HOUSE BILL No. 5962


     April 25, 2002, Introduced by Reps. Bishop and 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,"

   by amending section 5 (MCL 247.855), as amended by 1980 PA 12,

   and by adding section 3a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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

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        ERNING BODY OF A CITY OR VILLAGE WITHIN THAT COUNTY TRANSFER

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        JURISDICTION OF A ROAD THAT WAS ONCE UNDER THE JURISDICTION OF

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        THE BOARD OF COUNTY ROAD COMMISSIONERS BACK TO THE BOARD OF

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        COUNTY ROAD COMMISSIONERS IF THE BOARD OF COUNTY ROAD COMMISSION-

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        ERS MAKES ALL OF THE FOLLOWING FINDINGS:





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             (A) THE ROAD HAS BEEN BLOCKED OR CLOSED FOR MORE THAN 6

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        MONTHS WITHOUT A LEGITIMATE REASON.  THE FACT THAT A CITY OR

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        VILLAGE HAS JURISDICTION OVER THE ROAD AT THE TIME OF THE REQUEST

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        OF THE BOARD OF COUNTY ROAD COMMISSIONERS IS NOT A LEGITIMATE

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        REASON FOR BLOCKING THE ROAD.

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

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        SHOULD NOT BE BLOCKED.

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             (C) THE ROAD IS USED TO SERVE MORE THAN 1 CITY OR VILLAGE

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        WITHIN THE COUNTY.

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

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

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

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        VILLAGE THAT HAS JURISDICTION OVER THE ROAD.

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             (3) IF WITHIN 30 DAYS AFTER A WRITTEN REQUEST IS RECEIVED BY

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

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

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        JURISDICTION OF THE ROAD OR DOES NOT ARTICULATE A LEGITIMATE

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

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        SIONERS MAY INITIATE PROCEEDINGS TO TRANSFER JURISDICTION OF THE

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        ROAD BACK TO THE COUNTY BOARD OF ROAD COMMISSIONERS UNDER THIS

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        ACT.

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             Sec. 5.  (1) The business  which  THAT the board may perform

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        shall be conducted at a public meeting of the board held in com-

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        pliance with  Act No. 267 of the Public Acts of 1976, as amended,

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        being sections 15.261 to 15.275 of the Michigan Compiled Laws

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        THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.  Public

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        notice of the time, date, and place of the meeting shall be given



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        in the manner required by  Act No. 267 of the Public Acts of

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        1976, as amended  THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261

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        TO 15.275.  The chairperson of the board shall immediately fix a

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        date and place for convening the board to hear the testimony of

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        the parties to the proposed transfer of highway jurisdiction and

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        shall notify the parties.  The date selected shall be not more

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        than 30 days after selection of the chairperson.

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             (2) The board shall convene on the date and at the place

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        fixed by the chairperson and shall hear testimony and receive

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        evidence from the parties to the proposed transfer of highway

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        jurisdiction, from local and regional planning bodies if appro-

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        priate and from other sources who desire to appear or present

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        testimony.  The board may reconvene at times and places as deter-

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        mined by the chairperson, in compliance with  Act No. 267 of the

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        Public Acts of 1976, as amended  THE OPEN MEETINGS ACT, 1976

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        PA 267, MCL 15.261 TO 15.275.  IN A PROCEEDING INITIATED UNDER

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        SECTION 3A, IF THE PARTY REQUESTING TRANSFER DEMONSTRATES TO THE

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        BOARD'S SATISFACTION THE FINDING REQUIRED UNDER SECTION 3A(1)(A),

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        THEN THE PARTY OPPOSING TRANSFER MAY REBUT THE DEMONSTRATION BY

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        REBUTTING THE DEMONSTRATION OF THE PARTY REQUESTING TRANSFER CON-

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        CERNING THE FINDING REQUIRED UNDER SECTION 3A(1)(A) AND BY DEMON-

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        STRATING TO THE BOARD'S SATISFACTION THAT THE FINDINGS REQUIRED

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        UNDER SECTION 3A(1)(B) AND (C) HAVE NOT BEEN SATISFIED.  THE

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        BOARD SHALL RENDER A DECISION IN FAVOR OF THE PARTY REQUESTING

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        TRANSFER IF THE PARTY OPPOSING TRANSFER IS UNABLE TO REBUT THE

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        DEMONSTRATION OF THE PARTY REQUESTING TRANSFER UNDER SECTION

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        3A(1)(A) OR IS UNABLE TO DEMONSTRATE THAT THE FINDINGS REQUIRED



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        UNDER SECTION 3A(1)(B) AND (C) HAVE NOT BEEN SATISFIED. Two

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        members  shall  constitute a quorum and the affirmative vote of 2

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        members is necessary for a final determination of the dispute.

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        If a member of the board becomes unable to perform the member's

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        duties as a board member, a new member shall be selected as pre-

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        scribed in this act.












































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