HB-6377, As Passed Senate, December 19, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6377

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending sections 101, 102, 103, 191, and 192 (MCL 280.101,

280.102, 280.103, 280.191, and 280.192), section 101 as amended by

2014 PA 551.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 101. (1) Before any action is taken on a petition to

locate, establish, and construct a drain that will traverse lands

in more than 1 county, or affect more than 1 county, an application

shall must be filed with a commissioner having jurisdiction of any

of the lands to lay out and designate a drainage district. The

application shall tentatively describe the location and route of

the proposed drain. Except as provided in subsection (2), the

application shall be signed by a number of freeholders in the

drainage district whose lands would be liable to an assessment for

benefits, equal to 50% of any of the freeholders whose lands would

be traversed by the drain or drains applied for or that abut on any

highway or street along the side of which the drain extends,

between a point where the drain enters the highway and the point

where it leaves the highway and which lands are within the drainage

district. Ten or more freeholders of the cities, villages, or

townships in which the proposed drain or the lands proposed to be

benefitted by the drain are located. Five or more of the signers

shall be the freeholders whose lands will be liable for an

assessment for the construction of the proposed drain. However, if

it appears to the drain commissioner to whom the application is

submitted that the drainage district may not include at least 20

freeholders whose lands will be liable for an assessment, the

application shall be received if at least 1 of the signers is a

freeholder whose land will be liable for an assessment. The

eligibility of the signers to the application shall be determined

by their interest of record in the office of the register of deeds,

in the probate court, or in the circuit court of the county in

which the lands are situated located at the time the petition

application is filed.

     (2) An application under subsection (1) may need only be

signed by a representative of the a city, village, or township if

who is authorized by its governing body, if the both of the

following apply:

     (a) The proposed drain is necessary for the public health of

the city, village, or township, and if the city, village, or

township city, village, or township.

     (b) The city, village, or township will be liable for an

assessment at large against it for a percentage of the cost of the

proposed drain.

     Sec. 102. (1) Upon filing of such Within 20 days after an

application is filed under section 101, the commissioner shall

within 20 days send a copy of such the application by registered

certified mail to the state director of the department of

agriculture and rural development and also to the drain

commissioner of each county in which lie lands liable for

assessment for benefits for the construction of such proposed that

will benefit from the drain are located. The drain commissioners of

such the counties and the director of the department of agriculture

and rural development or any deputy designated by him shall be and

the director constitute the drainage board.

(2) The state director of the department of agriculture and

rural development shall call a meeting of such the drainage board.

, which The meeting shall be held not less than 15 and not more

than 60 days from after the director's receipt of such notice. Such

the application under subsection (1). The meeting shall be held in

the immediate locality of the proposed drainage district. Notices

of such A notice of the meeting shall be posted in 5 public places

within the proposed drainage district within each county, and

served by the respective drain commissioner on the county clerk and

a member of the board of county road commissioners of each county

and the supervisor of each township and clerk of each city and

village within the proposed drainage district personally or by

registered certified mail at least 10 days before such the public

meeting. A notice of such the meeting shall be published in each

county affected in which lands liable for assessments for the drain

are located once a week for 2 consecutive weeks before such the

meeting in a newspaper of general circulation in such the county,

if there is one, the such a newspaper. The first publication to

shall be at least 10 days before the meeting.

     Sec. 103. (1) Upon convening said meeting the state The

director of the department of agriculture and rural development or

any a deputy selected by him the director shall act as chairman.

chairperson at the meeting of the drainage board under section 102.

The said drainage board shall consider such the application to lay

out and designate a drainage district and do all of the following

at the meeting: application, and determine

     (a) Determine the sufficiency of the signatures thereto, and

shall go over on the application. If the signatures are

insufficient, no further action shall be taken on that application.

     (b) Consider the route and type of construction of said the

proposed drain. and take

     (c) Take testimony to determine its the practicability . All

persons owning of the proposed drain.

     (2) If a member of the drainage board would be disqualified

under sections 381 and 383 from making an apportionment of

benefits, both of the following apply:

     (a) The drainage board member is disqualified from

participation in the determination of practicability.

     (b) A special commissioner shall be appointed pursuant to

section 381 to serve as a member of the drainage board to determine

practicability.

     (3) The owner of any lands that would be liable to assessment

for benefits for the proposed drain or whose lands shall would be

crossed by said the drain or any municipality city, township, or

village affected may appear for or against said the drain

proceedings. If at said the meeting or at any subsequent time

before the entry of the order designating a drainage district, they

shall determine the drainage board determines that the drainage of

the proposed drain area is not practical, practicable, no further

action shall be taken thereon on that application within 1 year. If

said the proposed drain is determined to be practical, practicable,

then the drainage board shall cause a survey thereof to be made by

a competent licensed professional surveyor or engineer to ascertain

the area which that would be drained benefited by the proposed

drain , and the route and type of construction of drain or drains

most serviceable for that purpose.

