Bill Text: MI SB1300 | 2011-2012 | 96th Legislature | Introduced
Bill Title: State financing and management; funds; eligibility for grants from state survey and remonumentation fund; eliminate for counties retaining certain recording fees as reimbursement for costs of expediting survey and remonumentation plan. Amends secs. 8, 12 & 15 of 1990 PA 345 (MCL 54.268 et seq.). TIE BAR WITH: SB 1299'12
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-27 - Referred To Committee Of The Whole [SB1300 Detail]
Download: Michigan-2011-SB1300-Introduced.html
SENATE BILL No. 1300
September 20, 2012, Introduced by Senator MEEKHOF and referred to the Committee on Local Government and Elections.
A bill to amend 1990 PA 345, entitled
"State survey and remonumentation act,"
by amending sections 8, 12, and 15 (MCL 54.268, 54.272, and
54.275), section 8 as amended by 2002 PA 489 and section 12 as
amended by 2010 PA 260.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) Each county shall establish a county monumentation
and
remonumentation plan. Not later than 1 year after January 1,
1991,
the commission shall create and distribute a model county
plan
that may be adopted by a county with any changes appropriate
for
that county. Not later than January 1, 1994, each county
shall
have
submitted submit a county plan that is approved by the
commission.
(2) A county plan shall provide for all of the following:
(a) The monumentation or remonumentation of the entire county,
within 20 years, unless that time period is extended under
subsection (8), under the guidelines of the manual of instructions
for the survey of the public lands of the United States, 1973,
prepared by the bureau of land management of the department of
interior, technical bulletin 6, or subsequent editions.
(b) The provision of copies of all survey monumentation
information produced by the county plan to the county surveyor and
the commission.
(c) The filing with the county surveyor and the commission of
copies of all monumentation or remonumentation documents required
to be recorded with the register of deeds under the corner
recordation act, 1970 PA 74, MCL 54.201 to 54.210d, or recorded
with the register of deeds under 1970 PA 132, MCL 54.211 to 54.213.
(d) A perpetual monument maintenance plan that provides for
all corners to be checked, and if necessary remonumented, at least
once every 20 years.
(e) Any other provisions reasonably required by the commission
for purposes of this act.
(3) Two or more contiguous counties may submit a multicounty
plan ,
which shall meet that, for
each county, meets the same
requirements
within each member county as are established for a
county plan under this act.
(4) If a county fails to establish and submit a plan that is
approved by the commission within the time required under
subsection (1), the commission shall initiate and contract for the
implementation of a county plan in that county pursuant to section
10.
(5) Upon the establishment and approval by the commission of a
county plan, a county may expend or borrow funds to expedite the
completion of its plan. If a county or 2 or more counties elect to
expend or borrow funds to expedite their county plan, the
commission shall enter into a contract to provide that the costs to
expedite that plan including the payment of the principal of and
interest on the bonds issued under subsection (7) are reimbursed or
paid from the fund as provided in section 12(2) and (4).
(6)
A Subject to section
12(5), a county or 2 or more counties
that expended or borrowed money to expedite their county plan after
January 1, 1991 may recapture costs expended or borrowed and used
to expedite that plan, which shall be paid out of the fund as
provided in section 12(2) and (4). The commission shall pay those
costs to the county over a period of not less than 10 years.
(7) Upon the establishment and approval by the commission of a
county plan, a county or 2 or more counties seeking to expedite
their county plan may by resolution of the county board of
commissioners, and without the vote of its electors, issue bonds
payable primarily from the money received or to be received under
the contract provided for in subsection (5). These bonds may be
secured by a limited tax full faith and credit pledge of the county
or counties. The bonds shall be payable in annual installments, and
unless otherwise determined by the commission, the annual
installments are not to exceed the length of the contract that the
county or counties entered into with the commission under
subsection
(5). The issuance of bonds under this section shall be
is
subject to the provisions of the
revised municipal finance act,
2001 PA 34, MCL 141.2101 to 141.2821.
(8) A county that submitted a plan providing for the
monumentation or remonumentation of the county within 20 years may
request that the commission approve a modification to the plan that
extends that time period by not more than an additional 20 years.
