HOUSE BILL No. 4015


     January 25, 2001, Introduced by Rep. Gosselin and referred to the Committee on Transportation.


        A bill to amend 1969 PA 296, entitled

   "An act to provide for the transfer of jurisdiction over high-
   ways; to provide for the final determination of disputes involv-
   ing transfers of highway jurisdiction; and to supersede certain
   acts and parts of acts,"

   (MCL 247.851 to 247.861) by adding section 3a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           SEC. 3A.  (1) IN A COUNTY WITH A POPULATION OVER 1,000,000,

 2
      THE BOARD OF COUNTY ROAD COMMISSIONERS MAY REQUEST THAT THE GOV-

 3
      ERNING BODY OF A CITY OR VILLAGE WITHIN THAT COUNTY TRANSFER

 4
      JURISDICTION OF A ROAD THAT WAS ONCE UNDER THE JURISDICTION OF

 5
      THE BOARD OF COUNTY ROAD COMMISSIONERS BACK TO THE BOARD OF

 6
      COUNTY ROAD COMMISSIONERS IF THE BOARD OF COUNTY ROAD COMMISSION-

 7
      ERS MAKES BOTH OF THE FOLLOWING FINDINGS:

 8
           (A) THE ROAD HAS BEEN BLOCKED FOR MORE THAN 6 MONTHS WITHOUT

 9
      A LEGITIMATE REASON.  THE FACT THAT A CITY OR VILLAGE HAS



   00124'01                                                 KDD                                   2

 1
      JURISDICTION OVER THE ROAD AT THE TIME OF THE REQUEST OF THE

 2
      BOARD OF COUNTY ROAD COMMISSIONERS IS NOT A LEGITIMATE REASON FOR

 3
      BLOCKING THE ROAD.

 4
           (B) FOR PURPOSES OF HEALTH, SAFETY, AND WELFARE, THE ROAD

 5
      SHOULD NOT BE BLOCKED.

 6
           (2) THE REQUEST OF THE BOARD OF COUNTY ROAD COMMISSIONERS

 7
      FOR A TRANSFER OF JURISDICTION UNDER SUBSECTION (1) SHALL BE MADE

 8
      IN WRITING AND ADDRESSED TO THE GOVERNING BODY OF THE CITY OR

 9
      VILLAGE THAT HAS JURISDICTION OVER THE ROAD.

10
           (3) IF WITHIN 90 DAYS AFTER A WRITTEN REQUEST IS RECEIVED BY

11
      A GOVERNING BODY OF THE CITY OR VILLAGE UNDER SUBSECTION (1) THE

12
      GOVERNING BODY OF A CITY OR VILLAGE DOES NOT CONSENT TO TRANSFER

13
      JURISDICTION OF THE ROAD OR DOES NOT ARTICULATE A LEGITIMATE

14
      REASON FOR BLOCKING THE ROAD, THE BOARD OF COUNTY ROAD COMMIS-

15
      SIONERS MAY INITIATE PROCEEDINGS TO TRANSFER JURISDICTION OF THE

16
      ROAD BACK TO THE COUNTY BOARD OF ROAD COMMISSIONERS UNDER THIS

17
      ACT.























   00124'01          Final page.                            KDD