HOUSE BILL No. 5687

 

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.