September 6, 2005, Introduced by Reps. Hune, Ward and Gaffney and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1875 PA 54, entitled
"An act to facilitate the inspection and reproduction of the
records and files in the offices of the registers of deeds,"
by amending section 1 (MCL 565.551), as amended by 1994 PA 51, and
by adding sections 2 and 3.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A register of deeds or a custodian designated by
the register of deeds shall at no cost furnish access that allows
the
proper and reasonable facilities
for the inspection and
examination
of the records and files in his or her office, and
for
making memorandums or transcripts from the records and
files
during the usual business hours, to an individual having a lawful
purpose
to examine the records. and files. However, the In a
county where the records are maintained in an electronic format,
the register of deeds shall provide access to the records in a
manner that allows for the inspection, transcription, and
reproduction of the records electronically.
(2)
The register of deeds or custodian of
the records and
files
may make reasonable rules and regulations with
reference to
the
inspection and examination of the records and files as is
necessary to protect the records and files and to prevent
interference with the regular discharge of the duties of the
register of deeds.
(3) (2)
If an individual or entity requests a
reproduction
of
a record or file of a be provided by the register
of deeds,
the
register of deeds shall do 1 of the following, at the register
of
deeds' option: provide the
records to the individual or entity
in a timely manner. Except for a reproduction made by the register
of deeds in his or her office on paper, the fee for a reproduction
shall be the actual cost of reproducing the record, not to exceed 4
cents per page or image.
(a)
Reproduce the record or file for the individual pursuant
to
the records media act, Act No. 116 of the Public Acts of 1992,
being
sections 24.401 to 24.403 of the Michigan Compiled Laws,
using
a medium selected by the register of deeds. Unless a
different
fee is provided for by law, the fee for a reproduction
under
this subdivision other than a paper copy shall not exceed the
reasonable
costs to the register of deeds.
(b)
Provide equipment for the individual to reproduce the
record
or file pursuant to Act No. 116 of the Public Acts of 1992,
using
a medium selected by the register of deeds. Unless a
different
fee is provided for by law, the fee for a reproduction
under
this subdivision other than a paper copy shall not exceed the
reasonable
costs to the register of deeds.
(c)
Authorize the individual to reproduce the record or file
on
the premises using equipment provided by that individual. This
subdivision
does not apply unless the individual requests
authorization
to reproduce the record or file using equipment
provided
by that individual.
(4) (3)
A register of deeds may prohibit the reproduction of
an instrument temporarily left with the register of deeds to be
recorded in the register of deeds' office.
(5) The register of deeds shall not place any restrictions on
the reproduction, distribution, use, or transfer of any record
maintained by the register of deeds.
(6) As used in this section, "record" means any 1 of the
following:
(a) The written or printed transcription, photocopy,
photograph, microfilm, or other electronic image of a record
received by the register of deeds under section 1 of 1867 PA 20,
MCL 565.491.
(b) Entries made by the register of deeds under section 24 of
1846 RS 65, MCL 565.24.
(c) An index created and maintained by the register of deeds
under section 28 of 1846 RS 65, MCL 565.28.
Sec. 2. (1) Upon the written request of an individual or
entity, a register of deeds shall reproduce and provide records on
a regular, subscription basis. All requests for subscriptions shall
be for a period of 1 year and are automatically renewed on an
annual basis, unless written notice is given by the subscriber to
cancel the subscription.
(2) Upon request of an individual or entity for a subscription
of records, the register of deeds or records custodian shall
provide the requested records as follows:
(a) For each subscription request, the register of deeds or
records custodian shall reproduce the requested daily records in
the medium requested if the requested medium is one that is
available to the register of deeds or records custodian.
(b) For each record provided on a subscription, the register
of deeds may charge a fee of the actual cost of reproducing the
record, not to exceed 4 cents per page or image. A fee shall not be
charged for a copy or reproduction of a record obtained through an
electronic system maintained by the register of deeds if a fee was
charged to access the electronic system.
(c) Except for requests for electronic subscriptions, the
register of deeds or records custodian shall reproduce and provide
the requested daily records within 3 business days from the date of
the request or the date stamped on the instrument processed by the
register of deeds, whichever is earlier.
(d) In addition to the images of the daily records requested
on a subscription basis, the register of deeds or records custodian
shall provide with each subscription a daily summary of all liber
and page numbers assigned in sequence to the records provided and a
report of all liber and page numbers missing in the sequence of the
numbers assigned to instruments on any given day.
(3) Upon a request for a subscription by electronic transfer
of optical or digital images, the register of deeds or records
custodian shall provide and electronically transmit images or
entries of all daily records requested on the day that the
electronic or digital image of the instrument is made by the
register of deeds, provided that all of the following conditions
are met:
(a) The records are electronically processed and maintained by
the register of deeds or records custodian and are capable of being
transmitted electronically.
(b) The individual or entity making the subscription request
provides its own equipment and personnel necessary the receive the
electronic transmission of the requested records in the medium and
format, including the file transfer protocol, used by the register
of deeds or records custodian.
(c) Monthly payments are made by the person or entity making
the electronic subscription request of the actual cost of
reproducing the record, not to exceed 4 cents per page or image
transmitted or provided by the register of deeds or records
custodian in the previous month.
(4) As used in this section, "subscription" means a request
for copies of complete, daily records processed by the register of
deeds.
Sec. 3. (1) If a register of deeds fails to comply with this
act, the attorney general, the prosecuting attorney of the county
of the register of deeds, or an individual or entity may commence a
civil action to compel compliance with this act.
(2) A civil action for damages may be commenced against the
register of deeds or records custodian in his or her official
capacity by an individual or entity injured as a result of the
failure of the register of deeds or records custodian to comply
with this section. If an individual or entity commences an action
for injunctive relief, that individual or entity shall not be
required to post security as a condition for obtaining a
preliminary injunction or a temporary restraining order.
(3) If it is determined that a register of deeds or records
custodian has failed to comply with this act and an individual or
entity commences a civil action against the register of deeds or
records custodian to compel compliance or to enjoin further
noncompliance with this act and prevails in the action, the
individual or entity shall be entitled to recover all costs and
actual attorney fees.