HB-5281, As Passed Senate, January 24, 2006
October 11, 2005, Introduced by Reps. Gaffney, Hune, Farrah, McConico, Brandenburg, Amos, LaJoy, Drolet, Marleau and Lemmons, III and referred to the Committee on Government Operations.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 514 (MCL 280.514).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
514. (1) There is hereby A drainage board is created
for
each project petitioned for under
the provisions of this
chapter. ,
a Except as otherwise
provided in subsection (3), the
drainage
board to shall
consist of the director of the department
of agriculture and the drain commissioner of each county involved
in the project.
(2) The director of the department of agriculture
shall be the
chairman
of said chairperson of the
drainage board. Said
The
drainage board shall select 1 of its members as secretary.
House Bill No. 5281 as amended November 3, 2005
as amended January 18, 2006
(3) If a project involves a county with <<an appointed rather than
an elected drain commissioner and>> a population of more
than 1,000,000, the drainage board shall consist of the director of
the department of agriculture, the drain commissioner of each
county involved in the project, and an individual appointed by each
drain commissioner <<of each county involved in the project, including a
county with an elected drain commissioner>>. The appointee shall be an elected official, or
his or her designee, of a city, village, or township subject to
assessment for the project. The appointee shall serve for a 2-year
term and shall not be appointed for successive terms unless the
city, village, or township that he or she represents is the only
municipality in the county subject to assessment. Following the
completion of the 2-year term, the drain commissioner shall, if
possible, appoint an elected official, or his or her designee, from
a different city, village, or township subject to assessment for
the project. If an appointee fails or refuses to serve or is
disqualified, the drain commissioner shall appoint a successor to
complete the remainder of his or her term.
[(4) Subsection (3) does not apply to a project that involves a county with a population of more than 1,000,000 which was organized pursuant to 1973 PA 139, MCL 45.551 to 45.573.]