Bill Text: MI SB0375 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State financing and management; funds; state survey and remonumentation fund; revise to allow expenditures for monumentation of state border. Amends secs. 2 & 12 of 1990 PA 345 (MCL 54.262 & 54.272). TIE BAR WITH: SB 0374'09
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0260'10 With Immediate Effect [SB0375 Detail]
Download: Michigan-2009-SB0375-Engrossed.html
SB-0375, As Passed House, December 2, 2010
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
Senate Bill No. 375 (S-2) as amended February 25, 2010
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. [
]
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 374 of the 95th Legislature is enacted into
law.
