September 9, 2014, Introduced by Rep. Crawford and referred to the Committee on Local Government.
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
In establishing a system of seasonal county roads, a board of
county
road commissioners may declare a road
under the its
jurisdiction
of the board to not be open to public travel during
the
months of November through April, which and that road shall
then not be open to public travel.
(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 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, 2015, notice of
the public hearing shall 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 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 not be open to public
travel. Beginning January 1, 2015, no less than 7 days and no more
than 14 days before the hearing, notice shall be given to the clerk
of the county and of each city, village, or township in which the
roads are situated and to the public using tier C public notice as
provided in the local government public notice act. The business
which
the board may perform performs at
the public hearing shall 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 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 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 A map maintained and
displayed under this subsection shall 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 describe the
roads as seasonal county roads.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.