HB-6473, As Passed House, December 5, 2006
September 14, 2006, Introduced by Reps. Accavitti, Taub and Stakoe and referred to the Committee on Local Government and Urban Policy.
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:
Sec. 21. (1) At the general election to be held in November,
1976, and each fourth year after November, 1976, a county drain
commissioner shall be elected in each county having a drain
commissioner by the qualified electors of the county. The term of
office
of the a
commissioner shall begin on the January
1
following the drain commissioner's election and continue for a
period of 4 years and until his or her successor is elected and
qualified, whichever occurs earlier.
(2) As determined by the county board of commissioners, the
county drain commissioner shall be covered by a blanket bond or
before entering upon the duties of office, shall execute and file
with the county clerk a bond to the people of the state in the
penal
sum of $5,000.00 $100,000.00, issued by a
surety company
licensed to do business in this state, conditioned upon the
faithful discharge of the duties of the office. The county board of
commissioners may fix the individual bond to be required of the
commissioner at a different amount if, in its judgment, that is
desirable.
(3) The county board of commissioners of a county having a
population of less than 12,000, by resolution of a 2/3 vote of the
members elect, may abolish the office of county drain commissioner
and transfer the powers and duties of the office to the board of
county road commissioners.
(4) If a county establishes a department of public works
pursuant
to Act No. 185 of the Public Acts of 1957, as amended,
being
sections 123.731 to 123.786 of the Michigan Compiled Laws
1957 PA 185, MCL 123.731 to 123.786, or a public improvement agency
with the drain commissioner designated as the county agent pursuant
to
the county public improvement act of 1939, Act No. 342 of the
Public
Acts of 1939, as amended, being sections 46.171 to 46.188 of
the
Michigan Compiled Laws 1939
PA 342, MCL 46.171 to 46.188, the
county board of commissioners, by resolution of a 2/3 vote of the
members elected and serving, may combine the powers, duties, and
functions
set forth in Act No. 185 of the Public Acts of 1957, as
amended,
Act No. 342 of the Public Acts of 1939, as amended 1957
PA 185, MCL 123.731 to 123.786, the county public improvement act
of 1939, 1939 PA 342, MCL 46.171 to 46.188, and this act into 1
county department headed by a public works commissioner. The public
works commissioner shall be elected in the same manner and for the
same term as a drain commissioner and shall carry out the powers
and duties of a drain commissioner.
(5) A resolution provided for in subsection (4) may not be
adopted unless the county board of commissioners has first held at
least 1 generally publicized public hearing on the resolution.
(6) Not less than 3 years after a county establishes the
office of public works commissioner pursuant to subsections (4) and
(5), or a public improvement agency, the county board of
commissioners, by resolution approved by a 2/3 vote of the members
elected and serving, may abolish the office of public works
commissioner not less than 6 months before the next primary
election for that office. The office of public works commissioner
shall be abolished in the county effective 180 days after a
resolution is adopted pursuant to this subsection. The office shall
then be referred to as the drain commissioner and the person in
office at the time a resolution of abolishment is passed shall
fulfill the remainder of the term of office until the next general
election.
(7)
A county that is organized under Act No. 293 of the
Public
Acts of 1966, being sections 45.501 to 45.521 of the
Michigan
Compiled Laws 1966 PA 293,
MCL 45.501 to 45.521, whose
charter prescribes an elected county executive, and which county
has a population of more than 2,000,000 at the time the charter is
adopted, shall be governed by section 21a in place of this section.
(8) Except for a county subject to subsection (7), a county
may, by resolution of the majority of the members elected and
serving on the board of commissioners and with the consent of the
drain commissioner, change the name of the office of the drain
commissioner to the office of the water resources commissioner. The
water resources commissioner shall be elected in the same manner as
a drain commissioner and carry out the powers and duties of a drain
commissioner as provided in this act.