November 9, 2005, Introduced by Senators PATTERSON, KUIPERS, HARDIMAN, GOSCHKA, ALLEN and McMANUS and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1990 PA 345, entitled
"State survey and remonumentation act,"
by amending section 8 (MCL 54.268), as amended by 2002 PA 489.
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
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 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, 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. The
monumentation or remonumentation may utilize the real time
kinematic GPS standards developed by the Michigan department of
transportation.
(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 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 county 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 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
shall 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.