October 18, 2016, Introduced by Senators KOWALL and JONES and referred to the Committee on Government Operations.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 21, 21a, and 464 (MCL 280.21, 280.21a, and
280.464), section 21 as amended by 2007 PA 51 and section 21a as
added and section 464 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 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 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 $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 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,
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 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 Before adopting a
resolution under subsection (4),
the
county board of commissioners has first held shall hold 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 the
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 when
the resolution of abolishment is
passed
is adopted shall fulfill the remainder of the term of office
until the next general election.
(7)
A If a county that is organized under 1966 PA 293,
MCL
45.501
to 45.521, whose and the
county 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 the county is subject to section 21a in place instead
of this section.
(8)
Except for a county subject to described
in 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
the 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.
Sec.
21a. In If a county is
organized under a charter adopted
under
Act No. 293 of the Public Acts of 1966, being sections 45.501
to
45.521 of the Michigan Compiled Laws, whose 1966 PA 293, MCL
45.501 to 45.521, and the county 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, the
powers and duties
of
the drain commissioner , under
this act , shall
be performed by
a person or persons designated in accordance with the county's
charter.
Sec.
464. (1) There A drainage
board is created for each
project
petitioned for under this chapter.
, a drainage board that,
except
Except as otherwise provided in subsection (2), the drainage
board shall consist of the drain commissioner of the county, the
chairperson of the county board of commissioners, and the
chairperson of the board of county auditors. If there is no board
of county auditors in the county, then the chairperson of the
finance
committee of the county board of commissioners shall act as
be
a member of the drainage board. ,
and if If there is neither a
board of county auditors nor finance committee, then the
chairperson of the county board of commissioners shall select from
time
to time 1 member of the county board of commissioners to act
as
be a member of the drainage board. If a member of the
drainage
board
who is a commissioner, member
of the county board of
commissioners, as provided in this section or section 487, is
interested in a project petitioned for under this chapter, by
reason of his or her holding an elected or appointed office in a
public corporation to be assessed for the cost of the project, he
or she is disqualified to act as a member of the drainage board
with
respect to the project. In such that
case the vice-chairperson
or chairperson pro tempore of the county board of commissioners or
of the finance committee of the county board of commissioners, if
not also disqualified, shall act as the member. If the vice-
chairperson or chairperson pro tempore is disqualified, the drain
commissioner of the county shall designate a member of the county
board of commissioners who is not disqualified to act as a member
of the drainage board for the project. The chairperson of the
county board of commissioners and any member of a county board of
commissioners serving on the drainage board shall receive the
compensation, mileage, and expenses as provided by the drainage
board. However, compensation paid to a member shall not exceed
$25.00 per diem, exclusive of mileage and expenses, for attendance
at drainage board meetings. The county drain commissioner shall be
chairperson of the drainage board. The chairperson shall keep
minutes of the proceedings of the drainage board and all records
and files of the board shall be kept in his or her office. In
counties of less than 500,000 population, the commissioner shall be
paid the same compensation as other members of the drainage board.
(2)
In If a county
is organized under a charter adopted
under
Act
No. 293 of the Public Acts of 1966, being sections 45.501 to
45.521
of the Michigan Compiled Laws, that has a population of more
than
2,000,000 at the time the charter is adopted and whose 1966 PA
293, MCL 45.501 to 45.521, and the charter prescribes an elected
county executive, the drainage board shall consist of the following
members:
(a) The person designated by the charter to carry out the
administrative duties of the drain commissioner or that person's
designee, who shall also serve as chairperson of the drainage
board.
(b) The county commissioner whose district will be assessed
for the greatest portion of the cost of the project, or that county
commissioner's designee. The determination of which county
commissioner is qualified to sit under this subdivision shall
initially
be made by the chairperson of the drainage board at the
time
when the petition for the project is filed. After the
final
order of apportionment is issued under section 469, the county
commissioner who qualifies under this section shall become the
county commissioner member and serve until another apportionment is
established requiring the seating of another commissioner.
(c) A person appointed by the county executive with the advice
and consent of a majority of the members of the county board of
commissioners elected or appointed and serving.
(3) In a county described in subsection (2), the requirements
in this chapter for substantive actions and determinations shall be
followed in administering each project petitioned for under this
chapter, subject to and in accordance with any applicable
provisions of the county charter.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.