HOUSE BILL No. 5941


     September 26, 2000, Introduced by Rep. Stamas 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 sections 1, 2, and 10 (MCL 247.851, 247.852, and

   247.860).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  As used in this act:

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           (a) "Highway authority" means the state highway commission,

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      a board of county road commissioners, A TOWNSHIP BOARD, or the

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      governing body of a city or village.

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           (b) "Highway" means a highway, road or street.

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           (c) "Board" means the highway jurisdiction determination

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      board.





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           Sec. 2.  The provisions of any law to the contrary

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      notwithstanding, a highway may not  not [sic]  be transferred

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      from the jurisdiction of the state to a county, TOWNSHIP, city,

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      or village or from a county to a TOWNSHIP, city, or village with-

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      out the consent of both parties, except as provided by this act.

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      The consent shall be evidenced by a written agreement entered

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      into after approval by resolution of each highway authority that

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      is party to the agreement.  The agreement shall identify the

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      effective date of the transfer of jurisdiction, the limits and

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      general description of the highway involved, the extent of

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      improvements and other terms and conditions mutually agreed to.

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      The agreement may be amended, superseded or voided by consent of

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      both parties.  If the proposed transfer of jurisdiction is depen-

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      dent on the future opening of a new, relocated highway and a def-

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      inite effective date cannot be ascertained and agreed to at the

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      time the agreement is entered into, the transfer shall be effec-

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      tive upon the opening of the new highway unless otherwise pro-

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      vided in the agreement.

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           Sec. 10.  The provisions of this act  shall  DO not apply to

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      the transfer of jurisdiction over county roads in unincorporated

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      areas  which  THAT become incorporated through annexation,

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      incorporation, or consolidation after  the effective date of this

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      act and which  MARCH 20, 1970 AND THAT are transferred to the

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      TOWNSHIP, city, or village jurisdiction within 1 year after the

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      date of the annexation, incorporation, or consolidation.







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