HB-6374, As Passed Senate, December 19, 2018
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6374
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 468 and 520 (MCL 280.468 and 280.520).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 468. The drainage board shall secure from a competent
engineer, plans, specifications, a route and course, and an
estimate
of cost of the proposed drain, which
, when approved and
adopted
by the board , shall
be filed with the chairman thereof.
chairperson of the board. In approving the plans and
specifications,
the drainage board shall not be is
not limited to
the route of the drain described in the petition or the final order
of determination. Changes in the approved route and course of the
drain must be approved by resolution of the drainage board. The
drainage board shall tentatively establish the percentage of the
cost
of the drain or of the several sections or parts thereof which
is
to be borne of the drain to
be paid by each public corporation.
In
making the apportionments, hereunder, there shall be taken into
consideration
the drainage board shall
consider the benefits to
accrue
to each public corporation and also the extent to which each
public
corporation contributes to the conditions which that make
the
drain necessary. Apportionments against the this state
shall be
based
upon the benefits and contributions as related solely to the
drainage
of state highways. , and those Apportionments against the
county shall be based upon benefits and contributions as related
solely
to the drainage of its county highways. roads. Before a
tentative
apportionment shall be is made, the drainage board shall
designate
the area to be served by the drain project, which may or
may
not include all of the area in a
public corporation to be
assessed, and may divide the drain into sections or parts for
purposes
of apportionment or construction. Nothing herein contained
shall
prohibit the county from assuming Notwithstanding
any other
provision of this act, the county may assume any additional cost of
the drain if 2/3 of the members elect of the county board of
commissioners
vote in favor thereof. The apportionment shall only
apply
under this section applies
only to the proposed drain. The
apportionments for any extensions or other work subsequently
performed under section 482 shall be reestablished by the board.
When
If chapter 25 is employed in the apportionment of
costs, the
above
proceedings under this section shall be altered and
supplemented as provided in chapter 25.
Sec.
520. The drainage board shall proceed to secure from a
competent engineer, plans, specifications, a route and course, and
an estimate of cost of the proposed drain, which when approved and
adopted by the board shall be filed with the secretary of the
board.
secretary thereof. In approving the plans and
specifications,
the drainage board shall not be is
not limited to
the route of the drain described in the petition or the final order
of determination. Changes in the approved route and course of the
drain must be approved by resolution of the drainage board. The
drainage board shall tentatively establish the percentage of the
cost
of the drain or of the several sections or parts thereof which
is
to be borne of the drain to
be paid by public corporations in
each
county affected and by the this
state on account of any state
highway,
and by the county on account of any county highway. road.
The percentage of the cost apportioned to public corporations in
each county shall then be apportioned by the drain commissioner
among
public corporations to be assessed in the county, which
determination
and that apportionment shall be filed with the
secretary of the drainage board. In making the apportionments
hereunder,
under this section, there shall be taken into
consideration the benefits to accrue to each public corporation and
also
the extent to which each public
corporation contributes to the
conditions
which that make the drain necessary. Apportionments
against
the this state shall be based upon the benefits and
contributions as related solely to the drainage of state highways.
Apportionments
, and those against the county shall be based upon
benefits and contributions as related solely to the drainage of its
county
highways. roads. Before a tentative apportionment shall be
is made, the drainage board shall designate the area to be served
by
the drain project, which may or may not include all of the area
in a public corporation to be assessed, and may divide the drain
into sections or parts for purposes of apportionment or
construction.
Nothing herein contained shall prohibit a county from
assuming
Notwithstanding any other
provision of this act, a county
may assume any additional cost of the drain if 2/3 of the members
elect of the county board of commissioners vote in favor thereof.
The
apportionment shall apply under
this section applies only to
the proposed drain. The apportionments for any extensions or other
work subsequently performed under section 535 shall be
reestablished
by the board. When If chapter 25 is employed in the
apportionment
of costs, the above proceedings under
this section
shall be altered and supplemented as provided in chapter 25.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.