Bill
HB 5190
Gives local drain officials power to set reasonable per-meeting compensation and approve expenses for drain boards, replacing fixed per diem rules.
Status: Passed both chambers; presented to governor 12/31/2024; pocket vetoed 01/22/2025 (not enacted).
Primary purpose
- Give local drain officials (drain commissioners and drainage boards) authority to set “reasonable” per‑meeting compensation and approve necessary expenses for members of boards that administer Michigan’s Drain Code, rather than applying several fixed statutory per‑diem rules.
What the bill would change (key provisions)
- Replaces multiple statutorily fixed compensation rules for drain-related boards with a flexible, local determination:
- Board of determination members — instead of receiving per diem and mileage equal to the county board of commissioners, the drain commissioner would determine reasonable compensation and approve necessary expenses for each meeting attended.
- Board of determination for consolidation of drainage districts — instead of the current $8/day (with county board authority to increase), compensation would be set by the drain commissioner on a per‑meeting basis, with necessary expenses approved.
- Special (appointed) drain commissioners — compensation and expense reimbursement for a commissioner appointed to hear a petition (when the regular commissioner is disqualified) would be determined by the drain commissioner.
- Drainage board members (including county board chair and any county commissioners serving on a drainage board) — instead of the existing statutory cap of $25 per diem (exclusive of mileage/expenses) or a requirement that drain commissioner be paid the same as other members in counties under 500,000 residents, the drainage board would determine reasonable per‑meeting compensation and approve necessary expenses.
- Augmented drainage boards (for intercounty drains) — the augmented drainage board would determine reasonable compensation and approve necessary expenses for county chair and other county commissioners serving on it, replacing the former $25 per diem cap.
- Text amends sections 72, 384, 441, 464, and 515 of the Drain Code (1956 PA 40; MCL 280.72 et seq.).
Who would be affected
- Local officials and volunteers who serve on:
- Boards of determination,
- Drainage boards,
- Augmented drainage boards,
- Special appointed drain commissioners.
- Counties and drainage districts — potential changes in board member compensation/outlays will affect local budgets and drain assessments.
- State fiscal impact: none. Local fiscal impact: small; could be negative (higher compensation) or positive (local boards reduce compensation).
Fiscal and policy considerations
- Nonpartisan analyses: small fiscal impact on local governments; no state fiscal impact. The change centralizes compensation decisions locally, allowing flexibility to attract qualified members or reduce costs.
- Potential effects: increased variability in pay across counties and drainage districts; possible upward pressure on local compensation where boards choose higher rates.
Procedural/timeline notes
- Introduced Oct 24, 2023 (Rep. Jenn Hill).
- Passed House (June 20, 2024) and Senate (Dec. 11, 2024); enrolled and presented to governor 12/31/2024.
- Governor used pocket veto 01/22/2025; bill did not become law.
Context
- Committee reports frame the change as intended to allow fair compensation that helps attract qualified individuals for often lengthy and technical meetings. Similar measures were considered in prior legislative sessions (e.g., SB 866, 2021–22).
Compiled from official sources — confirm details with the bill’s official record.
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