HOUSE BILL NO. 5190
October 24, 2023, Introduced by Reps. Hill, Wilson, O'Neal, Bezotte, Hood and Rheingans 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 72, 384, 441, 464, and 515 (MCL 280.72,
280.384, 280.441, 280.464, and 280.515), section 72 as amended by
2018 PA 646 and section 464 as amended by 2016 PA 521.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 72. (1) As soon as practicable after the filing of a
2 petition, the commissioner authorized to act on the petition, if
3 not disqualified under section 381 to make the apportionment of
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1 benefits, may appoint a board of determination composed of 3
2 disinterested property owners. If the commissioner is disqualified
3 or chooses not to appoint the board of determination, the
4 commissioner shall immediately file a copy of the petition with the
5 chairperson of the county board of commissioners, together with a
6 statement, signed by the commissioner, that he or she is
7 disqualified or chooses not to act in appointing appoint a board of
8 determination. As soon as practicable after receiving a copy of the
9 petition and certificate, the chairperson of the county board of
10 commissioners, unless he or she has a conflict of interest, shall
11 appoint a board of determination composed of 3 disinterested
12 property owners. and The chairperson of the county board of
13 commissioners shall immediately notify the drain commissioner of
14 the names and addresses of those appointed. If the chairperson of
15 the county board of commissioners has a conflict of interest, in
16 the proceedings, the drain committee of the county board of
17 commissioners shall appoint the board of determination. Members of
18 boards the board of determination shall be residents of the county
19 but not of a township, city, or village affected by the drain, and
20 shall not be members of the county board of commissioners. of the
21 county.
22 (2) The drain commissioner shall call a meeting of the board
23 of determination at a convenient place within the drainage district
24 or at a public building within a city, village, or township in
25 which the drain is located. If an individual appointed to the board
26 of determination fails or refuses to serve, the drain commissioner
27 shall appoint a successor. The per diem drain commissioner shall
28 determine reasonable compensation for and the mileage and expense
29 reimbursements approve necessary expenses of a member of the board
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1 of determination for each meeting attended. shall be the same as
2 the county board of commissioners of the county. In counties where
3 commissioners are not paid on a per diem basis, the compensation
4 and the mileage and expense reimbursements shall be set by the
5 drain commissioner. Upon request, the county drain commissioner
6 shall inform in writing the requesting state legislator who
7 represents the area in which the proposed drain improvement is to
8 be constructed of the names and addresses of the persons appointed
9 to a board of determination.
10 (3) The drain commissioner shall give public notice of the
11 time, date, and place of the meeting of the board of determination
12 in the manner required by the open meetings act, 1976 PA 267, MCL
13 15.261 to 15.275. The commissioner shall also give such notice, not
14 less than 10 days before the meeting, by all of the following
15 means:
16 (a) Publication in a newspaper of general circulation in the
17 county.
18 (b) Service on the county clerk and a member of the board of
19 county road commissioners of the county and on the supervisor of
20 each township and clerk of each city and village in the drainage
21 district, personally or by certified mail.
22 (c) Service by first-class mail on each person whose name
23 appears on the last city, village, or township tax roll as owning
24 land within the drainage district, at the address shown on the
25 roll. If an a person's address does not appear on the roll, a
26 notice need not be mailed to the person. The drain commissioner
27 shall make state in an affidavit of the mailing and shall recite in
28 the affidavit that the notice was mailed to all of the persons
29 whose names and addresses appear upon the tax rolls as owning land
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1 within the drainage district. The affidavit is conclusive proof
2 that notice was mailed to each person to whom notice is required to
3 be mailed under this section. The failure to receive a notice by
4 mail is not a jurisdictional defect invalidating a drain proceeding
5 or drain assessment if notice was sent by first class mail as
6 provided in this subdivision.
7 (4) All expenses of notification under this section shall be
8 paid by the drainage district when created.
9 (5) At the time and place specified in the notice, the board
10 of determination shall meet, elect a chairperson and secretary,
11 and, after considering the evidence offered, determine the
12 necessity of the proposed drain and whether the proposed drain is
13 necessary and conducive to public health, convenience, or welfare.
