HB-4641, As Passed Senate, August 22, 2007
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4641
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. If a drain commissioner is unable to
House Bill No. 4641 as amended August 22, 2007 (1 of 2)
execute the duties of his or her office and a deputy commissioner
has not been appointed under section 24, the county clerk and
prosecuting attorney of that county may appoint a temporary
replacement to hold the office until the commissioner is able to
return to his or her duties or until the expiration of the
commissioner's term of office. <<The temporary replacement shall perform
the same duties, have the same responsibilities, and receive the same compensation as the drain commissioner. The appointment shall be made in writing and filed with the clerk of the county. If a vacancy in the office of drain commissioner arises while an individual is serving as temporary drain commissioner, the temporary drain commissioner shall have all the powers and duties of a drain commissioner until a drain commissioner is elected or appointed. As determined by the county board of commissioners, a temporary drain commissioner shall be covered by a blanket bond or shall file a bond with the county clerk in a sum not LESS THAN $100,000.00, conditioned upon the faithful discharge of his or her duties.>>
(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), if a drain
commissioner performs functions other than acting as a drain
commissioner under this act, including, but not limited to,
operating sewers, lake level and soil erosion enforcement, and
facilitating compliance with federal clean water act mandates, 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.