SENATE BILL No. 533

June 12, 2001, Introduced by Senator SHUGARS and referred to the Committee on Farming, Agribusiness and Food Systems.

A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 21 (MCL 280.21), as amended by 1989 PA 134.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 21. (1) At SUBJECT TO THIS SECTION, AT the general

2 election to be held in November , 1976 2004, and each fourth

3 year after November , 1976 2004, a county drain commissioner

4 shall be elected in each county having a drain commissioner by

5 the qualified electors of the county. The term of office of

6 the A commissioner shall begin on the January 1 following the

7 drain commissioner's election and continue for a period of 4

8 years and until his or her successor is elected and qualified,

9 whichever occurs earlier.

10 (2) As determined by the county board of commissioners, the

11 county drain commissioner shall be covered by a blanket bond or,

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1 before entering upon the duties of office, shall execute and file

2 with the county clerk a bond to the people of the state in the

3 penal sum of $5,000.00, issued by a surety company licensed to do

4 business in this state, conditioned upon the faithful discharge

5 of the duties of the office. The county board of commissioners

6 may fix the individual bond to be required of the commissioner at

7 a different amount if, in its judgment, that is desirable.

8 (3) The county board of commissioners of a county, having a

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

10 APPROVED BY A MAJORITY vote of the members elect ELECTED, may

11 abolish the office of county drain commissioner and transfer the

12 powers and duties of the office to the board of county road

13 commissioners.

14 (4) If a county establishes a department of public works

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

16 being sections 123.731 to 123.786 of the Michigan Compiled Laws

17 1957 PA 185, MCL 123.731 TO 123.786, or a public improvement

18 agency with the drain commissioner designated as the county agent

19 pursuant to the county public improvement act of 1939, Act

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

21 46.171 to 46.188 of the Michigan Compiled Laws 1939 PA 342,

22 MCL 46.171 TO 46.188, the county board of commissioners, by A

23 resolution of APPROVED BY a 2/3 vote of the members elected and

24 serving, may combine the powers, duties, and functions set forth

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

26 No. 342 of the Public Acts of 1939, as amended 1957 PA 185,

27 MCL 123.731 TO 123.786, THE COUNTY PUBLIC IMPROVEMENT ACT OF

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1 1939, 1939 PA 342, MCL 46.171 TO 46.188, and this act into 1

2 county department headed by a public works commissioner. The

3 public works commissioner shall be elected in the same manner and

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

5 the powers and duties of a drain commissioner.

6 (5) A resolution provided for in subsection (4) may not be

7 adopted unless the county board of commissioners has first held

8 at least 1 generally publicized public hearing on the

9 resolution.

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

11 office of public works commissioner pursuant to subsections (4)

12 and (5), or a public improvement agency, the county board of com-

13 missioners, by A resolution approved by a 2/3 vote of the members

14 elected and serving, may abolish the office of public works com-

15 missioner not less than 6 months before the next primary election

16 for that office. The office of public works commissioner shall

17 be abolished in the county effective 180 days after a resolution

18 is adopted pursuant to this subsection. The office shall then be

19 referred to as the drain commissioner and the person in office at

20 the time a resolution of abolishment is passed shall fulfill the

21 remainder of the term of office until the next general election.

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

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

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

25 charter prescribes an elected county executive, and which county

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

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

2 section.

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