November 27, 2018, Introduced by Rep. Albert and referred to the Committee on Financial Liability Reform.
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 20b of chapter IV (MCL 224.20b).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 20b. (1) Notwithstanding any other provision of this act,
the board of commissioners of any county by proper resolution may
submit
to the electorate electors
of the county at any general or
special election the question of a tax levy for highway, road, and
street purposes or for 1 or more specific highway, road, or street
purposes, including, but not limited to, bridges, as may be
specified by the board. In addition, for any proposed tax levy
authorized under this subsection that is submitted to the electors
of the county after the effective date of the 2018 amendatory act
that amended this section, the question of the tax levy may include
funding for the unfunded actuarial accrued liability of a
retirement system of the county road commission in that county.
(2) Unless otherwise agreed by the governing bodies of the
cities and villages and the board of county road commissioners, the
revenues
derived from the tax levy authorized by this section shall
must be allocated and distributed by the county treasurer as
follows:
(a) To the county road fund:
(i) A percentage of the total revenues equal to the proportion
that the state equalized valuation of the unincorporated area of
the county bears to the total state equalized value of the county.
(ii) A percentage of the remainder of the revenues equal to
the proportion that the county primary road mileage within cities
and villages bears to the total of the city and village major
street mileage in the county plus the county primary road mileage
within cities and villages in the county. The mileages to be used
are the most recent mileages as certified by the state highway
commission.
(b)
The remaining revenues shall must
be distributed to the
cities and villages in the proportion that the state equalized
valuation of each bears to the total state equalized valuation of
the incorporated areas of the county.
(3)
The revenues allocated to the cities and villages shall
must be expended exclusively for highway, road, and street
purposes.
The Except as otherwise
provided in this subsection, the
revenues
allocated to the county road fund shall must be expended
by the board of county road commissioners exclusively for highway,
road, and street purposes. For any tax levy authorized under
subsection (1) that is approved by the electors of the county after
the effective date of the 2018 amendatory act that amended this
section, the revenues from that tax levy allocated to the county
road fund may also be expended by the board of county road
commissioners for funding the unfunded actuarial accrued liability
of a retirement system of the county road commission in that
county.
(4)
Notwithstanding the provisions of section 22 of this
chapter,
section 7 of Act No. 156 of the Public Acts of 1851, as
amended,
being section 46.7 of the Compiled Laws of 1948, or
section
1 of Act No. 28 of the Public Acts of 1911, being section
141.71
of the Compiled Laws of 1948, a board of county
commissioners
shall not submit to the electorate of the county the
question
of a tax levy for any highway, road or street purpose,
including
but not limited to bridges, nor submit the question of
borrowing
money for any such purpose, to be voted upon at any
election
held on or after September 1, 1971 unless the revenues or
proceeds
are allocated and distributed in the same manner as the
revenues
derived from a tax levy authorized by this section.