Bill Text: MI SB0472 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Property; boundaries; state survey and remonumentation act; modify. Amends title & secs. 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 & 17 of 1990 PA 345 (MCL 54.262 et seq.) & adds secs. 9a, 9b & 17a.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Passed) 2014-07-16 - Assigned Pa 0166'14 With Immediate Effect [SB0472 Detail]
Download: Michigan-2013-SB0472-Introduced.html
SENATE BILL No. 472
September 10, 2013, Introduced by Senators WALKER, KAHN, KOWALL, BOOHER, JONES, PROOS, GREEN, HANSEN, CASPERSON, PAPPAGEORGE and EMMONS 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 the title and sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12,
15, and 17 (MCL 54.262, 54.263, 54.264, 54.266, 54.267, 54.268,
54.269, 54.270, 54.271, 54.272, 54.275, and 54.277), sections 2 and
12 as amended by 2010 PA 260, section 6 as amended by 1998 PA 5,
section 8 as amended by 2002 PA 489, and section 11 as amended by
2006 PA 76, and by adding sections 9a and 9b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to create a state survey and remonumentation commission
and to prescribe its powers and duties; to provide for the
appointment
of an executive director; a
program manager; to provide
for a contract for the services of a state geodetic advisor; to
create the state survey and remonumentation fund and to provide for
its use; to coordinate and implement the monumentation and
remonumentation of property controlling corners in this state and
coordinate the establishment of geographic information systems; and
to
provide for certain powers and duties of certain state and local
officers and agencies.
Sec. 2. As used in this act:
(a)
"Commission" means the director of the department of
energy,
labor, and economic growth.state
survey and remonumentation
commission created in section 3.
(b) "County plan" means a county monumentation and
remonumentation plan under section 8.
(c)
"Executive director" means the person appointed to that
office
under section 7.
(c) "Department" means the department of licensing and
regulatory affairs.
(d) "Fund" means the state survey and remonumentation fund
created in section 11.
(e) "Government corner" means any of the following:
(i) A public land survey section corner, quarter corner or
quarter post, or meander corner that was monumented on the ground
and established in the field notes of the original federal
government survey or a subsequent federal supplemental survey.
(ii) A corner of a military reservation, Indian reservation, or
federally recognized private claim as shown on the general land
office plats.
(iii) The terminus of a section line where it intersects a
military reservation, Indian reservation, or federally recognized
private claim as shown on the general land office plats.
(iv) A corner of a tract or subdivision of a tract surveyed
under contract with the federal government before the general land
office rectangular surveys.
(f) "Grant administrator" means an individual appointed under
section 9a.
(g) "Program manager" means the employee in charge of the
state survey and remonumentation section in the department as
described in section 7.
(h) (e)
"Property controlling
corner" for a property means a
public
land survey corner or any property corner that does not lie
on
a property line of the property in question but that controls
the
location of 1 or more of the property corners of the property
in
question.any of the
following:
(i) A position misidentified and used as a government corner or
a protracted position that serves to control property lines.
(ii) A monumented position that is not a government corner,
lying on a section line or quarter line near a body of water, that
serves to define the section line or quarter line in lieu of a
submerged government position or an omitted meander position.
(iii) Any other corner approved by the commission.
(i) "Protracted position" means a closing quarter section
position along a township or range line or a center quarter section
position that was not actually monumented on the ground in the
field notes of the original federal government survey, but that
serves to complete the nominal half-mile grid of government
corners.
Sec. 3. (1) The state survey and remonumentation commission is
created
in the department. of commerce.
(2)
The commission shall consist of 5 members. , who shall be
appointed
by the The governor
shall appoint the members, with the
advice and consent of the senate, as follows:
(a) One member shall be appointed to represent the general
public.
