Bill Text: MI HB5216 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Drains; drain commissioners; county drain commissioner; allow elimination or reestablishment of office. Amends sec. 21 of 1956 PA 40 (MCL 280.21).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-08-04 - Printed Bill Filed 07/29/2009 [HB5216 Detail]

Download: Michigan-2009-HB5216-Introduced.html

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HOUSE BILL No. 5216

 

July 28, 2009, Introduced by Rep. Rick Jones and referred to the Committee on Intergovernmental and Regional Affairs.

 

     A bill to amend 1956 PA 40, entitled

 

"The drain code of 1956,"

 

by amending section 21 (MCL 280.21), as amended by 2007 PA 51.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21. (1) At the general election to be held in November ,

 

1976 2008, and each fourth year after November , 1976 2008, a

 

county drain commissioner shall be elected in each county having a

 

drain commissioner by the qualified electors of the county. The

 

term of office of a commissioner shall begin on the January 1

 

following the drain commissioner's election and continue for a

 

period of 4 years and or until his or her successor is elected and

 

qualified, whichever occurs earlier.

 

     (2) If a drain commissioner is unable to execute the duties of

 

his or her office and a deputy commissioner has not been appointed

 

under section 24, the county clerk and prosecuting attorney of that

 

county may appoint a temporary replacement to hold the office until

 

the commissioner is able to return to his or her duties or until

 

the expiration of the commissioner's term of office. The temporary

 

replacement shall perform the same duties, have the same

 

responsibilities, and receive the same compensation as the drain

 

commissioner. The appointment shall be made in writing and filed

 

with the clerk of the county. If a vacancy in the office of drain

 

commissioner arises while an individual is serving as temporary

 

drain commissioner, the temporary drain commissioner shall have all

 

the powers and duties of a drain commissioner until a drain

 

commissioner is elected or appointed. As determined by the county

 

board of commissioners, a temporary drain commissioner shall be

 

covered by a blanket bond or shall file a bond with the county

 

clerk in a sum not less than $100,000.00, conditioned upon the

 

faithful discharge of his or her duties.

 

     (3) (2) As determined by the county board of commissioners,

 

the county drain commissioner shall be covered by a blanket bond

 

or, before entering upon the duties of office, shall execute and

 

file with the county clerk a bond to the people of the this state,

 

in the penal sum of $100,000.00, issued by a surety company

 

licensed to do business in this state , and conditioned upon the

 

faithful discharge of the duties of the office. The An individual

 

bond shall be in the amount of $100,000.00, unless the county board

 

of commissioners may fix the individual bond to be required of the

 

commissioner at a different amount if, in its judgment, that is

 

desirable sets a different amount.

 

     (4) (3) The county board of commissioners of a county having a

 

population of less than 12,000, by resolution of a 2/3 vote of the

 

members elect serving, may abolish the office of county drain

 

commissioner and transfer the powers and duties of the office to

 

the board of county road commissioners.

 

     (5) The county board of commissioners of a county having a

 

population of 12,000 or more but less than 35,000, with the written

 

approval of the incumbent county drain commissioner, may, by

 

resolution adopted by a 2/3 vote of the members elect, direct the

 

county clerk to place on the ballot, at the August primary or

 

November general election to be held in 2010 or any fourth year

 

thereafter, the question of abolishing the office of the county

 

drain commissioner and transferring the powers and duties of the

 

office to the board of county road commissioners. If a majority of

 

the electors voting on the question approve, the office of county

 

drain commissioner in that county is abolished and the powers and

 

duties of the office are transferred to the board of county road

 

commissioners effective January 1 of the third year after the

 

election.

 

     (6) If a county has abolished the office of county drain

 

commissioner under subsection (5), the county board of

 

commissioners may, by resolution adopted by a 2/3 vote of the

 

members elect, direct the county clerk to place on the ballot, at

 

the August primary or November general election to be held in 2010

 

or any fourth year thereafter, the question of reestablishing the

 

office of the county drain commissioner and transferring the powers

 

and duties of the office from the board of county road

 

commissioners to the county drain commissioner. If a majority of

 

the electors voting on the question approve, the office of county

 

drain commissioner in that county is reestablished and the powers

 

and duties of the office are transferred from the board of county

 

road commissioners effective January 1 of the third year after the

 

election.

 

     (7) (4) If a county establishes a department of public works

 

pursuant to 1957 PA 185, MCL 123.731 to 123.786, or a public

 

improvement agency with the drain commissioner designated as the

 

county agent agency pursuant to the county public improvement act

 

of 1939, 1939 PA 342, MCL 46.171 to 46.188, the county board of

 

commissioners, by resolution of a 2/3 vote of the members elected

 

and serving, may combine the powers, duties, and functions set

 

forth in 1957 PA 185, MCL 123.731 to 123.786, the county public

 

improvement act of 1939, 1939 PA 342, MCL 46.171 to 46.188, and

 

this act into 1 county department headed by a public works

 

commissioner. The public works commissioner shall be elected in the

 

same manner and for the same term as a drain commissioner and shall

 

carry out the powers and duties of a drain commissioner. (5) A

 

resolution provided for in subsection (4) may shall not be adopted

 

under this subsection unless the county board of commissioners has

 

first held at least 1 generally publicized public hearing on the

 

resolution.

 

     (8) (6) Not less than 3 years after a county establishes the

 

office of public works commissioner pursuant to subsections (4) and

 

(5) subsection (7), or a public improvement agency, the county

 

board of commissioners, by resolution approved by a 2/3 vote of the

 

members elected and serving, may abolish the office of public works

 

commissioner not less than 6 months before the next primary

 

election for that office. The office of public works commissioner

 

shall be is abolished in the county effective 180 days after a

 

resolution is adopted pursuant to this subsection. The office shall

 

then be referred to as the drain commissioner and the person in

 

office at the time a when the resolution of abolishment is passed

 

under this subsection is adopted shall fulfill the remainder of the

 

term of office until the next general election.

 

     (9) (7) A county that is organized under 1966 PA 293, MCL

 

45.501 to 45.521, whose charter prescribes an elected county

 

executive, and which county has a population of more than 2,000,000

 

at the time the charter is adopted, shall be governed by section

 

21a in place of this section. This section is subject to section

 

21a.

 

     (10) (8) Except for a county subject to subsection (7) section

 

21a, if a drain commissioner performs functions other than acting

 

as a drain commissioner under this act, including, but not limited

 

to, operating sewers, lake level and soil erosion enforcement, and

 

facilitating compliance with the federal clean water act mandates,

 

a county water pollution control act, 33 USC 1251 to 1387, the

 

county board of commissioners may, by resolution of the majority of

 

the members elected and serving on the board of commissioners and

 

with the consent of the drain commissioner, change the name of the

 

office of the drain commissioner to the office of the water

 

resources commissioner. The water resources commissioner shall be

 

elected in the same manner as a drain commissioner and carry out

 

the powers and duties of a drain commissioner as provided in this

 

act.