to provide for the lighting of certain roads, highways, and
   bridges,"

   by amending section 20 (MCL 41.290), as added by 1989 PA 80.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 20.  (1) Notwithstanding sections 19 through 19d, the

 2    board of county road commissioners of a county operating under

 3    the county road system may provide for the lighting  ,  by arti-

 4    ficial means, of roads, highways, and bridges under its jurisdic-

 5    tion, located outside of the limits of incorporated cities and

 6    villages.  The township board or boards of a township or

 7    townships in which county roads, highways, and bridges are


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 1    located may also provide for the lighting  ,  by artificial

 2    means.  Boards of county road commissioners and township boards

 3    may also provide for the lighting by joint action, and by divid-

 4    ing the expense of the lighting between the county or counties

 5    and the township or townships affected as  may be  determined by

 6    A joint meeting of the boards.  The board of county road commis-

 7    sioners or township board, acting separately or in conjunction

 8    with other boards of county road commissioners or with a township

 9    board or township boards, may enter into a contract with a person

10    for a period not exceeding 10 years for the lighting  upon  ON

11    terms and conditions  as may be  agreed upon, and may also con-

12    tract for the extensions of lines or service to furnish the

13    lighting.  The boards of county road commissioners may pay from

14    available highway funds under their control and jurisdiction

15     sums  AN AMOUNT required to provide for the extensions and TO

16    furnish the lighting.  If funds are not available, the board of

17    county road commissioners shall submit to the county board of

18    commissioners a statement and budget designating the roads, high-

19    ways, and bridges to be lighted, and the estimated cost of the

20    lighting.  At the next October session of the county board of

21    commissioners, the board shall pass  upon  ON the statement and

22    budget, and, if a majority of the county board of commissioners

23    agree, the  sum  AMOUNT required shall be apportioned among the

24    several townships and cities of the county.  BEFORE 1999, THE SUM

25    REQUIRED SHALL BE APPORTIONED AMONG THE SEVERAL TOWNSHIPS AND

26    CITIES OF THE COUNTY according to their equalized valuation.

27    AFTER 1998, THE SUM REQUIRED SHALL BE APPORTIONED AMONG THE



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 1    SEVERAL TOWNSHIPS AND CITIES OF THE COUNTY ACCORDING TO THEIR

 2    TAXABLE VALUE. The supervisors or other assessing officers in the

 3    townships and cities shall levy and apportion the tax  so  appor-

 4    tioned as provided in this section, to their respective townships

 5    and cities.  BEFORE 1999, AN AD VALOREM SPECIAL ASSESSMENT LEVIED

 6    UNDER THIS ACT SHALL BE LEVIED AND APPORTIONED ACCORDING TO THE

 7    STATE EQUALIZED VALUATION OF THE PROPERTY ASSESSED.  AFTER 1998,

 8    AN AD VALOREM SPECIAL ASSESSMENT LEVIED UNDER THIS ACT SHALL BE

 9    LEVIED AND APPORTIONED ACCORDING TO THE TAXABLE VALUE OF THE

10    PROPERTY ASSESSED. The tax shall be collected and paid to the

11    county treasurer and disbursed by him or her  upon  ON orders of

12    the board of county road commissioners,  the orders to be  signed

13    by the chairperson and countersigned by the clerk of the board.

14    The county board of commissioners shall raise  a sum which  AN

15    AMOUNT THAT, together with the other funds available, is suffi-

16    cient to provide the lighting for which the facilities have,

17    under an existing contract, been previously installed and

18    operated.

19         (2) With the approval of the director of the state transpor-

20    tation department, boards of county road commissioners and town-

21    ship boards, acting together or separately, may, with respect to

22    state trunk line highways and bridges located in whole or in part

23    within their respective counties and townships, provide for the

24    lighting of these highways and bridges by artificial means and

25    may contract in the same manner as for county roads.  In  such 

26    THAT case, the entire expense shall be borne by the boards of

27    county road commissioners or township boards, or by both.



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 1         (3) AS USED IN THIS SECTION, "TAXABLE VALUE" MEANS THAT

 2    VALUE DETERMINED UNDER SECTION 27A OF THE GENERAL PROPERTY TAX

 3    ACT, 1893 PA 206, MCL 211.27A.

 4         (4) IF THE LEVY OF AN AD VALOREM SPECIAL ASSESSMENT ON THE

 5    TAXABLE VALUE OF THE PROPERTY ASSESSED IS FOUND TO BE INVALID BY

 6    A COURT OF COMPETENT JURISDICTION, THE LEVY OF THE AD VALOREM

 7    SPECIAL ASSESSMENT MAY BE LEVIED ON THE PROPERTY'S STATE EQUAL-

 8    IZED VALUATION.








































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