HB-5812, As Passed House, November 12, 2014
September 16, 2014, Introduced by Rep. Yonker and referred to the Committee on Local Government.
A bill to amend 2010 PA 123, entitled
"Uniform real property electronic recording act,"
by amending section 5 (MCL 565.845).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5. (1) Effective January 1, 2011, an The electronic
recording commission is created within the department of
technology, management, and budget. The commission consists of 8
members, as follows:
(a) The director of the department of technology, management,
and
budget or his or her designee, who shall be is a
nonvoting
member.
(b) Seven members appointed by the governor, as follows:
(i) Four shall be individuals who are county registers of
deeds.
(ii) One shall be an individual who is engaged
in the land
title profession.
(iii) One shall be an individual who is engaged
in the business
of banking.
(iv) One shall be an individual who is an
attorney licensed to
practice law in this state and whose practice emphasizes real
property matters.
(2) The appointed members of the commission shall serve for
terms of 2 years or until a successor is appointed, whichever is
later, except that of the members first appointed 3 shall serve for
1 year, 2 shall serve for 2 years, and 2 shall serve for 3 years.
(3) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(4) The governor may remove an appointed member of the
commission for incompetency, dereliction of duty, malfeasance,
misfeasance, or nonfeasance in office, or any other good cause.
(5) The first meeting of the commission shall be called by the
director of the department of technology, management, and budget.
At the first meeting, the commission shall elect from among its
members a chairperson and other officers as it considers necessary
or appropriate. After the first meeting, the commission shall meet
at
least quarterly, annually,
or more frequently at the call of the
chairperson or if requested by 5 or more members.
(6) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(7) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(8) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(9) Members of the commission shall serve without
compensation. However, members of the commission may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the commission.
(10) The commission shall adopt standards to implement this
act. To keep the standards and practices of county registers of
deeds in this state in harmony with the standards and practices of
offices of county registers of deeds in other jurisdictions that
enact substantially this act, and to keep the technology used by
county registers of deeds in this state compatible with technology
used by offices of county registers of deeds in other jurisdictions
that enact substantially this act, the commission, so far as is
consistent with the purposes, policies, and provisions of this act,
in adopting, amending, and repealing standards, shall consider all
of the following:
(a) Standards and practices of other jurisdictions.
(b) The most recent standards promulgated by national
standard-setting bodies, such as the property records industry
association.
(c) The views of interested persons and governmental officials
and entities.
(d) The needs of counties of varying size, population, and
resources.
(e) Standards requiring adequate information security
protection to ensure that electronic documents are accurate,
authentic, adequately preserved, and resistant to tampering.