SB-0399, As Passed Senate, June 9, 2016
SUBSTITUTE FOR
SENATE BILL NO. 399
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 19b of chapter IV (MCL 224.19b), as added by
1980 PA 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 19b. (1) A person, partnership, association, corporation,
or governmental entity shall not construct, operate, maintain, or
remove
a facility or perform any other work within the right of way
right-of-way of a county road, except sidewalk installation and
repair, without first obtaining a permit from the county road
commission having jurisdiction over the road and from the township,
city, or village in which the county road is located when a permit
is required by ordinance of the township, city, or village,
pursuant
to authority conferred by article VII, section 29 of
article
VII of the Michigan state constitution
of 1963. The
adjacent
property owner shall is not be required to obtain a permit
for
work incidental to the maintenance of the right of way right-
of-way lying outside of the shoulder and roadway.
(2) A county road commission and a local unit of government
may adopt, after a public hearing of which notice has been given by
publication at least twice in a newspaper circulated in the county
not
more than 30 days nor less than 7 days prior to before the
hearing, reasonable permit requirements and, subject to subsection
(5), a schedule of fees to be charged sufficient to cover only the
necessary
and actual costs applied in a reasonable manner for the
issuance
of issuing the permit and for review of the proposed
activity, inspection, and related expenses. After the work
authorized in the permit has been completed, itemization of all
costs shall be supplied upon request of the permit holder.
(3)
When a road commission adopts procedures for the issuance
of
issuing permits or adopts a schedule of fees in accordance
with
the
provisions of this section,
separate procedures and fee
schedules
shall be adopted for the issuance of issuing annual and
emergency
permits which that reflect the minimal administrative
burden of issuing an annual permit for frequent but routine and
unobtrusive work such as surveying and the extraordinary emergency
repairs to municipal or public utilities.
(4) A county road commission may not refuse a permit requested
by a government entity for the installation of a facility or
utility owned by that government entity if security is given by the
permittee or its contractor to the county road commission
sufficient to insure restoration of the road and appurtenances
thereto
and adjacent right of way right-of-way
to a condition
reasonably
equal to or better than that existing prior to such
before
that installation. nor
may a
(5) A county road commission shall not charge a government
entity or a provider a permit fee exceeding $300.00 per permit or
$1,000.00 total for all permits per project.
(6) Subject to this subsection, a county road commission shall
not require a provider to have more than 1 security bond or right-
of-way bond from a state or federally regulated entity to secure
the performance of the conditions of all permits issued that
authorize the provider to construct, operate, maintain, or remove a
facility or perform any other work anywhere within the right-of-way
of any road under the jurisdiction of the county road commission.
The provider shall determine whether the security bond or right-of-
way bond described in this subsection is an insurance bond or a
cash bond. A county road commission shall not require the security
bond or right-of-way bond to be a cash bond. The amount of a
security bond or right-of-way bond described in this subsection
shall not exceed $20,000.00. Upon the request of a provider, the
county road commission shall return a security bond or right-of-way
bond to the provider within 60 days after the provider completes
construction work in the right-of-way. Instead of providing a
security bond or right-of-way bond, a provider may provide security
that consists of an irrevocable letter of credit issued by a state
or federally regulated financial institution to secure the
performance of the conditions of all permits issued that authorize
the provider to construct, operate, maintain, or remove a facility
or perform any other work anywhere within the right-of-way of any
road under the jurisdiction of the county road commission.
(7) A provider shall maintain general liability insurance with
minimum policy limits of $1,000,000.00 per occurrence for property
damage and $1,000,000.00 per occurrence for bodily injury that
apply to all claims, demands, suits, or causes of action arising in
connection with or as a direct result of the provider's use and
occupancy of a right-of-way under the jurisdiction of a county road
commission. The county road commission shall not require the
provider to furnish a policy of general liability insurance naming
the county, the county road commission, its officers, employees,
and others as additional insureds.
(8) As used in this section:
(a) "County road commission" means the board of county road
commissioners elected or appointed pursuant to section 6 of this
chapter, or, in the case of a charter county with a population of
750,000 or more with an elected county executive that does not have
a board of county road commissioners, the county executive for
ministerial functions and the county commission provided for in
section 14(1)(d) of 1966 PA 293, MCL 45.514, for legislative
functions. In addition, if a board of county road commissioners is
dissolved as provided in section 6 of this chapter, county road
commission includes the county board of commissioners of the
county.
(b) "Provider" means either of the following:
(i) A telecommunication provider as that term is defined in
section 102 of the Michigan telecommunications act, 1991 PA 179,
MCL 484.2102.
(ii) A video service provider as that term is defined in
section 1 of the uniform video services local franchise act, 2006
PA 480, MCL 484.3301.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.