HOUSE BILL No. 4448

 

 

April 11, 2019, Introduced by Reps. Howell and Albert and referred to the Committee on Local Government and Municipal Finance.

 

     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 2019 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 2019 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.