SB-0375, As Passed Senate, May 6, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 375

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1990 PA 345, entitled

 

"State survey and remonumentation act,"

 

by amending sections 2 and 12 (MCL 54.262 and 54.272), section 2 as

 

amended by 1998 PA 5 and section 12 as amended by 2002 PA 489.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Commission" means the director of the department of

 

consumer and industry services energy, labor, and economic growth.

 

     (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.

 

     (d) "Fund" means the state survey and remonumentation fund

 

created in section 11.

 

     (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.

 

     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).

 

     (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 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 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 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 the commission contracts 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), the commission shall annually pay to that county or counties

 

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) 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 act shall be used

 

by the department of energy, labor, and economic growth only for

 

that purpose. However, the appropriation described in this

 

subsection shall not come from 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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 374 of the 95th Legislature is enacted into

 

law.