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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 1
receipt of bids for the construction of a drain at a specified 2
time, date, and location. If the drain commissioner directly or 3
indirectly maintains an official internet presence, the drain 4
commissioner shall post the advertisement for the receipt of bids 5
on a portion of the website that is fully accessible to the public 6
June 25, 2026, Introduced by Senators ANTHONY, BAYER, CAVANAGH, GEISS and
JOHNSON and referred to Committee on Local Government.
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at least not less than 10 days before, and shall maintain the 1
posting through, the date set for the receipt of bids. If the drain 2
commissioner does not maintain an official internet presence, the 3
advertisement shall must be so posted and maintained as described 4
in this subsection on the county website. 5
(2) The drain commissioner shall give notice, as described in 6
this section, of a public meeting to review the apportionment of 7
benefits. The meeting shall must be not less than 5 or more than 30 8
days after the date set for receiving bids. 9
(3) The notice under subsection (2) shall must be given by 10
publication in a newspaper published and of general circulation in 11
the county at least not less than 10 days before the date of the 12
review of the apportionment. 13
(4) The drain commissioner shall also send the notice under 14
subsection (2) by first-class mail, at least 10 days before the 15
date of the review of the apportionment of benefits, to each person 16
whose name appears on the last city or township tax roll as owning 17
land within the drainage district, at the address shown on the 18
roll. Notice need not be mailed to a person whose address does not 19
appear on the roll. The drain commissioner shall make an affidavit 20
of the mailing and shall recite in the affidavit that the notice 21
was mailed to all persons whose names and addresses appear on the 22
tax rolls as owning land within the drainage district. The 23
affidavit is conclusive proof that notice was mailed to each person 24
to whom notice is required to be mailed. If notice has been sent by 25
first-class mail as provided in this subsection, the failure to 26
receive notice by mail does not constitute a jurisdictional defect 27
invalidating a drain proceeding or assessment. If the drain 28
commissioner determines that the drain is necessary for the public 29
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health and that the whole cost of the drain, except that part which 1
may be apportioned for benefits to highways, shall must be 2
apportioned to municipalities, then mailing of individual notices 3
to persons owning land within the drainage district as provided in 4
this subsection is not required. 5
(5) The drain commissioner shall send the notice under 6
subsection (2) by email, if an email address is available, not less 7
than 10 days before the date of the review of the apportionment of 8
benefits, to each person whose name appears on the last city or 9
township tax roll as owning land within the drainage district. A 10
drain commissioner may establish a process by which each person 11
whose name appears on the last city or township tax roll as owning 12
land within the drainage district may provide an email address for 13
purposes of receiving notice under this subsection. 14
(6) (5) At least Not less than 10 days before the date of the 15
review of the apportionment, the drain commissioner shall serve the 16
notice under subsection (2) personally or by certified mail on the 17
county clerk and a member of the board of county road commissioners 18
of the county and on the supervisor of each township and clerk of 19
each city or village to be assessed at large. 20
(7) (6) The notice under subsection (2) shall must contain all 21
of the following: 22
(a) A statement that comments on the apportionment of benefits 23
may be submitted to the drain commissioner in writing before the 24
date of the meeting to review the apportionment or may be submitted 25
in writing or orally at the review. meeting. The statement shall 26
must specify the drain commissioner's postal mailing address and 27
electronic mail email address and indicate that comments submitted 28
in advance must be received by the drain commissioner before the 29
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date of the meeting to ensure consideration. 1
(b) The date, time, and place of the meeting to review the 2
apportionment of benefits. 3
(c) A statement that, at the meeting to review the 4
apportionment of benefits, the drain commissioner will have 5
available to review the tentative apportionments against parcels 6
and municipalities within the drainage district. 7
(d) For notice mailed to a person under subsection (4), a 8
clear and conspicuous cost summary, including, at a minimum, the 9
estimated percentage and dollar amount apportioned to that person's 10
land, the estimated annual dollar amount apportioned to that 11
person's land. , and 12
(e) For notice mailed to a person under subsection (4), the 13
estimated project assessment duration. 14
(f) (e) A statement that drain assessments against land will 15
be collected in the same manner as property taxes. 16
(g) (f) A statement that if drain assessments against land are 17
collected by installment, the land owner may pay the assessments in 18
full with any interest to date at any time and thereby avoid 19
further interest charges. 20
(h) (g) The name of each county, township, city, or village to 21
be assessed at large. 22
(i) (h) The name or number of the drain. 23
(j) (i) The address of a website, as provided for in 24
subsection (7), (8), and a statement that the following additional 25
information can be found at that address: 26
(i) A description of the land constituting the drainage 27
district for the drain. The description may be given by providing a 28
map of the drainage district, by designating the boundaries of the 29
