Bill Text: MI SB0627 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Land use: other; remonumentation of the Indiana-Michigan state line; provide for. Creates and repeals new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-05-24 - Assigned Pa 0081'22 With Immediate Effect [SB0627 Detail]
Download: Michigan-2021-SB0627-Engrossed.html
Substitute For
SENATE BILL NO. 627
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "Michigan-Indiana state line monumentation act".
(a) "Commission" means the Michigan-Indiana state line commission established in section 5(1).
(b) "Monument" means a relatively permanent physical marker.
Sec. 5. (1) The Michigan-Indiana state line commission is established in the department of licensing and regulatory affairs.
(2) The commission consists of the county surveyors of Berrien County, Cass County, St. Joseph County, Branch County, and Hillsdale County, who shall serve ex officio. If a county surveyor is unable to serve for any reason, the governor shall appoint a surveyor licensed in this state and who is a resident of the same county as that county surveyor. A member of the commission appointed by the governor shall serve for a term of 2 years. The governor may remove a member of the commission appointed by the governor, for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(3) The first meeting of the commission shall be called by the director of the department of licensing and regulatory affairs. At the first meeting of the commission, the commission shall elect from among its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the commission shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 3 or more members.
(4) A majority of the members of the commission constitute a quorum for transacting business. A vote in favor by a majority of the members serving is required for any action of the commission.
(5) The commission shall conduct its business in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(6) A writing that is prepared, owned, used, possessed, or retained by the commission in performing an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(7) A member of the commission is not entitled to compensation for service on the commission but may be reimbursed for actual and necessary expenses incurred in serving.
Sec. 7. (1) Subject to subsection (2), the commission shall do all of the following:
(a) Administer a survey and remonumentation of the Michigan-Indiana state line.
(b) Recover or reestablish monuments at the mileposts and intermediate monument control points of the Michigan-Indiana state line as established in the 1827 federal survey that defined that line. The commission also shall recover or reestablish monuments at the posts originally set at or near the shores of lakes and large rivers of the Michigan-Indiana state line as established in the 1827 federal survey, or witness corners for set posts. The commission shall review the survey upon completion of each milepost.
(c) Compile appropriate records and documents verifying the location of the mileposts, and process those records and documents through the state survey and remonumentation commission created in section 3 of the state survey and remonumentation act, 1990 PA 345, MCL 54.263.
(d) Resolve any differences revealed by the survey between record documents and recovered evidence regarding the location of mileposts defining the Michigan-Indiana state line.
(2) The commission shall not replace lost corner positions if the state of Indiana does not participate in the survey and remonumentation project as authorized by Indiana law.
(3) To accomplish the purposes of this act, the commission or its representative may meet and collaborate with a similar commission established by the state of Indiana or that commission's representative.
Sec. 9. (1) Upon completion of the survey and remonumentation, the commission shall submit the survey to the legislature of this state for approval by public act. The survey shall be accompanied by a report of the commission that states whether there are differences between the survey and the survey of a similar commission established by the state of Indiana and explains any differences.
(2) If the legislature approves the survey, for each milepost or the posts originally set at or near the shores of lakes or large rivers determined under this act, the commission shall do both of the following:
(a) File with the appropriate county register of deeds a land corner recordation certificate under the state corner recordation act, 1970 PA 74, MCL 54.201 to 54.210d, that provides appropriate references and Michigan state plane coordinates.
(b) File a copy of the certificate under subdivision (a) with the state survey and remonumentation commission created under section 3 of the state survey and remonumentation act, 1990 PA 345, MCL 54.263.
Sec. 11. The commission shall procure professional surveying services through negotiated contracts. The commission shall award contracts only to persons incorporated in this state or with a principal place of business in this state.
