HOUSE BILL NO. 5335
November 14, 2023, Introduced by Reps. Andrews, Wilson, Arbit, Conlin, Tsernoglou and McFall
and referred to the Committee on Local Government and Municipal Finance.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 151, 154, 280, 468, and 520 (MCL 280.151,
280.154, 280.280, 280.468, and 280.520), section 154 as amended by
2020 PA 281, section 280 as amended by 2016 PA 27, and sections 468
and 520 as amended by 2018 PA 644.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 151. (1) Upon the release of the right of way and
2 damages, or upon the determination and return of the special
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1 commissioners, acquisition of right of way by the power of eminent
2 domain, the commissioner shall make his a final order of
3 determination establishing the drain. , which The drain shall be
4 divided into convenient sections for the letting of contracts. :
5 Provided, That However, the commissioner may let the drain in
6 sections or as a whole. Said The drain commissioner shall file the
7 order of determination shall be filed with the county drain
8 commissioner in his or her office within 5 days after such the
9 order is made. He shall, before
10 (2) Before the day of letting and review , fix under section
11 154, the drain commissioner shall do both of the following:
12 (a) Determine the number of installments for the collection of
13 drainage taxes. and apportion
14 (b) Apportion, on the following basis, the per cent percent of
15 the cost of construction of such drain which any the drain that
16 each of the following is liable to pay:
17 (i) Any township, city, or village traversed or benefited
18 thereby shall be liable to pay by reason of the by the drain, on
19 the basis of benefit to the public health, convenience, or welfare.
20 , or as the means of improving any highway under the control of
21 such township, city or village. He shall apportion the per cent of
22 the cost of construction of such drain which any highway then under
23 the control of the county or district road commissioners, shall be
24 liable to pay by reason of benefits therefor, and as the means of
25 improving such highway. He shall also apportion the per cent of the
26 cost of construction of such drain which any state trunk line
27 highway, under the control of the state highway commissioner, shall
28 be liable to pay by reason of benefits therefor and as the means of
29 improving said highway. He shall also apportion the per cent of
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1 benefits to accrue to any
2 (ii) Any city or village, the country road commission, or the
3 state transportation department, on the basis of benefits to or the
4 improvement of a city or village street, a county road, or a state
5 highway, respectively.
6 (iii) Any piece or parcel of land, by reason of the construction
7 of such drain including, but not limited to, state land under the
8 ownership or control of the department of natural resources, on the
9 basis of benefits to the land over and above the per cent
10 apportioned to any township, city or village at large or to any
11 highway as above provided. Such per cent so apportioned when
12 finally approved shall be assessed against such townships, cities
13 and villages and against the county at large by reason of the
14 improvement of the highways within the drainage district, and
15 against the state by reason of the improvement of the state trunk
16 line highways within such drainage district, and against all
17 parcels of land therein according to such apportionment of benefits
18 as herein provided.those apportioned under subparagraphs (i) and
19 (ii).
20 (3) The apportionment of benefits so made shall be subject to
21 review and correction and may be appealed from as provided for in
22 this act. provided.The benefits shall be assessed as finally
23 apportioned.
24 (4) The county board of supervisors commissioners at its
25 October meeting each year shall make provision by proper assessment
26 of the amounts apportioned against any highway under the control of
27 the county and district highway commissioners.county roads.
28 Sec. 154. (1) The drain commissioner shall advertise for the
29 receipt of bids for the construction of a drain at a specified
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1 time, date, and location. If the drain commissioner directly or
2 indirectly maintains an official internet presence, the drain
3 commissioner shall post the advertisement for the receipt of bids
4 on a portion of the website that is fully accessible to the public
5 at least 10 days before, and shall maintain the posting through,
6 the date set for the receipt of bids. If the drain commissioner
7 does not maintain an official internet presence, the advertisement
8 shall be so posted and maintained on the county website.
9 (2) The commissioner shall give notice, as described in this
10 section, of a public meeting to review the apportionment of
11 benefits. The meeting shall be held not less than 5 or more than 30
12 days after the date set for receiving bids.
13 (3) The notice under subsection (2) shall be given by
14 publication in a newspaper published and of general circulation in
15 the county at least 10 days before the date of the review of the
16 apportionment.
