HB-6375, As Passed Senate, December 19, 2018

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6375

 

 

 

 

 

 

 

 

 

 

 

 

     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, authority, or board of county road

 

commissioners 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 board of

 

county road commissioners or 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, the board of county road commissioners, 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, road department, 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, board

 

of county road commissioners, 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 board of

 

county road commissioners or to the 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. ,

 

Jurisdiction and control may be relinquished to the county , or a

 

township, city, or village, or authority in which all or the part

 

of the drain or drain project and the area the drain or part of the

 

drain services is wholly located , or to the board of county road

 

commissioners or the state transportation department if the all or

 

part of the drain and the area the drain or part of the drain

 

services is within the public right-of-way. The county, township,

 

city, or village, requests or consents authority, board of county

 

road commissioners, or director of the state transportation

 

department, as applicable, must request or consent 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, department,

 

or parks and recreation commission, which that shall be thereafter

 

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, board of county

 

road commissioners, or authority or to the state transportation

 

department 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 to be the governing body for the county and the state.

 

     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. ,

 

Jurisdiction and control may be relinquished to the a county,

 

township, city, or village, or authority in which all of the part

 

of the drain or drain project and the area the drain or part of the

 

drain services is wholly located , if the or to the board of county

 

road commissioners or the state transportation department if all or

 

part of the drain and the area the drain or part of the drain

 

services is within the public right-of-way. The county, township,

 

city, or village, requests or consents authority, board of county

 

road commissioners, or director of the state transportation

 

department, as applicable, must request or consent 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, department,

 

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, 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, authority, board of county road

 

commissioners, or state transportation department 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 to be the governing body for the county and the state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.