SUBSTITUTE                                                                                                  ADOPTED - OCTOBER 25, 2005

Agenda Item No. 10

Introduced by the County Services and Finance Committees of the:








WHEREAS. House Bill 5124 recently introduced into the Michigan Legislature radically alters the intent of MCL 565.551 to the detriment of the Register of Deeds Office and their respective counties; and


WHEREAS, Elected Officials have specific constitutional and statutory authority directing them to carry out the obligations of their offices requiring that public records be properly maintained and protected; and


WHEREAS, House Bill 5124, as introduced, mandates access to all electronic records, regardless of sensitivity of information, and dictates a fee of not more than four (4) cents per image for non-paper reproductions regardless of the actual costs involved; and


WHEREAS, House Bill 5124, as introduced, will drastically reduce county revenues received in copy fees generated through the Register of Deeds Office; and


WHEREAS, House Bill 5124, as introduced, interferes with the statutory duty of elected officials to safeguard the actual records in the Register of Deeds Office by dictating the following requirements:


Mandates that the county shall reproduce the records in the medium requested if it is available regardless of the additional cost to the county; and


Mandates that copies be provided within three (3) business days of the date stamped on the instrument or the date of request, whichever is earlier; and


Mandates the electronic transfer of images on the day they are imaged regardless of documents that may have come in the mail or by hand; and


Mandates how often the county can collect fees; and


Mandates, directs thereby removes discretion of the courts for compliance and costs.


THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners expresses its strong opposition to House Bill 5124, as introduced, and urges resistance against attempts to restrict local control by mandating requirements on Elected Officials and Judges.


BE IT FURTHER RESOLVED, that the Clerk shall send copies of this resolution to Governor Jennifer Granholm, the Senators and Representatives for Ingham County, and the Michigan Association of Counties.


COUNTY SERVICES:  Yeas:  Celentino, Copedge, De Leon, Schor, Severino, Vickers

         Nays:  None                Absent:  None           Approved 10/18/05


FINANCE:  Yeas:  Dedden, Swope, Hertel, Schor, Thomas, Dougan

           Nays:  None                Absent:  None                Approved 10/19/05