SB-1117, As Passed Senate, December 1, 2016

SUBSTITUTE FOR

SENATE BILL NO. 1117

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 464 (MCL 280.464), as amended by 1989 PA 134.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 464. (1) There A drainage board is created for each

project petitioned for under this chapter. , a drainage board that,

except Except as otherwise provided in subsection (2), the drainage

board shall consist of the drain commissioner of the county, the

chairperson of the county board of commissioners, and the

chairperson of the board of county auditors. If there is no board

of county auditors in the county, then the chairperson of the

finance committee of the county board of commissioners shall act as

be a member of the drainage board. , and if If there is neither a

board of county auditors nor finance committee, then the

chairperson of the county board of commissioners shall select from

time to time 1 member of the county board of commissioners to act

as be a member of the drainage board. If a member of the drainage

board who is a commissioner, member of the county board of

commissioners, as provided in this section or section 487, is

interested in a project petitioned for under this chapter, by

reason of his or her holding an elected or appointed office in a

public corporation to be assessed for the cost of the project, he

or she is disqualified to act as a member of the drainage board

with respect to the project. In such that case the vice-chairperson

or chairperson pro tempore of the county board of commissioners or

of the finance committee of the county board of commissioners, if

not also disqualified, shall act as the member. If the vice-

chairperson or chairperson pro tempore is disqualified, the drain

commissioner of the county shall designate a member of the county

board of commissioners who is not disqualified to act as a member

of the drainage board for the project. The chairperson of the

county board of commissioners and any member of a county board of

commissioners serving on the drainage board shall receive the

compensation, mileage, and expenses as provided by the drainage

board. However, compensation paid to a member shall not exceed

$25.00 per diem, exclusive of mileage and expenses, for attendance

at drainage board meetings. The county drain commissioner shall be

chairperson of the drainage board. The chairperson shall keep

minutes of the proceedings of the drainage board and all records

and files of the board shall be kept in his or her office. In

counties of less than 500,000 population, the commissioner shall be

paid the same compensation as other members of the drainage board.

     (2) In If a county is organized under a charter adopted under

Act No. 293 of the Public Acts of 1966, being sections 45.501 to

45.521 of the Michigan Compiled Laws, that has a population of more

than 2,000,000 at the time the charter is adopted and whose 1966 PA

293, MCL 45.501 to 45.521, and the charter prescribes an elected

county executive, the drainage board shall consist of the following

members:

     (a) The person designated by the charter to carry out the

administrative duties of the drain commissioner or that person's

designee, who shall also serve as chairperson of the drainage

board.

     (b) The county commissioner whose district will be assessed

for the greatest portion of the cost of the project, or that county

commissioner's designee. The determination of which county

commissioner is qualified to sit under this subdivision shall

initially be made by the chairperson of the drainage board at the

time when the petition for the project is filed. After the final

order of apportionment is issued under section 469, the county

commissioner who qualifies under this section shall become the

county commissioner member and serve until another apportionment is

established requiring the seating of another commissioner.

     (c) A person appointed by the county executive with the advice

and consent of a majority of the members of the county board of

commissioners elected or appointed and serving.

     (3) In a county described in subsection (2), the requirements

in this chapter for substantive actions and determinations shall be

followed in administering each project petitioned for under this

chapter, subject to and in accordance with any applicable

provisions of the county charter.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.