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drainage district by streets, highways, parcels, or tracts of land, 1
or by describing the tracts or parcels of land constituting the 2
district. If a parcel or tract is partially located within the 3
district, for the purposes of the notice description only, the 4
drain commissioner may consider the entire parcel or tract to be 5
located in the district. 6
(ii) The number and length of sections, the average depth and 7
width of each section, and if the drain will be a closed drain, the 8
amount and specifications of all tile or pipe required. 9
(iii) The location, number, type, and size of all culverts and 10
bridges. 11
(iv) The conditions upon on which the contract will be awarded. 12
(8) (7) If the drain commissioner directly or indirectly 13
maintains an official internet presence, the drain commissioner 14
shall post the information described in subsection (6)(a) (7)(a) to 15
(c) and (e) (f) to (h) (i) on a portion of the website that is 16
fully accessible to the public and shall maintain the posting 17
through the date of the meeting to review the confirmation of the 18
final apportionment of benefits. If the drain commissioner does not 19
maintain an official internet presence, the information shall must 20
be so posted and maintained as described in this subsection on the 21
county website. 22
(9) (8) Notwithstanding the information provided in the notice 23
under subsection (6)(d)(7)(d) to (e), the drain commissioner may 24
subsequently make adjustments to any of the following that the 25
drain commissioner or drainage board considers necessary, without 26
further notice or an additional meeting to review the apportionment 27
of benefits: 28
(a) The estimated apportionment percentage. 29
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(b) The Subject to subsection (10), the estimated annual 1
project assessment. 2
(c) The estimated project assessment duration. 3
(10) If the drain commissioner makes adjustments that increase 4
or decrease the estimated annual project assessment provided in the 5
notice under subsection (2) by not less than 10%, the drain 6
commissioner shall mail a notice, and email a notice, if an email 7
address is available, regarding the new estimated annual project 8
assessment by first-class mail to each person whose name appears on 9
the last city or township tax roll as owning land within the 10
drainage district not less than 10 days before the confirmation of 11
the final apportionment of benefits. 12
(11) (9) Bids for the construction of the drain shall must be 13
received and the total cost of the drain shall must be computed 14
before the time set for review of the apportionment. The 15
computation shall must be open to inspection. If the computation is 16
not completed before the review of the apportionment, the drain 17
commissioner shall adjourn the review from time to time, not more 18
than 20 days in all, for the completion of the computation, or 19
shall call a new meeting to review the apportionment of benefits 20
and give notice as provided in subsections (3) to (7). (8). If the 21
contracts on which the computation was based are not executed and 22
new contracts are let at a higher price, the drain commissioner 23
shall correct the computation and, after giving notice as provided 24
in subsections (3) to (7), (8), hold a new review of the 25
apportionment. 26
(12) (10) At the date, time, and place specified in the 27
notice, or at another date, time, and place to which the county 28
drain commissioner may adjourn the meeting, the apportionment of 29
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benefits shall must be subject to review for at least 1 day. The 1
review shall must be held open from 9 a.m. until 5 p.m. At the 2
review, the county clerk or the county road commission may appear 3
on behalf of the county, the supervisor of a township may appear on 4
behalf of a township, the mayor or an officer of the city 5
designated by the mayor may appear on behalf of a city, and the 6
president may appear on behalf of a village. At the review the 7
county drain commissioner shall consider the proofs and allegations 8
and shall do both of the following: 9
(a) Carefully reconsider and review the apportionment of 10
benefits. 11
(b) Define and equalize the apportionment as is just and 12
equitable. 13
(13) (11) If an apportionment of benefits is made against a 14
state trunk line highway, unless the director of the state 15
transportation department of transportation consents in writing to 16
the apportionment, the drain commissioner shall notify by certified 17
mail the director of the state transportation department of 18
transportation of the percentage apportioned against the highway 19
and the date, time, and place for a review of apportionment of 20
benefits by the drain commissioner under subsection (2). The notice 21
shall must be mailed at least not less than 20 days before the 22
review of the apportionment. If the director of the state 23
transportation department of transportation instead desires to have 24
the apportionment of benefits reviewed by the director of the 25
department of agriculture and rural development, the director of 26
the state transportation department , within of transportation, not 27
less than 10 days after receiving the notice under this subsection, 28
shall file with the drain commissioner an objection to the 29
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apportionment. The drain commissioner shall notify the director of 1
the department of agriculture and rural development of the date, 2
time, and place for the review of apportionments. At the meeting, 3
the director of the department of agriculture and rural 4
development, or a deputy of the director, shall review the 5
apportionment made against the state trunk line highway and listen 6
to the proofs and allegations of the parties, and may view the 7
highway benefited. The written decision on the apportionment under 8
this subsection is final. 9