HomeMy WebLinkAboutResolutions - 2003.05.08 - 27237REPORT (MISC. 103086) May 8, 2003
By: Finance Committee, Chuck Moss, Chairperson
IN RE: MR #03086 - CLERK/REGISTER OF DEEDS - CREATION OF AN
AUTOMATION FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-titled
resolution on May 1, 2003, recommends the resolution be amended to insert the
following language after the fourth WHEREAS paragraph.
WHEREAS, in addition to other fees prescribed in
subsection (1) or (3), a register of deeds shall collect a fee of $2.00
for entering and recording a deed, mortgage, certified copy of an
attachment, notice of the pendency of a suit, or other instruments.
The fee shall be paid when the deed, mortgage, certified copy of an
attachment, notice of the pendency of a suit, or other instrument is
left for record.
Chairperson, on behalf of the Finance Committee, I move the foregoing
report.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Gregory and Patterson
absent.
MISCELLANEOUS RESOLUTION 103086 April 17, 2003
By: General Government Committee, Vviiiiam R. Patterson, Chairperson
IN RE: CLERK/REGISTER OF DEEDS — CREATION OF AN AUTOMATION FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 698 of 2002, takes effect March 31, 2003 expanding the Revised
Judicature Act to require all counties in Michigan to create an "Automation Fund"; and
WHEREAS the fund is required to be expended by the Register of Deeds for upgrading
technology within the Register's Office with priority given to book indexing, upgrading search capabilities;
and
WHEREAS the act defines upgrading technology as including the design and purchase of
equipment and supplies, and implementation of systems and procedures that allow the Register of Deeds
to receive, enter, record, certify, index, store, search retrieve, copy and otherwise process by automated
procedures and advanced technology documents, instruments, abstracts, maps and plats and other items
recorded and maintained by the Register of Deeds; and
WHEREAS funding for this program will come from an increase in recording fees as described in
Pubic Act 698 of 2002, which increased the fee for the first page from $5.00 to $8.00 and the second
page from $2.00 to $3.00; and
WHEREAS within four years after the effective date of the act, the Register is required to prepare
a report to the legislature that addresses the progress made since the effective date of this act and the
extent to which records have been made computer accessible by way of Internet web sites or other on-
line media; and
WHEREAS this fund is subject to an appropriation under the uniform budgeting and accounting
act, 1968 PA 2, MCL 141.421 to 141.440a.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the creation of an Automation Fund as required under Public Act 698 of 2002.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the increase in recording fees as described in Public Act 698 of 2002, which increased the fee
for the first page from $5.00 to $8.00 and the second page from $2.00 to $3.00.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried unanimously on a roll call vote with Webster and Hatchett absent.
At No. 698
Public Acts of 2002
Approved by the Governor
December 30, 2002
Filed with the Secretary of State
December 30, 2002
EFFECTIVE DATE: March 31, 2003
STATE OF MICHIGAN
91ST LEGISLATURE
REGULAR SESSION OF 2002
Introduced by Senator Haunmerstrout
ENROLLED SENATE BILL No. 63
AN ACT to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization
and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers
thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be
brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said
courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts
of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by
amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2568.
The People of the State of Michigan enact:
Sec. 2567. (1) Except as provided in subsection (3), a register of deeds is entitled to the following fees, which are not
taxable as costs except as indicated:
(a) For entering and recording a deed, mortgage, certified copy of an attachment, notice of the pendency of a suit,
or other instrument, $8.00 for the first page and $3.00 for each additional and succeeding page. The fee shall be paid
when the deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument is left
for record. Until December 31, 2006, the register of deeds shall deposit $5.00 of the total fee collected for each recording
into the automation fund established under section 2568. For any document that assigns or discharges more than
1 instrument, $3.00 shall be added to the recording fee for each additional instrument assigned or discharged.
(b) For copies of any records or papers, if required, $1.00 per page, taxable as costs if otherwise allowed.
(c) For a seal to exemplification, $1.00.
(d) For searching the records and files, on request, by the office of the register of deeds, 50 cents for each year for
which grantor/grantee searches are made, with a minimum fee of $5.00, except that the fee for tract index searches shall
be based upon the cost of establishing and maintaining a tract index.
(e) For filing every other paper, and making an entry of it, if necessary, $1.00, unless otherwise specifically provided
for.
(f) For searching for every other paper, on request, by the office of the register of deeds, $1.00 for each paper
examined.
(2) In addition to any other fees prescribed in subsection (1) or (3), a register of deeds shall collect a fee of $2.00 for
entering and recording a deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other
instrument. The fee shall be paid when the deed, mortgage, certified copy of an attachment, notice of the pendency of
a suit, or other instrument is left for record.
