SUBSTITUTE ADOPTED - OCTOBER 25, 2005
Agenda Item No. 10
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION OPPOSING HOUSE BILL 5124
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