reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.261 - Short Title.

54.261 Short title.
Sec. 1.
This act shall be known and may be cited as the "state survey and remonumentation act".
History:
1990, Act 345, Eff. Jan. 1, 1991
Compiler's Notes:
For transfer of powers and duties of the state survey and remonumentation commission, with the exception of powers and duties of the executive director, from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.For transfer of the powers and duties of the executive director of the survey and remonumentation commission to the director of the department of consumer and industry services, and the abolishment of the position, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.262 - Definitions.

54.262 Definitions.
Sec. 2.
As used in this act:
(a) "Commission" means the state survey and remonumentation commission created in section 3.
(b) "County plan" means a county monumentation and remonumentation plan and perpetual monument maintenance plan established under section 8.
(c) "County representative" means the individual obligated to perform the duties of county representative under section 9.
(d) "Department" means the department of licensing and regulatory affairs.
(e) "Fund" means the state survey and remonumentation fund created in section 11.
(f) "Monumentation" means all land surveying activities performed by a surveyor to monument a protracted public land survey corner under this act and in accordance with the laws of this state.
(g) "Original public land survey corner" means a corner established and monumented pursuant to orders and instructions issued by the United States government for the purposes of delineating United States public lands and private lands or subdividing public lands for conveyance.
(h) "Property controlling corner" means either of the following:
(i) A position misidentified as and used as an original public land survey corner or as a protracted public land survey corner that serves to control property lines.
(ii) Any other corner approved by the department, acting in consultation with the commission.
(i) "Protracted public land survey corner" means either of the following:
(i) A closing quarter section position along a township or range line or a center quarter section position that was not actually monumented on the ground in the field notes of the original United States government survey, but that serves to complete the nominal half-mile grid of government corners.
(ii) A monumented position that is not an original public land survey corner, lying on a section line or quarter line near a body of water, that serves to define the section line or quarter line in lieu of a submerged government position or an omitted meander position.
(j) "Remonumentation" means all land surveying activities performed by a surveyor to perpetuate a previously monumented original public land survey corner, protracted public land survey corner, or property controlling corner as provided in this act.
(k) "Surveyor" means a professional surveyor who is licensed to practice professional surveying under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998 ;-- Am. 2010, Act 260, Eff. Dec. 22, 2010 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.263 - State Survey and Remonumentation Commission; Creation; Membership; Terms; Vacancy; Compensation; Expenses.

54.263 State survey and remonumentation commission; creation; membership; terms; vacancy; compensation; expenses.
Sec. 3.
(1) The state survey and remonumentation commission is created in the department.
(2) The commission shall consist of 7 members. By January 1, 2015, the governor shall appoint the members, with the advice and consent of the senate, as follows:
(a) Two members shall be appointed to represent the general public.
(b) One member must be a grant administrator appointed under section 9a.
(c) The remaining 4 members must be surveyors, 1 of whom must also be serving as a county representative. The 4 members appointed under this subdivision must be residents of the following areas of this state:
(i) One must be a resident of the Upper Peninsula, 1 must be a resident of the area of the Lower Peninsula that is north of the survey township line lying between survey township 16 north and survey township 17 north, and 1 must be a resident of the area of the Lower Peninsula that is south of the survey township line lying between survey township 16 north and survey township 17 north.
(ii) One must be a member at large, and may be a resident of any area of this state.
(3) Of the 7 members first appointed to the commission after the effective date of the amendatory act that added section 9a, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years each, 2 for terms of 3 years each, and 2 for terms of 4 years each. At the expiration of the term of a member, the governor shall appoint a successor, who shall hold office for a term of 4 years and until his or her successor has been appointed and qualified. If there is a vacancy in the office of a member of the commission, the governor shall appoint a successor, with the advice and consent of the senate, for the unexpired term.
(4) Members of the commission shall serve without compensation, but shall be reimbursed from the fund for actual and necessary expenses in accordance with standards established annually by the legislature for similar boards or commissions.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.264 - Commission; Chairperson; Meetings.

54.264 Commission; chairperson; meetings.
Sec. 4.
At the commission's first meeting, 1 member of the commission shall be selected by a majority of the commission members to be chairperson. The commission shall meet at least 2 times each year, at a time and place agreed upon by the commission. The chairperson may call special meetings at a time and place determined by the chairperson.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.265 - Conduct of Business at Public Meetings; Public Notice; Writings.