17 (4) The drain commissioner shall also send the notice under
18 subsection (2) by first-class mail, at least 10 days before the
19 date of the review of the apportionment of benefits, to each person
20 whose name appears on the last city or township tax roll as owning
21 land within the drainage district, at the address shown on the
22 roll. Notice need not be mailed to a person whose address does not
23 appear on the roll. The drain commissioner shall make an affidavit
24 of the mailing and shall recite in the affidavit that the notice
25 was mailed to all persons whose names and addresses appear on the
26 tax rolls as owning land within the drainage district. The
27 affidavit is conclusive proof that notice was mailed to each person
28 to whom notice is required to be mailed. If notice has been sent by
29 first-class mail as provided in this subsection, the failure to
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1 receive notice by mail does not constitute a jurisdictional defect
2 invalidating a drain proceeding or assessment. If the drain
3 commissioner determines that the drain is necessary for the public
4 health and that the whole cost of the drain, except that part which
5 may be apportioned for benefits to highways, shall be apportioned
6 to municipalities, then mailing of individual notices to persons
7 owning land within the drainage district as provided in this
8 subsection is not required.
9 (5) At least 10 days before the date of the review of the
10 apportionment, the drain commissioner shall serve the notice under
11 subsection (2) personally or by certified mail on the county clerk
12 and a member of the board of county road commissioners of the
13 county and on the supervisor of each township and clerk of each
14 city or village to be assessed at large.
15 (6) The notice under subsection (2) shall contain all of the
16 following:
17 (a) A statement that comments on the apportionment of benefits
18 may be submitted to the drain commissioner in writing before the
19 date of the meeting to review the apportionment or may be submitted
20 in writing or orally at the review. meeting. The statement shall
21 specify the drain commissioner's postal mailing address and
22 electronic mail address and indicate that comments submitted in
23 advance must be received by the drain commissioner before the date
24 of the meeting to ensure consideration.
25 (b) The date, time, and place of the meeting to review the
26 apportionment of benefits.
27 (c) A statement that, at the meeting to review the
28 apportionment of benefits, the drain commissioner will have
29 available to review the tentative apportionments against parcels
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1 and municipalities within the drainage district.
2 (d) For notice mailed to a person under subsection (4), the
3 estimated percentage and total dollar amount apportioned to that
4 person's land, the estimated annual dollar amount apportioned to
5 that person's land, and the estimated project assessment duration.
6 (e) A statement that drain assessments against land will be
7 collected in the same manner as property taxes.
8 (f) A statement that if drain assessments against land are
9 collected by installment, the land owner may pay the assessments in
10 full with any interest to date at any time and thereby avoid
11 further interest charges.
12 (g) The name of each county, township, city, or village to be
13 assessed at large.
14 (h) The name or number of the drain.
15 (i) The address of a website, as provided for in subsection
16 (7), and a statement that the following additional information can
17 be found at that address:
18 (i) A description of the land constituting the drainage
19 district for the drain. The description may be given by providing a
20 map of the drainage district, by designating the boundaries of the
21 drainage district by streets, highways, parcels, or tracts of land,
22 or by describing the tracts or parcels of land constituting the
23 district. If a parcel or tract is partially located within the
24 district, for the purposes of the notice description only, the
25 drain commissioner may consider the entire parcel or tract to be
26 located in the district.
27 (ii) The number and length of sections, the average depth and
28 width of each section, and if the drain will be a closed drain, the
29 amount and specifications of all tile or pipe required.
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1 (iii) The location, number, type, and size of all culverts and
2 bridges.
3 (iv) The conditions upon which the contract will be awarded.
4 (7) If the drain commissioner directly or indirectly maintains
5 an official internet presence, the drain commissioner shall post
6 the information described in subsection (6)(a) to (c), and (e) to
7 (h), and (i)(i) to (iv) on a portion of the website that is fully
8 accessible to the public and shall maintain the posting through the
9 date of the meeting to review the apportionment of benefits. If the
10 drain commissioner does not maintain an official internet presence,
11 the information shall be so posted and maintained on the county
12 website.
13 (8) Notwithstanding the information provided in the notice
14 under subsection (6)(d), the drain commissioner may subsequently
15 make adjustments, to any of the following, that the commissioner or
16 drainage board considers necessary, without further notice or an
17 additional meeting to review the apportionment of benefits:
18 (a) The estimated apportionment percentage.
19 (b) The estimated annual project assessment.
20 (c) The estimated project assessment duration.
