June 12, 2014, Introduced by Reps. Pscholka, Price, LaVoy, Dianda, Haveman, Foster and Schmidt and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 247 (MCL 280.247).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 247. (1) The county drain commissioner or drainage board
acting
under the provisions of this act may employ an attorney when
he
deems the same if the drain
commissioner or drainage board, as
appropriate,
considers it necessary. and
any legal expense If an
attorney is employed, all attendant expenses and costs shall be
charged
to the several drain drainage
districts in on behalf
of
which
he shall be the attorney
is employed. All such attendant
expenses and costs shall be paid out of the drain fund of the
drainage
district or the revolving drain fund. which
shall be
reimbursed
out of the first moneys available: Provided, That the If
the attendant expenses and costs are paid out of the revolving
drain fund or if the drain fund of the drainage district does not
have sufficient funds to pay the attendant expenses and costs, the
attendant expenses and costs shall be assessed to the drainage
district in the same proportion as costs of the drain were assessed
as provided in chapter 7 and the collections of these assessments
shall be used either to reimburse the revolving drain fund or to
pay the attendant expenses and costs, as appropriate.
(2)
The county board of supervisors commissioners by
resolution
may cause the prosecuting attorney to give such legal
assistance
to a county drain commissioner as part of his the
prosecuting attorney's duties.
(3) As used in this section, "attendant expenses and costs"
means those expenses and costs incurred in furtherance of the
duties and responsibilities of a drain commissioner or drainage
board that are charged to the drainage district for which they were
incurred, including, but not limited to, 1 or more of the
following:
(a) Actual attorney fees.
(b) Expert witness and consultant fees.
(c) Money and costs expended in connection with litigation or
the threat of litigation.
(d) Payments made in satisfaction or partial satisfaction of
any orders or judgments entered against a drainage district.
(e) Money and costs expended to obtain a release, waiver, or
other settlement of claims.