HOUSE BILL No. 4686


     May 1, 2001, Introduced by Reps. George, Vear, Toy, Drolet, Gilbert and Richner and referred to the Committee on
Agriculture and Resource Management.


        A bill to amend 1956 PA 40, entitled

   "The drain code of 1956,"

   by amending sections 4, 21, and 22 (MCL 280.4, 280.21, and

   280.22), sections 4 and 21 as amended by 1989 PA 134.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 4.  As used in this act, "commissioner", "drain

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      commissioner", or "county drain commissioner" means the  elected 

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      county drain commissioner or the person or persons designated to

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      perform the duties of the  elected  county drain commissioner as

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      provided in sections 21 and 21a.

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           Sec. 21.  (1) At the general election to be held in

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      November,  1976  2004, and each fourth year after November,

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       1976  2004, a county drain commissioner shall be elected  in

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      each county having a drain commissioner  by the qualified

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      electors of  the county  EACH COUNTY HAVING A DRAIN COMMISSIONER,


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      UNLESS THE DRAIN COMMISSIONER IS APPOINTED IN THAT COUNTY UNDER

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      SUBSECTION (2).  The term of office of the commissioner shall

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      begin on the January 1 following the drain commissioner's elec-

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      tion and continue for a period of 4 years and until his or her

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      successor is elected, OR APPOINTED UNDER SUBSECTION (2), and

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      qualified, whichever occurs earlier.

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           (2) THE COUNTY BOARD OF COMMISSIONERS OF A COUNTY MAY ADOPT

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      A RESOLUTION PROVIDING THAT THE COUNTY BOARD OF COMMISSIONERS

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      SHALL APPOINT THE DRAIN COMMISSIONER IN THAT COUNTY.  BEGINNING

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      WITH THE NEXT TERM OF OFFICE, THE OFFICE OF DRAIN COMMISSIONER

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      SHALL BE AN APPOINTIVE OFFICE IN THAT COUNTY.  THE COUNTY BOARD

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      OF COMMISSIONERS IN SUCH A COUNTY MAY SUBSEQUENTLY ADOPT A RESO-

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      LUTION PROVIDING THAT THE DRAIN COMMISSIONER SHALL AGAIN BE

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      ELECTED.  BEGINNING WITH THE NEXT TERM OF OFFICE, THE OFFICE OF

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      DRAIN COMMISSIONER SHALL BE AN ELECTIVE OFFICE IN THAT COUNTY.  A

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      RESOLUTION UNDER THIS SUBSECTION SHALL BE ADOPTED NOT LATER THAN

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      THE SIXTH TUESDAY BEFORE THE DEADLINE FOR FILING NOMINATING PETI-

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      TIONS FOR THE OFFICE OF DRAIN COMMISSIONER UNDER THE MICHIGAN

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      ELECTION LAW, 1954 PA 116, MCL 168.1 TO 168.992.  THE TERMS OF

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      OFFICE OF APPOINTED DRAIN COMMISSIONERS SHALL CORRESPOND TO THE

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      TERMS OF OFFICE OF ELECTED DRAIN COMMISSIONERS UNDER SUBSECTION

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      (1).

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           (3) A DRAIN COMMISSIONER SHALL BE A REGISTERED ELECTOR OF

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      THE COUNTY IN WHICH HE OR SHE SERVES AS DRAIN COMMISSIONER.

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           (4)  (2)  As determined by the county board of commission-

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      ers, the county drain commissioner shall be covered by a blanket

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      bond or before entering upon the duties of office, shall execute



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      and file with the county clerk a bond to the people of the state

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      in the penal sum of $5,000.00, issued by a surety company

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      licensed to do business in this state, conditioned upon the

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      faithful discharge of the duties of the office.  The county board

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      of commissioners may fix the individual bond to be required of

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      the commissioner at a different amount if, in its judgment, that

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      is desirable.

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           (5)  (3)  The county board of commissioners of a county

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      having a population of less than 12,000, by resolution of a 2/3

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      vote of the members  elect  ELECTED, may abolish the office of

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      county drain commissioner and transfer the powers and duties of

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      the office to the board of county road commissioners.

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           (6)  (4)  If a county establishes a department of public

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      works pursuant to  Act No. 185 of the Public Acts of 1957, as

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      amended, being sections 123.731 to 123.786 of the Michigan

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      Compiled Laws  1957 PA 185, MCL 123.731 TO 123.786, or a public

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      improvement agency with the drain commissioner designated as the

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      county agent pursuant to the county public improvement act of

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      1939,  Act No. 342 of the Public Acts of 1939, as amended, being

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      sections 46.171 to 46.188 of the Michigan Compiled Laws  1939 PA

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      342, MCL 46.171 TO 46.188, the county board of commissioners, by

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      resolution of a 2/3 vote of the members elected and serving, may

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      combine the powers, duties, and functions set forth in  Act

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      No. 185 of the Public Acts of 1957, as amended, Act No. 342 of

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      the Public Acts of 1939, as amended  1957 PA 185, MCL 123.731 TO

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      123.786, THE COUNTY PUBLIC IMPROVEMENT ACT OF 1939, 1939 PA 342,

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      MCL 46.171 TO 46.188, and this act into 1 county department



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      headed by a public works commissioner.  The public works

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      commissioner shall be elected OR APPOINTED in the same manner and

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      for the same term as a drain commissioner and shall carry out the

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      powers and duties of a drain commissioner.

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           (7)  (5)  A resolution provided for in subsection  (4)
    (6)

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      may not be adopted unless the county board of commissioners has

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      first held at least 1 generally publicized public hearing on the

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      resolution.

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           (8)  (6)  Not less than 3 years after a county establishes

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      the office of public works commissioner pursuant to subsections

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       (4)  (6) and  (5), or a public improvement agency  (7),
   the

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      county board of commissioners, by resolution approved by a 2/3

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      vote of the members elected and serving, may abolish the office

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      of public works commissioner not less than 6 months before the

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      DATE OF THE next primary election for  that office  DRAIN COMMIS-

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      SIONERS UNDER SUBSECTION (1).  The office of public works commis-

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      sioner shall be abolished in the county effective 180 days after

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      a resolution is adopted pursuant to this subsection.  The office

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      shall then be referred to as the drain commissioner and the

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      person in office at the time a resolution of abolishment is

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      passed shall fulfill the remainder of the term of office until

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       the next general election  A DRAIN COMMISSIONER IS NEXT ELECTED

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      OR APPOINTED UNDER SUBSECTION (1) OR (2).

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           (9)  (7)  A county that is organized under  Act No. 293 of

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      the Public Acts of 1966, being sections 45.501 to 45.521 of the

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      Michigan Compiled Laws  1966 PA 293, MCL 45.501 TO 45.521, whose

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      charter prescribes an elected county executive, and which county



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      has a population of more than 2,000,000 at the time the charter

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      is adopted, shall be governed by section 21a in place of this

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      section.

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           Sec. 22.  All commissioners holding such office when this

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      act takes effect shall continue to be such commissioners until

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      their respective successors are elected and qualified in accord-

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      ance with the provisions of the foregoing section.  The majority

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      of the board of county commissioners may establish or reestablish

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      the office of county drain commissioner in counties not having a

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       county  drain commissioner by resolution of a majority of mem-

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      bers  elect  ELECTED.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. _____

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      (request no. 00790'01 a *) of the 91st Legislature is enacted

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      into law.



























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