The commission shall grant the request unless it finds that the
county has not made a good-faith effort to carry out its plan as
originally submitted.
Sec.
12. (1) Money Subject to
subsection (5), money in the
fund shall be used by the commission for the following purposes:
(a) Annual grants to the various counties to implement their
county plans, excluding the perpetual monument maintenance plan
described in section 8(2)(d).
(b) Annual grants to 2 or more counties to implement their
multicounty plan, excluding the perpetual monument maintenance plan
described in section 8(2)(d).
(c) The implementation of county plans that are initiated and
contracted for by the commission pursuant to section 8(4).
(d) An annual grant to each county that has a county plan or
to 2 or more counties that have a multicounty plan to implement the
perpetual monument maintenance plan described in section 8(2)(d).
The commission shall make not less than 5% of the total amount of
the fund available for grants under this subdivision.
(e) The payment of contracts that are entered into by the
commission under section 10.
(f) Other activities necessary, incidental, or appropriate to
implement this act.
(2)
In Subject to subsection
(5), in addition to the purposes
described in subsection (1), money in the fund shall be used to pay
the
costs of expediting a plan or to reimburse the cost costs
described in section 8(6) and (7), for a county or 2 or more
counties that have elected under section 8(5) to expend or borrow
funds to expedite the implementation of the county's or counties'
plan.
(3)
Of Subject to subsection
(5), both of the following apply
to expenditures of the money collected and remitted to the state
treasurer for deposit in the fund pursuant to section 2567a of the
revised
judicature act of 1961, 1961 PA 236, MCL 600.2567a: ,
both
of
the following shall apply:
(a) An annual grant to a county pursuant to subsection (1)(a)
or to 2 or more counties pursuant to subsection (1)(b) shall be in
an amount that is not less than 40% of the amount of money
collected in that county or those counties, as applicable, under
section 2567a of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2567a, during the calendar year immediately preceding the
year in which the grant is made.
(b) If the commission initiates and contracts for the
implementation of a county plan for a county pursuant to section
8(4), the commission shall annually spend an amount that is not
less than 40% of the amount of money collected in that county under
section 2567a of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2567a, during the calendar year immediately preceding the
year in which the expenditure is made, to implement that county
plan.
(4)
If Subject to subsection
(5), if the commission contracts
under section 6(2) with a county or 2 or more counties that elect
to expend or borrow funds to expedite the implementation of the
county's
or counties' plan under section 6(2) 8(5), the commission
shall annually pay to that county or those counties until the
contract is paid in full, in lieu of any grant or payments under
subsection (3) an amount that is not less than 40% of the amount of
money collected in that county or counties under section 2567a of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2567a,
during
the calendar year. and will be paid in annual installments
until
the contract is paid in full.
(5) A county that retains fees under section 2567a(3)(b) of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2567a, is
not eligible for a grant or payment under section 8(6) or this
section.
(6) (5)
In addition to the purposes
described in subsections
(1) and (2), any amount of money not greater than $500,000.00 that
is appropriated by the legislature to pay the costs of the
monumentation of the Michigan-Indiana state boundary line pursuant
to
the Michigan and Indiana state line monument monumentation act,
2010
PA 259, MCL 54.291 to 54.305, shall be
used by the department
of
energy, labor, and economic growth commission
only for that
purpose.
Sec. 15. (1) A recipient of a grant made pursuant to section
12(1)(a), (b), or (d) or a county or counties that retain recording
fees under section 2567a(3)(b) of the revised judicature act of
1961, 1961 PA 236, MCL 600.2567a, shall obtain authorization from
the commission before implementing a change that significantly
alters the approved county plan or multicounty plan.
(2) The commission may revoke a grant made by it pursuant to
this act or withhold payment if the recipient of the grant fails to
comply with the terms and conditions of the grant, or with
requirements of this act or the rules promulgated pursuant to this
act.
(3) The commission may withhold a grant until the commission
determines that the recipient is able to proceed with the
implementation of the county plan or multicounty plan.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1299
of the 96th Legislature is enacted into law.