14 The board of determination , if it considers it necessary, shall
15 may require the county drain commissioner to obtain from the county
16 treasurer a statement showing the amount of taxes and special
17 assessments levied against the land in the proposed drainage
18 district on the tax rolls for the immediately preceding 3 years and
19 the amount of the taxes and assessments remaining unpaid. If it
20 appears from the statement indicates that 25% or more of the taxes
21 are unpaid on the lands, further action shall not be taken on the
22 petition. If the board of determination finds, by a majority vote
23 of the members, that the drain is not necessary and conducive to
24 public health, convenience, or welfare, the board of determination
25 shall file with the commissioner an order dismissing the petition,
26 and a further another petition for the drain shall not be filed
27 within 1 year after the determination. If the board of
28 determination finds, by a majority vote of the members, that the
29 proposed drain is necessary and conducive to the public health,
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1 convenience, or welfare, the board of determination shall make an
2 order to that effect and file the order with the commissioner. Not
3 more than 10 days after the board of determination files an order
4 finding the proposed drain to be necessary and conducive to the
5 public health, convenience, or welfare, the drain commissioner
6 shall determine the cities, townships, and villages within the
7 drainage district benefiting at large from the drain for public
8 health and shall notify each such city, township, and village that
9 it is liable to pay a percent of the cost of construction of the
10 drain by reason of benefits at large for public health. Within 20
11 days after the commissioner's receipt of the order of the board of
12 determination, if an appeal has not been taken under section 72a,
13 the drain commissioner shall make a first order of determination in
14 writing. , giving The order shall set forth the name or number of
15 the drainage district and a general description of the route,
16 terminus, and type of construction of the drain. The drain
17 commissioner shall file a copy of the order in his or her office.
18 Sec. 384. The salary drain commissioner shall determine
19 reasonable compensation for and approve necessary expenses of the a
20 commissioner so appointed , which shall be the same as that
21 received by him from the county of which he is commissioner,
22 together with all expenses actually and necessarily incurred by
23 him, shall be under this chapter for each meeting attended. These
24 amounts shall be assessed against the drain in connection with
25 which said the services were performed and shall be paid in the
26 same manner as other expenses are paid.
27 Sec. 441. (1) Two or more drainage districts located in the
28 same county and in the same drainage basin or in adjoining basins,
29 may, consolidate and organize in whole or part, be consolidated and
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1 organized as a single drainage district upon the filing of a
2 petition for consolidation with the drain commissioner of the
3 county setting forth the reason for the proposed consolidation. The
4 consolidation may include land not within an existing drainage
5 district if requested in the petition. The petition shall be signed
6 by at least 50 property owners within the proposed consolidated
7 drainage district. If in However, if for the proposed consolidated
8 drainage district there are less than 100 property owners, the
9 petition shall be signed by at least 50% of the property owners in
10 of the proposed consolidated drainage district. In place of a
11 petition Instead of being signed by property owners, a petition may
12 be signed solely by a city, village, or township a portion all or
13 part of which is located within the proposed consolidated drainage
14 district, when if authorized by its governing body, or by a
15 combination of such municipalities.
16 (2) As soon as practicable after the filing of a petition, the
17 drain commissioner, if not disqualified under section 381, may
18 appoint a board of determination composed of 3 disinterested
19 property owners to determine the necessity of the consolidation. If
20 the commissioner is disqualified or chooses not to appoint the
21 board of determination, the commissioner shall immediately file a
22 copy of the petition with the chairperson of the county board of
23 commissioners, together with a statement signed by the commissioner
24 showing that he or she is disqualified or chooses not to act in
25 appointing appoint a board of determination. Upon As soon as
26 practicable after receiving a copy of the petition and certificate,
27 the chairperson of the county board of commissioners, if not
28 privately interested, unless he or she has a conflict of interest,
29 shall appoint as soon as practicable a board of determination. and
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1 The chairperson of the county board of commissioners shall
2 immediately notify the drain commissioner of the names and
3 addresses of those appointed. If the chairperson of the county
4 board of commissioners has a private interest in the proceedings,
5 conflict of interest, the drain committee of the county board of
6 commissioners shall appoint the board of determination. Members of
7 a board of determination shall be residents of the county but not
8 of the proposed consolidated drainage district or of a drainage
9 district a part of which is to be included in the proposed
10 consolidation. A The drain commissioner shall call a meeting of the
11 board of determination shall be called at a convenient place within
12 the proposed consolidated drainage district. at some convenient
13 place to be designated by the drain commissioner. If a person
14 appointed to the board of determination fails or refuses to serve,
15 a successor shall be appointed by the official or committee making
16 the appointment in the first instance. The drain commissioner shall
17 determine reasonable compensation for and approve necessary
18 expenses of a member of the board of determination shall be $8.00
19 per day with no additional allowance for mileage. The county board
20 of commissioners of a county may increase the per diem compensation
21 of members of the board of determination.for each meeting attended.
