HB-5812, As Passed House, November 12, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5812

 

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.