(b)
The remaining 4 members shall must
be land professional
surveyors
licensed pursuant to under
article 20 of the occupational
code,
Act No. 299 of the Public Acts of 1980, being sections 1980
PA
299, MCL 339.2001 to 339.2014, of
the Michigan Compiled Laws, 1
of
whom must also shall be serving as a county surveyor
for a
county in this state. The 4 members appointed under this
subdivision
shall must be residents of the following areas of this
state:
(i) One shall must be a resident of the
Upper Peninsula, of
Michigan,
1 shall must be
a resident of the area of the Lower
Peninsula
of Michigan that is north of the survey township line
lying between survey township 16 north and survey township 17
north,
and 1 shall must be a resident of the area of the Lower
Peninsula
of Michigan that is south of the survey township line
lying between survey township 16 north and survey township 17
north.
(ii) One shall must be a member at large,
and shall may be a
resident of any area of this state.
(3)
Of the 5 members first appointed to the commission, 1
shall
be appointed for a term of 1 year, 1 for a term of 2 years, 1
for
a term of 3 years, and 2 for terms of 4 years each. At the
expiration
of the term of each a member, the governor shall appoint
a successor, who shall hold office for a term of 4 years and until
his
or her successor has been appointed and qualified. A If there
is a vacancy in the office of a member of the commission, the
governor
shall be filled by appointment by
the governor, appoint a
successor, with the advice and consent of the senate, for the
unexpired term.
(4) Members of the commission shall serve without
compensation, but shall be reimbursed from the fund for actual and
necessary
per diem expenses in accordance with standards
established annually by the legislature for similar boards or
commissions. that
are reimbursed from the general fund.
Sec. 4. At the commission's first meeting, 1 member of the
commission shall be selected by a majority of the commission
members
to be chairperson. The commission shall meet at least 4 2
times each year, at a time and place agreed upon by the commission.
The chairperson may call special meetings at a time and place
determined by the chairperson.
Sec. 6. (1) The commission shall do all of the following:
(a) Coordinate and provide for the funding of the restoration,
maintenance, and the preservation of the land survey records of
vertical and horizontal monuments, the public land survey system,
and the property controlling corners established by the United
States public land survey and by the national geodetic survey
within
this state, including, but not necessarily limited to, all
pertinent field notes, plats, and documents; and coordinate the
restoration, establishment, maintenance, and preservation of other
boundary records otherwise established by law, or considered by the
commission to be of importance.
(b) Establish, maintain, and provide for the funding of safe
storage facilities for a comprehensive system of recordation and
dissemination of land information records.
(c) Coordinate and provide for the funding of the extension,
densification, and maintenance of the horizontal and vertical
control networks initiated by the federal government through the
national geodetic survey and the United States geological survey. If
provided for in the county plan, a county may provide support for
the extension, densification, upgrade, and maintenance of the
continuously operating reference stations.
(d) Coordinate and provide for the funding of the collection
and preservation of information obtained from surveys made by
persons or organizations authorized to establish monuments or land
boundaries, and to assist in proper recording of monuments or land
boundaries by county surveyors or registers of deeds.
(e) Foster, encourage, and promote the establishment of
remonumentation programs in every county in this state.
(f) Establish and maintain a data base of information on
approved monumented horizontal and vertical control in this state.
(g)
On or before By October 1
, 1993, and biennially after
October
1, 1993, in each odd-numbered
year, submit a report to the
legislature. The report shall include, but not be limited to, all
of the following:
(i) A summary of the commission's activities regarding
administration of this act.
(ii) An assessment of the progress of the implementation of
county monumentation and remonumentation plans throughout this
state.
(iii) A statement regarding the amount of money that was
received and disbursed from the fund.
(iv) An assessment of how much money is necessary to carry out
monumentation or remonumentation of the entire state.
(v) An assessment of whether the money received in the fund is
adequate to implement this act.
(vi) Recommendations including, but not limited to, the level
of funding that is necessary to implement this act.
(h)
On or before October 1, 1993, submit a copy of the initial
report
that is prepared pursuant to subdivision (g) to the county
board
of commissioners of each county of this state.
(h) (i)
Establish and administer a grant
program to counties
to implement this act.
