SB 1079

SENATE BILL NO. 1079
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 154 (MCL 280.154), as amended by
2020 PA 281.
the people of the state of michigan enact:
Sec. 154. (1) The drain commissioner shall advertise
for the receipt of bids for the construction of a drain at a specified time,
date, and location. If the drain commissioner directly or indirectly maintains
an official internet presence, the drain commissioner shall post the
advertisement for the receipt of bids on a portion of the website that is fully
accessible to the public at least not less than 10 days before, and shall maintain the
posting through, the date set for the receipt of bids. If the drain
commissioner does not maintain an official internet presence, the advertisement
shall must be
so posted and maintained as described in this subsection on the county
website.
(2) The drain commissioner shall give notice, as described in
this section, of a public meeting to review the apportionment of benefits. The
meeting shall must be
not less than 5 or more than 30 days after the date set for receiving bids.
(3) The notice
under subsection (2) shall must be given by publication in a newspaper published
and of general circulation in the county at least not less than 10 days before the date of the review
of the apportionment.
(4) The drain
commissioner shall also send the notice
under subsection (2) by first-class mail, at least 10
days before the date of the review of the apportionment of benefits, to each person whose name appears on the last city or
township tax roll as owning land within the drainage district, at the
address shown on the roll. Notice need not be mailed to a person whose address
does not appear on the roll. The drain commissioner shall make an affidavit of
the mailing and shall recite in the affidavit that the notice was mailed to all
persons whose names and addresses appear on the tax rolls as owning land within
the drainage district. The affidavit is conclusive proof that notice was mailed
to each person to whom notice is required to be mailed. If notice has been sent
by first-class mail as provided in this subsection, the failure to receive
notice by mail does not constitute a jurisdictional defect invalidating a drain
proceeding or assessment. If the drain commissioner determines that the drain
is necessary for the public health and that the whole cost of the drain, except
that part which may be apportioned for benefits to highways, shall must be
apportioned to municipalities, then mailing of individual notices to persons
owning land within the drainage district as provided in this subsection is not
required.
(5) The drain commissioner shall send the notice under subsection (2) by
email, if an email address is available, not less than 10 days before the date
of the review of the apportionment of benefits, to each person whose name
appears on the last city or township tax roll as owning land within the
drainage district. A drain commissioner may establish a process by which each
person whose name appears on the last city or township tax roll as owning land
within the drainage district may provide an email address for purposes of
receiving notice under this subsection.
(6) (5) At least Not less than 10 days before the date of the review of
the apportionment, the drain commissioner shall serve the notice under
subsection (2) personally or by certified mail on the county clerk and a member
of the board of county road commissioners of the county and on the supervisor
of each township and clerk of each city or village to be assessed at large.
(7) (6) The
notice under subsection (2) shall must contain all of the following:
(a) A statement
that comments on the apportionment of benefits may be submitted to the drain
commissioner in writing before the date of the meeting to review the
apportionment or may be submitted in writing or orally at the review. meeting. The
statement shall must
specify the drain commissioner's postal mailing address and electronic mail email address
and indicate that comments submitted in advance must be received by the drain
commissioner before the date of the meeting to ensure consideration.
(b) The date, time,
and place of the meeting to review the apportionment of benefits.
(c) A statement
that, at the meeting to review the apportionment of benefits, the drain
commissioner will have available to review the tentative apportionments against
parcels and municipalities within the drainage district.
(d) For notice
mailed to a person under subsection (4), a clear and
conspicuous cost summary, including, at a minimum, the estimated percentage and dollar amount apportioned to
that person's land, the estimated annual dollar amount apportioned to that
person's land. ,
and
(e) For notice mailed to a person under subsection (4), the estimated project assessment duration.
(f) (e) A
statement that drain assessments against land will be collected in the same
manner as property taxes.
(g) (f) A
statement that if drain assessments against land are collected by installment,
the land owner may pay the assessments in full with any interest to date at any
time and thereby avoid further interest
charges.
(h) (g) The
name of each county, township, city, or village to be assessed at large.
(i) (h) The
name or number of the drain.