54.265 Conduct of business at public meetings; public notice; writings.
Sec. 5.
(1) The business that the commission performs shall be conducted at a public meeting of the commission held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
(2) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1990, Act 345, Eff. Jan. 1, 1991
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.266 - Duties of Department; Expediting County's Plan; Payment or Reimbursement of Costs; Interaction With Commission.

54.266 Duties of department; expediting county's plan; payment or reimbursement of costs; interaction with commission.
Sec. 6.
(1) The department shall do all of the following:
(a) Coordinate the restoration, maintenance, and preservation of the land survey records and monuments of the public land survey system in this state, including, but not limited to, all pertinent field notes, plats, documents, and monuments.
(b) Establish a policy to maintain and provide safe storage of records required to be filed with the department under this act.
(c) Coordinate memoranda of understanding with other state, federal, and local agencies to promote the activities necessary, incidental, or appropriate to promote this act.
(d) Foster, encourage, and promote county plans for each county in this state and, after submission of county plans, review the plans for approval.
(e) Coordinate and administer a grant program for grants to counties to implement this act.
(f) By October 1 in each odd-numbered year, submit a report to the legislature and each county board of commissioners. The report must include, but not be limited to, all of the following:
(i) A summary of the department's activities regarding administration of this act.
(ii) An assessment of the progress of the implementation of county monumentation and remonumentation plans throughout this state.
(iii) A statement regarding the amount of money that was received and disbursed from the fund.
(iv) An assessment of how much money is necessary to carry out the county plans in this state.
(v) An assessment of whether the money received in the fund is adequate to implement this act.
(vi) Recommendations including, but not limited to, the level of funding that is necessary to implement this act.
(vii) A statement of the amount of money disbursed from the fund to each grantee, the average amount of money spent per corner by each grantee, and the percentage of work in its county plan completed by each grantee.
(2) If a county elects to expedite the county's plan as provided in section 8, the department shall enter into a contract described in section 8(4) to pay or reimburse the costs of expediting the plan. The amount expended or borrowed for expediting the county's plan shall be paid from the fund as provided in section 12(2).
(3) In performing its duties under this act, if the department is required to interact in any way with the commission and if the initial members of the commission have not been appointed and their appointment consented to by the senate under section 3 as amended by the amendatory act that added this subsection, the department may proceed with its duties under this act without the required interaction until the initial members are appointed and their appointment consented to.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.267 - Employee as Surveyor.

54.267 Employee as surveyor.
Sec. 7.
The employee in direct charge of the state survey and remonumentation section in the department that performs services for the director of the department under this act must be a surveyor.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.269 - County Surveyor as County Representative for Surveying Projects.

54.269 County surveyor as county representative for surveying projects.
Sec. 9.
The county surveyor in each county in this state shall perform the duties of county representative for all surveying projects approved or initiated under this act. If a county does not have a county surveyor, the county board of commissioners shall appoint a licensed professional surveyor to perform the duties described in this section.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.269a - Grant Administrator; Appointment; Responsibilities.

54.269a Grant administrator; appointment; responsibilities.
Sec. 9a.
A county board of commissioners shall appoint a grant administrator to be responsible for and oversee the county's obligations and money associated with this act.
History:
Add. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.269b - County Peer Review Group as Panel of Surveyors; Appointment; Responsibilities.

54.269b County peer review group as panel of surveyors; appointment; responsibilities.
Sec. 9b.
A county board of commissioners shall appoint a county peer review group to act as a panel of surveyors to review and provide advice on original public land survey corners or protracted public land survey corners presented by surveyors before the county accepts the original public land survey corners or protracted public land survey corners for filing under its county plan.
History:
Add. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.270 - Conducting Monumentation or Remonumentation Under Negotiated Contract; Cost.