(2) If a county or 2 or more counties elect to expedite the
county's or counties' plan as provided in section 8(5), the
commission shall enter into a contract described in section 8(5) to
pay or reimburse the costs of expediting the plan. The amount
expended or borrowed for expediting the county's or counties' plan
shall be paid from the fund as provided in section 12(2) and (4).
(3) The commission shall perform all of the following
appellate duties:
(a) Mediate disputes between counties regarding corner
location or a common county line.
(b) Act as an appellate board to review appeals of corner
location decisions.
(c) Hold public hearings to resolve disputes over the
interpretation of a county plan or this act.
Sec.
7. (1) The commission shall appoint an executive
director.
The executive director, under the direction of the
commission,
shall carry out the routine duties of the commission,
as
delegated to the executive director by the commission. The
executive
director shall retain employees, including at least 1
licensed
surveyor and adequate secretarial staff, as the executive
director
considers necessary. The employees shall be classified
civil
servants.The employee in
direct charge of the state survey
and remonumentation section in the department that performs
services for the director of the department and the commission
under this act, and that employee's chief assistant, must each be
licensed as a professional surveyor under article 20 of the
occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.
(2) The commission shall enter into a contract with a geodetic
advisor
qualified to perform the duties described in section 6(c).
6(1)(c).
Sec. 8. (1) Each county shall establish a county monumentation
and
remonumentation plan. Not later than 1 year after By January
1,
1991,
1992, 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 By
January 1, 1994,
each
county shall have submitted submit
a county plan that is
approved by the commission. An approved county plan must include a
peer review for all remonumented corners. The peer review must be
conducted by 3 or more noninterested licensed professional
surveyors and paid for as provided in the county plan.
(2) A county plan shall provide for all of the following:
(a) A 2-phase program that consists of both of the following:
(i) Phase 1, which shall accomplish all of the following:
(A)
(a) The monumentation or remonumentation of the entire
government
corners within the county , within
20 years, and the
protracted position and property controlling position within the
county that are included in the county plan under the guidelines of
the manual of instructions for the survey of the public lands of
the
United States, 1973, 2009, prepared by the bureau of land
management
of the department of interior. , technical bulletin 6,
or
subsequent editions.
(B) The establishment of precise geodetic coordinates for each
corner remonumented under sub-subparagraph (A), if the county so
directs, and as expressed in the county plan. Coordinates established
under this sub-subparagraph shall be reported and recorded as state
plane coordinates expressed to the nearest 1/100 of a foot, as
required by 1964 PA 9, MCL 54.231 to 54.239.
(ii) Phase 2, which shall consist of a perpetual monument
maintenance plan that provides for all corners to be checked, and
if necessary remonumented.
(b) The provision of copies of all survey monumentation
information produced by the county plan to the county surveyor and,
as requested, to 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.
(d) An appendix, to be revised and updated at the end of each
grant year, that contains both of the following:
(i) An explicit inventory and the total quantity of the corners
completed to date.
(ii) An explicit inventory and the total quantity of the
corners yet to be completed.
(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 must meet 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 as
provided in section 10.
(5) Upon the establishment and approval by the commission of a
county
plan, a county may expend or borrow funds money to expedite
the completion of its plan. If a county or 2 or more counties elect
to
expend or borrow funds money
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 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
subject to the provisions of the revised municipal finance act,
2001 PA 34, MCL 141.2101 to 141.2821.
Sec. 9. The county surveyor in each county in this state shall
be
the county representative for all surveying projects approved by
or
initiated through the commission. under this act. In a county
that does not have a county surveyor, a licensed professional
surveyor shall be appointed and shall perform the duties described
in this section.
Sec. 9a. (1) A county board of commissioners shall appoint an
individual to act as the grant administrator to manage the county's
obligations for all projects approved or initiated under this act.
(2) A grant administrator shall coordinate with the county
representative on all surveying projects approved or initiated by
the commission and shall perform the duties prescribed under this
act, including, but not limited to, all of the following:
(a) Submitting a grant application and supporting documents to
the commission by December 31 of each year.