(326)
(3) A charter county may impose a fee schedule by ordinance or resolution with different amounts than the amounts
prescribed by subsection (1). A charter county shall not impose a fee that is greater than the cost of the service for
which the fee is charged.
(4) As used in this section, "page" means 1 side of a. single sheet of paper at least 8-112 inches by 11 inches in length
and not exceeding 8-112 inches by 14 inches in length and not less than 20-pound weight.
Sec. 2568. (1) Each county in this state shall establish an automation fund, and that fund shall receive money
deposited by the register of deeds of the county in accordance with section 2567. The county treasurer shall direct
investment of the fund and shall credit to the fund interest and earnings from fund investments.
(2) The county register of deeds of each county shall expend the fees credited to the fund under section 2567 subject
to an appropriation under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a, for upgrading
technology in the register of deeds office, with priority given to upgrading search capabilities. Upgrading includes the
design and purchase of equipment and supplies, and implementation of systems and procedures that allow the register
of deeds to receive, enter, record, certify, index, store, search, retrieve, copy, and otherwise process by automated
procedures and advanced technology documents, instruments, abstracts, maps, plats, and other items recorded and
maintained by the register of deeds.
(3) Not later than 90 days after the effective date of the amendatory act that added this subsection, each register of
deeds shall begin to implement procedures to process and make available all items recorded, compiled, or maintained
by that register of deeds, using the automated procedures and advanced technology described in subsection (2) to the
maximum extent feasible utilizing the fund created under subsection (1).
(4) Four years after the effective date of the amendatory act that added this section, the register of deeds of each
county shall prepare a report to the legislature that addresses, but is not limited to, each of the following issues:
(a) The progress that has been made by the register of deeds since the effective date of the amendatory act that
added this section in achieving a goal of timely processing of recordable instruments.
(b) The extent to which the register of deeds has made records in the register's possession computer accessible by
way of internet websites or other on-line media.
(5) The reports required under subsection (4) may be compiled into a single report by an agent of the county
registers of deeds before it is submitted to the legislature.
atm-P AG-LA vt
Clerk of the House of Representatives.
Approved
Governor.
2
Resolution #03086 April 17, 2003
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #03086) May 8, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: CLERK/REGISTER OF DEEDS - CREATION OF AN AUTOMATION FUND
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Oakland County Board of Commissioners supports the
implementation of Senate Bill #0063 authorizing the
establishment of Special Revenue Fund 225 - Automation
Enhancements effective March 31, 2003.
2. Revenues are anticipated to increase from recording fees as
described in Pubic Act 698 of 2002, which increased the fee
for the first page from $5.00 to $8.00 and the second page
from $2.00 to $3.00.
3. These funds are required to be expended by the Register of
Deeds for upgrading technology within the Register's Office
with priority given to book indexing, upgrading search
capabilities benefiting both the Land Management and GIS
Programs.
4. The budget is established for the FY 2003 and FY 2004
Automation Fund for Clerk Register of Deeds/Automation Fund
Enhancements as follows:
Automation Fund (225) FY 2003 FY 2004
Revenues
1-21-225001-14000-0841 Recording Fees $500,000 $ 975,000
1-21-225011-16000-0841 Recording Fees $450,000 $ 650,000
Total Revenues Fund 225 $950,000 $1,625,000
Clerk Register of Deeds
Expenditures
2-21-225002-14000-3348 Prof. Services $325,000 $ 593,463
2-21-225002-14000-8005 Chgs Fund Equity 175,000 381,537
Total Clerk/Register Expenditures $500,000 $ 975,000
Information Technology - GIS Program
Expenditures
2-18-225012-95900-3348 Prof. Services 285,000 520,000
2-18-225012-95900-3596 SW Rent/Lea/Purch 45,000 25,000
2-18-225012-95900-9169 Misc Cap. Outlay 75,000 105,000
2-18-225012-95900-8005 Chgs fund Equity 45,000 0
Total IT Expenditures 450,000 650,000
Total Fund 225 Expenditures $950,000 $1,625,000
Net of Revenues & Expenditures 0$ 0
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Gregory and
Patterson absent.
May 8, 2003 Resolution #03086
Moved by Patterson supported by Bullard the resolution be adopted.
Moved by Patterson supported by Suarez the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Suarez the resolution be amended to coincide with the
recommendation in the Finance Committee Report.
A sufficient majority having voted therefore, the motion carried.
Vote on resolution, as amended:
AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin,
Middleton, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard,
Coleman, Coulter, Crawford. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 8, 2003,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 8th day of May, 2003.
G. William Caddell, County Clerk