21 (9) Bids for the construction of the drain shall be received
22 and the total cost of the drain shall be computed before the time
23 set for review of the apportionment. The computation shall be open
24 to inspection. If the computation is not completed before the
25 review of the apportionment, the drain commissioner shall adjourn
26 the review from time to time, not more than 20 days in all, for the
27 completion of the computation, or shall call a new meeting to
28 review the apportionment of benefits and give notice as provided in
29 subsections (3) to (7). If the contracts on which the computation
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1 was based are not executed and new contracts are let at a higher
2 price, the drain commissioner shall correct the computation and,
3 after giving notice as provided in subsections (3) to (7), hold a
4 new review of the apportionment.
5 (10) At the date, time, and place specified in the notice, or
6 at another date, time, and place to which the county drain
7 commissioner may adjourn the meeting, the apportionment of benefits
8 shall be subject to review for at least 1 day. The review shall be
9 held open from 9 a.m. until 5 p.m. At the review, the county clerk
10 or the county road commission may appear on behalf of the county,
11 the supervisor of a township may appear on behalf of a township,
12 the mayor or an officer of the city designated by the mayor may
13 appear on behalf of a city, and the president may appear on behalf
14 of a village. At the review, the county drain commissioner shall
15 consider the proofs and allegations and shall do both of the
16 following:
17 (a) Carefully reconsider and review the apportionment of
18 benefits.
19 (b) Define and equalize the apportionment as is just and
20 equitable.
21 (11) If an apportionment of benefits is made against a state
22 trunk line highway, unless the director of the state transportation
23 department consents in writing to the apportionment, the drain
24 commissioner shall notify by certified mail the director of the
25 state transportation department of the percentage apportioned
26 against the highway and the date, time, and place for a review of
27 the apportionment of benefits by the drain commissioner under
28 subsection (2). The notice shall be mailed at least 20 days before
29 the review. of the apportionment. If the director of the state
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1 transportation department instead desires to have the apportionment
2 of benefits reviewed by the director of the department of
3 agriculture and rural development, the director of the state
4 transportation department, within 10 days after receiving the
5 notice under this subsection, shall file with the drain
6 commissioner an objection to the apportionment. The drain
7 commissioner shall notify the director of the state transportation
8 department and the director of the department of agriculture and
9 rural development of the date, time, and place for the a review of
10 apportionments. the apportionment. At the meeting, the director of
11 the department of agriculture and rural development, or a deputy of
12 the director, shall review the apportionment made against the state
13 trunk line highway and listen to the proofs and allegations of the
14 parties, and may view the highway benefited. The written decision
15 on the apportionment under this subsection is final.
16 (12) If an apportionment of benefits is made against state
17 lands owned or controlled by the department of natural resources,
18 unless the director of the department of natural resources consents
19 in writing to the apportionment, the drain commissioner shall
20 notify by certified mail the director of the department of natural
21 resources of the percentage apportioned against the state lands and
22 the date, time, and place for a review of the apportionment of
23 benefits by the drain commissioner under subsection (2). The notice
24 shall be mailed at least 20 days before the review. If the director
25 of the department of natural resources instead desires to have the
26 apportionment of benefits reviewed by the director of the
27 department of agriculture and rural development, the director of
28 the department of natural resources, within 10 days after receiving
29 the notice under this subsection, shall file with the drain
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1 commissioner an objection to the apportionment. The drain
2 commissioner shall notify the director of the department of natural
3 resources and the director of the department of agriculture and
4 rural development of the date, time, and place for a review of the
5 apportionment. At the meeting, the director of the department of
6 agriculture and rural development, or a deputy of the director,
7 shall review the apportionment made against the state lands owned
8 or controlled by the department of natural resources and listen to
9 the proofs and allegations of the parties, and may view the lands
10 benefited. The written decision on the apportionment under this
11 subsection is final.
12 Sec. 280. (1) If there is not sufficient money in the fund in
13 of a particular drain at the time of the maturity of the bonds last
14 to mature, or any drain orders, to pay all outstanding bonds or
15 drain orders with interest, or to reimburse the county for money
16 which it has been obliged to advance pursuant to section 275, 276,
17 whether such the insufficiency is due to the anticipation of
18 installments as provided in section 279, 275, or to failure to sell
19 any lands for delinquent taxes, or to any other cause, the
20 commissioner shall at once levy an additional assessment as