(b) Managing the process for selecting monumentation
surveyors.
(c) Submitting proposed county monumentation surveyor
contracts to the board of county commissioners for approval and
authorization.
(d) Recommending payment to monumentation surveyors as
provided by contract.
(e) Submitting other documentation as required by the
commission.
(3) If the surveyor acting as the county representative is not
a monumentation surveyor, the surveyor may be appointed and also
act as the county grant administrator.
Sec. 9b. A county board of commissioners shall appoint a peer
review group to review remonumentation documentation and corner
positions of projects approved or initiated under this act.
Sec. 10. (1) Any monumentation or remonumentation conducted by
the
commission shall be pursuant to conducted
under a negotiated
contracts.
contract. The commission shall prepare specifications
for
each contract negotiated by the commission , and shall monitor
the
field work and notes of all work done under each contract to
ensure compliance with those specifications.
(2) The commission shall pay the cost of any contracts under
this section from the fund.
Sec. 11. (1) The state survey and remonumentation fund is
created in the state treasury as a separate fund. The fund shall be
administered by the commission.
(2) Money deposited in the fund, and all interest and earnings
generated
by the fund, except as otherwise provided in this
section,
shall not lapse at the end of a
fiscal year, but shall
remain
in the fund to be expended as provided in this act. For the
fiscal
year ending September 30, 2006 only, $15,000,000.00 of the
unreserved
balance in the fund shall be deposited in the state
general
fund.
(3)
The fund may accept funds money
received as gifts or
donations,
or funds money received from individuals or corporations
to be used for purposes of this act.
(4) The commission may direct the department of treasury to
establish restricted subaccounts within the fund as necessary to
administer the fund.
(5)
In addition to any other appropriation, it is the intent
of
the legislature that this state appropriate an amount from the
general
fund to the fund equal to the difference between the amount
deposited
into the fund in the fiscal year and the following
amounts
for the following fiscal years:
(a)
$10,134,000.00 in the 2005-2006 fiscal year.
(b)
$11,134,000.00 in the 2006-2007 and the 2007-2008 fiscal
years.
(6)
Subsection (5) only applies if the amount deposited into
the
fund is less than $10,134,000.00 in the 2005-2006 fiscal year
and
$11,134,000.00 in the 2006-2007 and the 2007-2008 fiscal years.
Sec. 12. (1) 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).8.
(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).8.
(c) The implementation of county plans that are initiated and
contracted
for by the commission pursuant to under 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).
8. 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 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 described in section 8(6) and (7),
for a county or 2 or more counties that have elected to expend or
borrow
funds money to expedite the implementation of the county's
or counties' plan.
(3) Of the money collected and remitted to the state treasurer
for
deposit in the fund pursuant to under
section 2567a of the
revised
judicature act of 1961, 1961 PA 236, MCL 600.2567a, both of
the
following shall apply:
(a)
An an annual grant to a county pursuant to under
subsection
(1)(a) or to 2 or more counties pursuant to under
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 the commission contracts with a county or 2 or more
counties
that elect to expend or borrow funds money to expedite the
implementation of the county's or counties' plan under section
6(2),
the commission shall annually pay to that the county or
counties
in lieu instead of any grant or payments under subsection
(3) an amount that is not less than 40% of the amount of money
collected
in that the 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) 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 only
for that purpose.
Sec.
15. (1) A recipient of a grant made pursuant to under
section 12(1)(a), (b), or (d) 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
under 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 under
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.
Sec.
17. The department of commerce shall promulgate rules
pursuant
to the administrative procedures act of 1969, Act No. 306
of
the Public Acts of 1969, being sections 1969 PA 306, MCL 24.201
to
24.328, of the Michigan Compiled Laws, to implement
this act. In
doing so, the department shall consider recommendations provided to
them
it by the commission.
Enacting section 1. This amendatory act takes effect January
1, 2014.
