January 13, 2016, Introduced by Senators ROCCA and BRANDENBURG and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 514, 517, and 521 (MCL 280.514, 280.517, and
280.521), section 514 as amended by 2006 PA 16.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 514. (1) A drainage board is created for each project
petitioned
for under this chapter. section
513. Except as otherwise
provided
in subsection (3), (4), the drainage board shall consist
consists of the director of the department of agriculture and rural
development and the drain commissioner of each county involved in
the project.
(2)
The director of the department of agriculture shall be and
rural
development is the chairperson of the
drainage board. The
drainage
board shall select 1 of its members as secretary.
(3) A member of the drainage board shall serve as secretary.
The secretary is responsible for performing all administrative
duties of the drainage board. Subject to section 521, the secretary
shall be selected by the drainage board.
(4) (3)
If Except as provided in
subsection (5), 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 and rural development, 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
municipality 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 municipality 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.
(5) (4)
Subsection (3) (4) does
not apply to a project that
involves
a county with a population of more than 1,000,000 which
was
that is organized pursuant to 1973 PA 139, MCL 45.551 to
45.573.
Sec.
517. (1) Upon receipt of a petition as hereinbefore
provided,
under section 513, the director of agriculture and rural
development shall make a preliminary finding of the counties which,
in his or her opinion, include public corporations that should be
assessed
under the provisions of this chapter for the cost of the
proposed drain.
(2)
Upon the making of such the preliminary
finding under
subsection (1), the director of agriculture and rural development
shall, give
by registered mail, send a
copy of the preliminary
finding and notice of the time and place of the first meeting of
the drainage board and of the first meeting of the augmented
drainage
board , by sending a copy of such notice and of such
preliminary
finding by registered mail to each
member thereof , and
to
each highway agency having jurisdiction over any highway, road,
and
or street in said the district. ,
which The notice and finding
shall be mailed not less than 10 days prior to the time of the
meeting.
In the event there be no If
a county does not have a board
of
county auditors or finance committee, in any county involved,
then
notice to the chairman chairperson of the county board of
supervisors
of such commissioners of the county shall be deemed
considered to be notice to the member of the county board of
supervisors
commissioners to be selected by him.the chairperson as
a member of the augmented drainage board under section 515.
(3)
The drainage board shall first meet
first, for the purpose
of selecting a secretary. Upon the selection of a secretary, the
director of agriculture and rural development shall turn over to
such
that secretary the original petition and any other
records in
his or her office pertaining to the proposed drain. The secretary
shall serve until the drainage board approves a final order of
apportionment under section 521.
Sec. 521. (1) After making the tentative apportionments of
cost
have been made, under
section 520, the drainage board shall
set a time, date, and place it will meet and hear objections to the
apportionments.
Notice In each county
involved, notice of the
hearing
shall be published twice in each county involved by
inserting
the notice in at least 1 newspaper
published in the
county , and
designated by the drainage board. The first
publication
is to must be not less than 20 days before the time of
hearing. The notice shall also be sent by registered mail to the
clerk or secretary of each public corporation proposed to be
assessed,
except that a notice to the this
state shall be sent to
the
state highway director of
the state transportation department
and a notice to a county shall be sent both to the county clerk and
the county road commission. The mailing shall be made not less than
20 days before the time of hearing. The notice shall be signed by
the secretary and proof of the publication and mailing of the
notice shall be filed with the secretary. The drainage board may
provide a form to be substantially followed in the giving of the
notice. The notice shall include tentative apportionments to the
several public corporations.
(2) After the hearing, the drainage board may confirm the
apportionments as tentatively made, or, if it considers the
apportionments to be inequitable, it shall readjust the
apportionments. Before readjusted apportionments are confirmed, the
drainage board shall set a time, date, and place for a rehearing
and shall give notice of the hearing in the manner provided in
subsection (1). The notice shall also set forth the apportionments
as
readjusted. It shall then
(3) After the hearing or rehearing, the board shall issue its
order setting forth the several apportionments as confirmed. The
order shall be known as the final order of apportionment.
(4) Upon issuance of the final order of apportionment and each
year thereafter, the drain commissioner for the county with the
highest aggregate apportionments may opt to become the secretary of
the drainage board. If that drain commissioner declines to serve as
secretary, the drainage board shall elect another of its members to
that position.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.