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.