2023 House Bill 5188 / 2024 Public Act 237

Drains: other; provision related to drain inspections; modify. .

An act to amend 1956 PA 40, entitled “An act to codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,” by amending section 196 (MCL 280.196), as amended by 2020 PA 291.

House Fiscal Agency Analysis

When a drainage district’s drain fund contains less than $5,000 per mile or fraction of a mile of a drain, the drain commissioner or drainage board, as appropriate, can only assess the district up to $2,500 per mile or fraction of a mile in a single year for drain inspection, repair, and maintenance. House Bill 5188 would double these amounts, allowing a drain commissioner or board to assess a district up to $5,000 per mile or fraction of a mile when the drain fund is below $10,000 per mile or fraction of a mile of a drain.

Introduced in the House

Oct. 24, 2023

Introduced by Rep. Amos O’Neal (D-94) and 12 co-sponsors

Co-sponsored by Reps. Jenn Hill (D-109), Robert Bezotte (R-50), Stephanie Young (D-16), Cynthia Neeley (D-70), Alabas Farhat (D-3), Jimmie Wilson (D-32), Brenda Carter (D-53), Kara Hope (D-74), Emily Dievendorf (D-77), Rachel Hood (D-81), Tyrone Carter (D-1) and Kevin Coleman (D-25)

Referred to the Committee on Local Government and Municipal Finance

June 12, 2024

Reported with substitute H-2

June 18, 2024

Substitute H-2 concurred in by voice vote

June 20, 2024

Passed in the House 76 to 33 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 25, 2024

Referred to the Committee on Local Government

Nov. 12, 2024

Reported without amendment

Nov. 13, 2024

Referred to the Committee of the Whole

Dec. 10, 2024

Reported without amendment

Dec. 11, 2024

Passed in the Senate 24 to 12 (details)

Signed by Gov. Gretchen Whitmer

Jan. 17, 2025