2007 House Bill 4688 / 2008 Public Act 509

Authorize higher drain tax assessments

Introduced in the House

May 1, 2007

Introduced by Rep. Neal Nitz (R-78)

To increase the amount that a county drain commissioner can assess district property owners for the maintenance of county drainage ditch systems, from $1,250 per mile to $2,500 per mile, or more than that with the approval of the county board. Also, to increase the amount the drain commission can spend on the maintenance of a drain before requiring county board approval, and the amount the board can approve. Also, to allow portions of the salaries, expenses, and fringe benefits of drain commission administrative and engineering employees to be charged to funds that hold these assessments, rather than paid by the county commission out of other tax revenue. Finally, to revise the current-law requirement that the drain commission notify landownwers of assessment increases by first class mail and through a newspaper ad, and instead allow them to do one or the other. Note: “Drain” refers to the interconnected system of man-made ditches that was created in the 19th and early 20th century to convert much of Michigan from swampland unsuitable for agriculture into 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 does not revise the requirement that a drain commission notify landownwers of an assessment increases by first class mail or through a newspaper ad. Instead, the current law requirement for both would be retained.

The substitute passed by voice vote

Amendment offered by Rep. Neal Nitz (R-78)

To remove a provision that did not allow the drain commissions of large urban counties to cover the cost of administrators and engineers in drain assessments imposed on property owners.

The amendment passed by voice vote

Aug. 8, 2007

Passed in the House 56 to 48 (details)

To increase the amount that a county drain commissioner can assess district property owners for the maintenance of county drainage ditch systems, from $1,250 per mile to $2,500 per mile, or more than that with the approval of the county board. Also, to increase the amount the drain commission can spend on the maintenance of a drain before requiring county board approval, and increase the amount the board can approve. Also, to allow portions of the salaries, expenses, and fringe benefits of drain commission administrative and engineering employees to be charged to funds that hold these assessments, rather than paid by the county commission out of other tax revenue. Note: “Drain” refers to the interconnected system of man-made ditches that was created in the 19th and early 20th century to convert much of Michigan from swampland unsuitable for agriculture into arable cropland.

Received in the Senate

Aug. 22, 2007

Referred to the Committee on Agriculture and Bioeconomy

Dec. 19, 2008

Substitute offered by Sen. Liz Brater (D-18)

To replace the previous version of the bill with one that would authorize the establishment of watershed management districts.

The substitute failed 14 to 21 (details)

Passed in the Senate 20 to 14 (details)

To increase the amount that a county drain commissioner can assess district property owners for the maintenance of county drainage ditch systems, from $1,250 per mile to $2,500 per mile, or more than that with the approval of the county board. Also, to increase the amount the drain commission can spend on the maintenance of a drain before requiring county board approval, and increase the amount the board can approve. Also, to allow portions of the salaries, expenses, and fringe benefits of drain commission administrative and engineering employees to be charged to funds that hold these assessments, rather than paid by the county commission out of other tax revenue. Note: “Drain” refers to the interconnected system of man-made ditches that was created in the 19th and early 20th century to convert much of Michigan from swampland unsuitable for agriculture into arable cropland.

Signed by Gov. Jennifer Granholm

Dec. 31, 2008