22 (3) (2) The drain commissioner shall give notice of the time,
23 date, and place of the meeting of the board of determination in the
24 manner prescribed by Act No. 267 of the Public Acts of 1976 and by
25 required by the open meetings act, 1976 PA 267, MCL 15.261 to
26 15.275. The drain commissioner shall also give the notice as
27 provided in all of the following:
28 (a) By publication twice in a newspaper of general circulation
29 in the county or a newspaper of general circulation in the proposed
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1 consolidated drainage district. , the The first publication of
2 which shall be at least 10 days before the meeting. Notices shall
3 also be served on
4 (b) To the county clerk and to the clerk supervisor of each
5 township and the clerk of each village or city in the proposed
6 consolidated drainage district, personally or by registered mail at
7 least 10 days before the meeting. The drain commissioner shall also
8 send notice by
9 (c) By first-class mail of the time, date, and place of the
10 meeting at least 10 days before the date of the meeting to each
11 person whose name appears on the last city, village, or township
12 tax assessment roll as owning land within any of the existing
13 drainage districts , a portion of which is proposed to be
14 consolidated, or owning lands land within the proposed consolidated
15 drainage district whose land is but not within an existing drainage
16 district, at the address shown on the roll. If an a person's
17 address does not appear on the roll, then a notice need not be
18 mailed to those persons. the person. The drain commissioner shall
19 make state in an affidavit of the mailing and shall recite in the
20 affidavit that the persons to whom the notice was mailed constitute
21 all of the persons to whom notice must be sent. The affidavit shall
22 be is conclusive proof that notice was mailed to each person to
23 whom notice is required to be mailed by this section. The failure
24 to receive a notice by mail shall not constitute is not a
25 jurisdictional defect invalidating a drain proceeding if notice has
26 been sent by first-class mail as provided in this section.
27 subdivision.
28 (4) All expense of notification under this section shall be
29 paid by the drainage district when created.
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1 (5) (3) At the time and place fixed specified in the notice,
2 the board of determination shall meet, elect a chairperson and a
3 secretary, and, after considering the evidence offered, proceed to
4 determine whether the proposed consolidation is conducive to public
5 health, convenience, or welfare. After hearing the evidence, the
6 board shall make its determination as to whether the proposed
7 consolidation is conducive to public health, convenience, or
8 welfare. If the board finds by a majority vote of the members that
9 the proposed consolidation is not conducive to public health,
10 convenience, or welfare, it the board of determination shall file
11 with the commissioner an order dismissing the petition, and a
12 further another petition for the drain shall not be entertained
13 filed within 1 year after the determination. If the board by a
14 majority vote of the members finds that the proposed consolidation
15 is conducive to the public health, convenience, or welfare, it
16 shall make its prepare an order to that effect and file the order
17 with the commissioner. Upon receipt of the order of consolidation,
18 the commissioner shall enter an order giving the consolidated
19 drainage district a name or number.
20 Sec. 464. (1) A drainage board is created for each project
21 petitioned for under this chapter. Except as otherwise provided in
22 subsection subsections (2) and (4), the drainage board shall
23 consist of the drain commissioner of the county, the chairperson of
24 the county board of commissioners, and the chairperson of the board
25 of county auditors.
26 (2) If there is no board of county auditors in the county,
27 then the chairperson of the finance committee of the county board
28 of commissioners shall be a member of the drainage board. If there
29 is neither a board of county auditors nor a finance committee, then
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1 the chairperson of the county board of commissioners shall select
2 from time to time 1 member of the county board of commissioners to
3 be a member of the drainage board. If a member of the drainage
4 board who is a member of the county board of commissioners, as
5 provided in this section or section 487, is interested in a project
6 petitioned for under this chapter, by reason of his or her holding
7 holds an elected or appointed office in a public corporation to be
8 assessed for the cost of the a project petitioned for under this
9 chapter, he or she is disqualified to act as a member of the
10 drainage board with respect to the project. In that case, the vice-
11 chairperson or chairperson pro tempore of the county board of
12 commissioners or of the finance committee of the county board of
13 commissioners, if not also so disqualified, shall act as the