2007 House Bill 4644

Revise drain code commission law details

Introduced in the House

April 24, 2007

Introduced by Rep. Frank Accavitti (D-42)

To prohibit a person from "obstructing, permitting an obstruction, or otherwise interfering with or encroaching upon a drain or a drain right-of-way." Under current law, criminal penalties apply just to obstructing a drain. Note: "Drains" are the interconnected systems of ditches and other watercourses dug in the 19th century to convert large parts of Michigan from swamp to arable cropland.

Referred to the Committee on Agriculture

May 10, 2007

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

July 25, 2007

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute failed by voice vote

Substitute offered by Rep. Frank Accavitti (D-42)

To replace the previous version of the bill with one that also would require a drain commissioner to consider any environmental impact before commencing any work to remove a drain obstruction.

The substitute passed by voice vote

Amendment offered by Rep. Richard Ball (R-85)

To clarify an exemption to the term "obstruction" that applies to roadways, culverts, etc.

The amendment passed by voice vote

Aug. 8, 2007

Passed in the House 73 to 31 (details)

To prohibit a person from "obstructing, permitting an obstruction, or otherwise interfering with or encroaching upon a drain or a drain right-of-way." Under current law, criminal penalties apply just to obstructing a drain. The bill would also require a drain commissioner to consider any environmental impact before commencing any work to remove a drain obstruction.

Received in the Senate

Aug. 22, 2007

Referred to the Committee on Agriculture and Bioeconomy