HB-6375, As Passed House, November 27, 2018
September 25, 2018, Introduced by Rep. Victory and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 395, 478, and 530 (MCL 280.395, 280.478, and
280.530).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 395. (1) The county drain commissioner or the intercounty
drainage
board may relinquish jurisdiction
and control to a county,
township,
city, or village, or authority or to the state
transportation department jurisdiction and control of all or part
of
any county drainage district upon which there is or intercounty
drain if all of the following requirements are met:
(a) The drainage district has no outstanding indebtedness or
contract
liability. and which Indebtedness or contract liability
that will be paid in full when jurisdiction and control is
relinquished is not considered to be outstanding.
(b) The drain or part of the drain to be relinquished and the
area the drain or part of the drain services is wholly located
within
the boundaries of a the county,
township, city, or
village,
or authority or within the public right-of-way of the state
transportation department that is to accept jurisdiction and
control
of the drain or part of the drain. ,
and thereafter the
(c) The relinquishment is approved by both of the following:
(i) A majority of the members of the county board of
commissioners for a county drain or of the drainage board for an
intercounty drain.
(ii) The governing body of the county, township, city,
village, or authority, or the director of the state transportation
department, that is to accept jurisdiction and control of the drain
or part of the drain. If relinquishment of jurisdiction and control
is to a county, the resolution of the governing body of the county
shall specify the county agency, such as board of public works,
board of county road commissioners, or parks and recreation
commission, that shall be thereafter responsible for the exercise
of jurisdiction and control.
(2) Upon relinquishment of all or part of a drain under
subsection (1), the following apply:
(a)
The county drain commissioner shall
be or drainage board
is
relieved of, and the county, township,
city, or village, or
authority or the state transportation department shall assume, the
maintenance,
jurisdiction, control, and operation thereof of the
drain or part of the drain relinquished and its future operation
shall be financed in the same manner as is provided for special
assessment
districts within such the county,
township, city, or
village or as otherwise provided by law. : Provided, That such
proceeding
shall have first been approved by a majority of the
members
elect of the county board of supervisors and by the
resolution
of the governing body of the township, city or village
in
which such drain is located.
Any
money which shall be in the drain fund of any such
drainage
district at the time jurisdiction over it is transferred
as
provided in this section shall be distributed in the same manner
as
is provided in sections 391 to 394, inclusive, of this act in
the
case of abandoned or vacated drains.
(b) If jurisdiction and control is relinquished over all of a
drain, any money in the drain fund of the drain shall be turned
over to the county, township, city, village, authority, or state
transportation department that accepted jurisdiction and control,
to be used solely with respect to that drain.
Sec. 478. (1) The drainage board for each project shall
continue
in existence with such changes in personnel as shall that
result from changes in the officers constituting the board
membership.
It shall be The drainage
board is responsible for the
operation and maintenance of the drain.
(2) Any necessary expenses incurred in administration and in
the operation and maintenance of the drain and not covered by
contract shall be paid by the several public corporations assessed
for the cost of the drain. The assessments shall be in the same
proportion as the cost of the drain was assessed unless the
drainage board establishes a different proportion for the
assessments after notice and hearing as provided in section 469.
(3) The drainage board, by resolution, duly
adopted by it, may
relinquish
jurisdiction and control over all or any part of a drain
or
drain project at any time when if
there is no outstanding
indebtedness or contract liability of its drainage district, to the
county , or a township,
city, or village, or authority in which all
or the part of the drain or drain project is wholly located or to
the state transportation department, if the county, township, city,
or
village, or authority or the director of the state
transportation department, as applicable, requests or consents to
the
relinquishment of jurisdiction and control by resolution duly
adopted
by of its governing body. Indebtedness or contract
liability
of any drainage district which that
will be paid in full
at
the time of consummation of relinquishment of when jurisdiction
and
control shall not be deemed is
relinquished is not considered
to be outstanding. If relinquishment of jurisdiction and control is
to a county, the resolution of the governing body of the county
shall specify the county agency, such as board of public works,
drain commissioner, board of county road commissioners, or parks
and
recreation commission, which shall be that will thereafter be
responsible
for exercise of such jurisdiction and control.
(4) Any moneys If jurisdiction and control is relinquished
over
all of a drain, any money in the drain
fund of any the drain ,
over
all or any part of which jurisdiction and control is
relinquished,
shall be used to pay any
indebtedness or contract
liability of its drainage district, and the balance shall be turned
over to the county, township, city, or village to be used solely
with
respect to the drain , all or part thereof, over which
jurisdiction and control is assumed.
(5) If the relinquishment of jurisdiction and control and
the
turnover
of drain fund relates to a part of
a drain or drain
project,
such the relinquishment and turnover shall does not
become
effective until consented to by resolution of the governing body of
each
public corporation which that
has paid a part of the cost of
the drain or drain project, and for this purpose the board of
county
road commissioners and the state highway commission shall be
deemed
are considered to be the governing body for the county and
the state, respectively.
Sec. 530. (1) The drainage board for each project shall
continue
in existence with such changes in personnel as shall that
result from changes in the offices of director of the department of
agriculture
and rural development and drain commissioners. It shall
be
The drainage board is responsible for the operation and
maintenance of the drain.
(2) Any necessary expenses incurred in administration and in
the operation and maintenance of the drain and not covered by
contract shall be paid by the several public corporations assessed
for the cost of the drain. The assessments shall be in the same
proportion as the cost of the drain was assessed unless the
drainage board establishes a different proportion for the
assessments after notice and hearing as provided in section 521.
(3) The drainage board, by resolution, duly
adopted by it, may
relinquish
jurisdiction and control over any all or part of a drain
or
drain project at any time when if
there is no outstanding
indebtedness
or contract liability of its drainage district, to the
a
county, township, city, or
village, or authority in which all
of
the part of the drain or drain project is wholly located or to the
state
transportation department, if the
county, township, city, or
village, or authority or the director of the state transportation
department, as applicable, requests or consents to the
relinquishment
of jurisdiction and control by resolution duly
adopted
by of its governing body. Indebtedness or contract
liability
of any drainage district which that
will be paid in full
at
the time of consummation of relinquishment of when jurisdiction
and
control shall not be deemed is
relinquished is not considered
to be outstanding. If relinquishment of jurisdiction and control is
to a county, the resolution of the governing body of the county
shall specify the county agency, such as board of public works,
drain commissioner, board of county road commissioners, or parks
and
recreation commission, which shall be that will thereafter be
responsible
for exercise of such jurisdiction and control.
(4) Any moneys If jurisdiction and control is relinquished
over
all of drain, money in the drain fund
of any the drain , over
any
part of which jurisdiction and control is relinquished, shall
be used to pay any indebtedness or contract liability of its
drainage district, and the balance shall be turned over to the
county, township, city, or village to be used solely with respect
to
the drain , all or part thereof, over which jurisdiction and
control is assumed.
(5) If the relinquishment of jurisdiction and control and
the
turnover
of drain fund relates to a part of
a drain or drain
project,
such the relinquishment and turnover shall does not
become
effective until consented to by resolution of the governing body of
each
public corporation which that
has paid a part of the cost of
the drain or drain project, and for this purpose the board of
county
road commissioners and the state highway commission shall be
deemed
are considered to be the governing body for the county and
the state, respectively.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.