SB-1383, As Passed House, December 8, 2004

SUBSTITUTE FOR

SENATE BILL NO. 1383

                                                                             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 section 10 (MCL 224.10), as amended by 2003 PA 137.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 10.  (1) The clerk and the members of a board of county                

2   road commissioners are subject to 1968 PA 317, MCL 15.321 to                

3   15.330.                                                                     

4       (2) The board of county road commissioners shall employ a                   

5   competent county highway engineer who shall make surveys ordered            

6   by the board, prepare plans and specifications for roads,                   

Senate Bill No. 1383 (S-1) as amended December 8, 2004

1   bridges, and culverts, and exercise general supervision over               

2   construction to insure that the plans and specifications are               

3   strictly followed.  Two or more adjoining counties may employ the          

4   same engineer, if the work in 1 or more of the counties is not             

5   enough to employ the whole time of the engineer.  The engineer             

6   employed by the board shall be known as the county highway                 

7   engineer.                                                                  

8       (3) The board may also engage other professional and                       

9   consultant services as it considers necessary to implement this            

10  act and promote efficiency and economy in the operation of the             

11  county road system.  The board may also employ other necessary             

12  laborers and may purchase machines, tools, appliances, and                 

13  materials which it considers necessary or convenient for the               

14  performance of work by the laborers.  In cases involving the               

15  expenditure of an amount greater than  $10,000.00 [$15,000.00] for        

16  the purchase of machines, tools, appliances, and materials, the            

17  board of county road commissioners shall advertise for sealed              

18  proposals for the machines, tools, appliances, and materials               

19  proposed to be purchased, except under emergency conditions, in            

20  which case the limit shall not exceed  $20,000.00 $50,000.00.             

21  All purchases made under this section shall be compiled                    

22  separately for purposes of board approval.  The board shall                

23  advertise for sealed proposals for the purchase of passenger               

24  vehicles and trucks weighing less than 5,000 pounds.  The board            

25  may purchase surplus properties from the state and federal                 

26  governments without advertising for sealed proposals.                      

27      (4) Each county road commission shall take all reasonable                  

1   steps to ensure minority business enterprises have the equal                

2   opportunity to compete and perform contracts or purchases of                

3   services, or both, for the county road commission.  The county              

4   road commission shall issue a plan for implementing this                    

5   subsection.                                                                 

6       (5) A county road commission may enter into a contract or                   

7   agreement for the purchase of real or personal property for                 

8   public purposes, to be paid for in installments over a period not           

9   to exceed 15 years or the useful life of the property acquired,             

10  whichever is less.  Real or personal property purchased under               

11  this act may serve as collateral in support of the purchase,                

12  contract, or agreement.   The outstanding balance of all                    

13  purchases authorized under this act shall not exceed 1-1/4% of              

14  the value of the road commission's capital assets and                       

15  infrastructure as determined by a capitalized asset inventory.