HB-6374, As Passed Senate, December 19, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6374

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending sections 468 and 520 (MCL 280.468 and 280.520).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 468. The drainage board shall secure from a competent

engineer, plans, specifications, a route and course, and an

estimate of cost of the proposed drain, which , when approved and

adopted by the board , shall be filed with the chairman thereof.

chairperson of the board. In approving the plans and

specifications, the drainage board shall not be is not limited to

the route of the drain described in the petition or the final order

of determination. Changes in the approved route and course of the

drain must be approved by resolution of the drainage board. The

drainage board shall tentatively establish the percentage of the

cost of the drain or of the several sections or parts thereof which

is to be borne of the drain to be paid by each public corporation.

In making the apportionments, hereunder, there shall be taken into

consideration the drainage board shall consider the benefits to

accrue to each public corporation and also the extent to which each

public corporation contributes to the conditions which that make

the drain necessary. Apportionments against the this state shall be

based upon the benefits and contributions as related solely to the

drainage of state highways. , and those Apportionments against the

county shall be based upon benefits and contributions as related

solely to the drainage of its county highways. roads. Before a

tentative apportionment shall be is made, the drainage board shall

designate the area to be served by the drain project, which may or

may not include all of the area in a public corporation to be

assessed, and may divide the drain into sections or parts for

purposes of apportionment or construction. Nothing herein contained

shall prohibit the county from assuming Notwithstanding any other

provision of this act, the county may assume any additional cost of

the drain if 2/3 of the members elect of the county board of

commissioners vote in favor thereof. The apportionment shall only

apply under this section applies only to the proposed drain. The

apportionments for any extensions or other work subsequently

performed under section 482 shall be reestablished by the board.

When If chapter 25 is employed in the apportionment of costs, the

above proceedings under this section shall be altered and

supplemented as provided in chapter 25.

     Sec. 520. The drainage board shall proceed to secure from a

competent engineer, plans, specifications, a route and course, and

an estimate of cost of the proposed drain, which when approved and

adopted by the board shall be filed with the secretary of the

board. secretary thereof. In approving the plans and

specifications, the drainage board shall not be is not limited to

the route of the drain described in the petition or the final order

of determination. Changes in the approved route and course of the

drain must be approved by resolution of the drainage board. The

drainage board shall tentatively establish the percentage of the

cost of the drain or of the several sections or parts thereof which

is to be borne of the drain to be paid by public corporations in

each county affected and by the this state on account of any state

highway, and by the county on account of any county highway. road.

The percentage of the cost apportioned to public corporations in

each county shall then be apportioned by the drain commissioner

among public corporations to be assessed in the county, which

determination and that apportionment shall be filed with the

secretary of the drainage board. In making the apportionments

hereunder, under this section, there shall be taken into

consideration the benefits to accrue to each public corporation and

also the extent to which each public corporation contributes to the

conditions which that make the drain necessary. Apportionments

against the this state shall be based upon the benefits and

contributions as related solely to the drainage of state highways.

Apportionments , and those against the county shall be based upon

benefits and contributions as related solely to the drainage of its

county highways. roads. Before a tentative apportionment shall be

is made, the drainage board shall designate the area to be served

by the drain project, which may or may not include all of the area

in a public corporation to be assessed, and may divide the drain

into sections or parts for purposes of apportionment or

construction. Nothing herein contained shall prohibit a county from

assuming Notwithstanding any other provision of this act, a county

may assume any additional cost of the drain if 2/3 of the members

elect of the county board of commissioners vote in favor thereof.

The apportionment shall apply under this section applies only to

the proposed drain. The apportionments for any extensions or other

work subsequently performed under section 535 shall be

reestablished by the board. When If chapter 25 is employed in the

apportionment of costs, the above proceedings under this section

shall be altered and supplemented as provided in chapter 25.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.