     Sec. 191. (1) When If a drain or portion thereof, which of a

drain traverses lands wholly in 1 county, and if lands only in 1

county which is are subject to assessment, and if the drain needs

cleaning out, relocating, widening, deepening, straightening,

tiling, extending, or relocating along a highway, or requires

structures or mechanical devices that will properly purify or

improve the flow of the drain or pumping equipment necessary to

assist or relieve the flow of the drain, or needs supplementing by

the construction of 1 or more relief drains, which may consist of

new drains or extensions, enlargements, or connections to existing

drains, or needs 1 or more branches added thereto, to the drain,

any 5 freeholders or at least 50% of the freeholders if there are

less fewer than 5 freeholders whose lands shall be liable to an

assessment for benefits of such the work, may make petition in

writing to the commissioner setting forth the necessity of the

proposed work. and Upon filing of the petition, the commissioner

shall proceed in the same manner provided in this act for the

location, establishment, and construction of a drain. If the

project includes a tiled relief drain, or the tiling of an existing

open drain or any portion thereof, with a conduit a part of which

has an inside diameter in excess of 36 inches or the retiling of an

existing drain with a conduit, a part of which has an inside

diameter in excess of 36 inches, then the petition shall comply

with section 71. The preceding sentence shall not be applicable to

the construction of bridges, culverts, and passageways. The word

tiling as used in this and other sections of this act, means the

laying of a conduit composed of tile, brick, concrete, or other

material. When it

     (2) If the petition described in subsection (1) is necessary

for the public health of 1 or more cities, villages, and or

townships, the petition may be signed solely by a representative of

a city, village, or township when if authorized by its governing

body or by a combination of the municipalities, if the municipality

or municipalities are cities, villages, or townships if each city,

village, or township will be liable to assessments at large for a

percentage of the total amount assessed for the cost of the

proposed work. After

     (3) As soon as practicable after the board of determination

determines the necessity for the work, as provided in section 72,

and the commissioner shall, as soon as practicable after files the

final order of determination prescribed in section 151, has been

filed by him, the commissioner shall proceed as provided in

sections 151 to 161. If chapter 7. However, if the apportionment is

the same as the last recorded apportionments, no a day of review is

necessary, but in other cases the commissioner shall proceed as

provided in sections 151 to 161, including the notice of and the

holding of a day of review.not required.

     Sec. 192. (1) Whenever If a drain or portion thereof, which of

a drain traverses lands in more than 1 county , and or lands in

more than 1 county shall be are subject to assessments , and if the

drain needs cleaning out, relocating, widening, deepening,

straightening, tiling, extending, or relocating along a highway, or

requires structures or mechanical devices that will properly purify

or improve the flow of the drain or pumping equipment necessary to

assist or relieve the flow of the drain, or needs supplementing by

the construction of 1 or more relief drains, which may consist of

new drains or extensions, enlargements or connections to existing

drains, or needs 1 or more branches added thereto, freeholders

within the drainage district equal to 50% of the number of

freeholders whose lands are traversed by said drain or drains in

said petition or abut on any highway or street along either side of

which such drain extends, between the point where said drain enters

such highway and the point where it leaves such highway or street

and which lands are within the drainage district, to the drain, any

5 freeholders or at least 50% of the freeholders if there are fewer

than 5 freeholders whose lands shall be liable to an assessment for

benefits of the work, may make a petition in writing to the

commissioner of any county having lands in such the drainage

district setting forth the necessity of such the proposed work.

Whenever it

     (2) If the petition described in subsection (1) is necessary

for the public health of 1 or more cities, villages or townships,

the petition may be signed solely by a representative of a city,

village, or township when duly if authorized by its governing body

or by any combination of such municipalities if the municipality or

municipalities the cities, villages, or townships if each city,

village, or township will be liable to assessments at large for a

percentage of the total amount to be assessed for the cost of the

proposed work. The percentage of cost apportioned to the

municipality or municipalities a city, village, or township shall

be based upon the benefits to accrue to such municipality or

municipalities the city, village, or township and also the extent

to which they contribute it contributes to the conditions which

makes that make the drain necessary.

     (3) Upon receipt of such a petition under subsection (1), the

commissioner shall notify the state director of agriculture and the

commissioners of each county embracing any lands in the drainage

district, and the director of agriculture other members of the

drainage board as constituted under section 122. The chairperson

shall call a meeting of the drainage board within the time and in

the manner prescribed in section 122. The persons so named shall

constitute a drainage board and if such work is then determined to

be If the drainage board determines that the petition is

practicable, they the drainage board may thereupon appoint a

competent cause a survey of the drain to be made by a licensed

professional surveyor or engineer. to make a survey of said drain,

and lay out a drainage district according to section 104. After the

surveyor or engineer has filed all data with the drainage board,

the director of agriculture chairperson shall call a meeting as

provided in section 122, and thereafter take all steps and perform

all acts which are required to be done by said board the drainage

board shall proceed as provided under chapter 6 upon a petition for

the location, establishment, and construction of drains as provided

in sections 121 to 135. Such board and the commissioners shall

exercise such power and be subject to such limitations as are

provided in sections 121 to 135.a drain.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.