(j) (i) The
address of a website, as provided for in subsection (7), (8), and a
statement that the following additional information can be found at that
address:
(i) A description of the land constituting
the drainage district for the drain. The description may be given by providing
a map of the drainage district, by designating the boundaries of the drainage
district by streets, highways, parcels, or tracts of land, or by describing the
tracts or parcels of land constituting the district. If a parcel or tract is
partially located within the district, for the purposes of the notice
description only, the drain commissioner may consider the entire parcel or
tract to be located in the district.
(ii) The number and length of sections, the
average depth and width of each section, and if the drain will be a closed
drain, the amount and specifications of all tile or pipe required.
(iii) The location, number, type, and size of
all culverts and bridges.
(iv) The conditions upon on which the
contract will be awarded.
(8) (7) If
the drain commissioner directly or indirectly maintains an official internet
presence, the drain commissioner shall post the information described in
subsection (6)(a) (7)(a)
to (c) and (e) (f) to (h) (i) on a portion of the website that is fully
accessible to the public and shall maintain the posting through the date of the meeting to review the confirmation of the final apportionment of benefits.
If the drain commissioner does not maintain an official internet presence, the
information shall must
be so posted and maintained as described in this subsection on the county
website.
(9) (8) Notwithstanding
the information provided in the notice under subsection (6)(d)(7)(d) to (e),
the drain commissioner may subsequently make adjustments to any of the
following that the drain commissioner or
drainage board considers necessary, without further notice or an additional meeting
to review the apportionment of benefits:
(a) The estimated
apportionment percentage.
(b) The Subject to subsection
(10), the estimated annual project assessment.
(c) The estimated
project assessment duration.
(10) If the drain commissioner makes adjustments that increase or
decrease the estimated annual project assessment provided in the notice under
subsection (2) by not less than 10%, the drain commissioner shall mail a notice,
and email a notice, if an email address is available, regarding the new
estimated annual project assessment by first-class mail to each person whose
name appears on the last city or township tax roll as owning land within the
drainage district not less than 10 days before the confirmation of the final
apportionment of benefits.
(11) (9) Bids
for the construction of the drain shall must be received and the total cost of the drain shall must be
computed before the time set for review of the apportionment. The computation shall must be open
to inspection. If the computation is not completed before the review of the
apportionment, the drain commissioner shall adjourn the review from time to
time, not more than 20 days in all, for the completion of the computation, or
shall call a new meeting to review the apportionment of benefits and give
notice as provided in subsections (3) to (7). (8). If the contracts on which the computation was
based are not executed and new contracts are let at a higher price, the drain
commissioner shall correct the computation and, after giving notice as provided
in subsections (3) to (7), (8), hold a new review of the apportionment.
(12) (10) At
the date, time, and place specified in the notice, or at another date, time,
and place to which the county drain
commissioner may adjourn the meeting, the apportionment of benefits shall must be
subject to review for at least 1 day. The review shall
must be held open from 9 a.m. until 5
p.m. At the review, the county clerk or the county road commission may appear
on behalf of the county, the supervisor of a township may appear on behalf of a
township, the mayor or an officer of the city designated by the mayor may
appear on behalf of a city, and the president may appear on behalf of a
village. At the review the county drain
commissioner shall consider the proofs and allegations and shall do both of the
following:
(a) Carefully
reconsider and review the apportionment of benefits.
(b) Define and
equalize the apportionment as is just and equitable.
(13) (11) If
an apportionment of benefits is made against a state trunk line highway, unless
the director of the state transportation department
of transportation consents in writing to the
apportionment, the drain commissioner shall notify by certified mail the
director of the state transportation department
of transportation of the percentage apportioned
against the highway and the date, time, and place for a review of apportionment
of benefits by the drain commissioner under subsection (2). The notice shall must be
mailed at least not
less than 20 days before the review of the apportionment. If the
director of the state transportation department
of transportation instead desires to have the
apportionment of benefits reviewed by the director of the department of
agriculture and rural development, the director of the state transportation department , within of transportation, not less than 10 days after
receiving the notice under this subsection, shall file with the drain
commissioner an objection to the apportionment. The drain commissioner shall
notify the director of the department of agriculture and rural development of
the date, time, and place for the review of apportionments. At the meeting, the
director of the department of agriculture and rural development, or a deputy of
the director, shall review the apportionment made against the state trunk line
highway and listen to the proofs and allegations of the parties, and may view
the highway benefited. The written decision on the apportionment under this
subsection is final.