54.270 Conducting monumentation or remonumentation under negotiated contract; cost.
Sec. 10.
(1) Any monumentation or remonumentation conducted under section 8(3) shall be conducted under a negotiated contract. The department shall prepare specifications for each contract negotiated by the department and monitor the field work and notes of work done under each contract to ensure compliance with those specifications.
(2) The department shall pay the cost of any contracts under this section from the fund.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.271 - State Survey and Remonumentation Fund; Creation as Separate Fund; Administration; Deposit of Money, Interest, and Earnings; Gifts or Donations From Individuals or Corporations; Establishment of Restricted Subaccounts.

54.271 State survey and remonumentation fund; creation as separate fund; administration; deposit of money, interest, and earnings; gifts or donations from individuals or corporations; establishment of restricted subaccounts.
Sec. 11.
(1) The state survey and remonumentation fund is created in the state treasury as a separate fund. The fund shall be administered by the department.
(2) Money deposited in the fund, and all interest and earnings generated by the fund, shall not lapse at the end of a fiscal year, but shall remain in the fund to be expended as provided in this act.
(3) The fund may accept money received as gifts or donations, or money received from individuals or corporations to be used for purposes of this act.
(4) The department may direct the department of treasury to establish restricted subaccounts within the fund as necessary to administer the fund.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2006, Act 76, Imd. Eff. Mar. 24, 2006 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.272 - State Survey and Remonumentation Fund; Use of Money; Provisions Applicable to Deposited Funds; Limitation.

54.272 State survey and remonumentation fund; use of money; provisions applicable to deposited funds; limitation.
Sec. 12.
(1) Money in the fund shall be used by the department for the following purposes:
(a) Annual grants to the various counties to implement their monumentation and remonumentation plans described in section 8(2)(a).
(b) The implementation of county plans that are initiated and contracted for by the department under section 8(3).
(c) Annual grants to counties to implement their perpetual monument maintenance plans described in section 8(2)(d).
(d) The payment of contracts that are entered into by the department under section 10.
(e) Other activities necessary, incidental, or appropriate to implement this act.
(2) In addition to the purposes described in subsection (1), money in the fund shall be used to pay the costs of expediting a plan or to reimburse the cost described in section 8(4) for a county that has elected to expend or borrow money to expedite the implementation of the county's plan.
(3) Expenditures by the department for a county for the following purposes shall be in an amount not less than the following percentages of the money collected in that county and remitted to the state treasurer for deposit in the fund under section 2567a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567a, during the state fiscal year that began 2 years before the beginning of the state fiscal year in which the expenditure is made:
(a) For an annual grant to the county under subsection (1)(a), 40%.
(b) To implement the county plan if the department initiates and contracts for the implementation of the county plan under section 8(3), 40%.
(c) For an annual grant to the county under subsection (1)(c), 20%.
(d) For purposes described in section 8(2)(d), if the department initiates and contracts for the implementation of the county plan for the county under section 8(3), 20%.
(4) In addition to the purposes described in subsections (1) and (2), to pay this state's equitable share of the costs of the monumentation of the Michigan-Indiana state boundary line pursuant to the Michigan-Indiana state line monumentation act, the legislature may appropriate from the fund a total amount of not more than $500,000.00 that was appropriated or transferred to the fund after November 1, 2021.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998 ;-- Am. 2002, Act 489, Imd. Eff. June 28, 2002 ;-- Am. 2010, Act 260, Eff. Dec. 22, 2010 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014 ;-- Am. 2022, Act 82, Imd. Eff. May 19, 2022
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.273 - Application for Annual Grant; Form.

54.273 Application for annual grant; form.
Sec. 13.
An application for an annual grant authorized under this act must be made on a form prescribed and furnished by the department. The department may require the applicant to provide any information reasonably necessary to allow the department to make a determination required by this act.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.274 - Grant; Conditions.

54.274 Grant; conditions.
Sec. 14.
(1) The department shall not make a grant under section 12(1)(a) unless all of the following conditions are met:
(a) The applicant files an application for the grant on or before December 31 of the calendar year immediately preceding the year in which the grant is made.
(b) The applicant demonstrates to the department the capability to carry out the county plan.
(c) The applicant demonstrates to the department that it has not completed its monumentation and remonumentation plan described in section 8(2)(a).
(2) The department shall make a grant under section 12(1)(c) if the applicant demonstrates to the department that it has completed its monumentation and remonumentation plan described in section 8(2)(a) or if the applicant voluntarily chooses to proceed to the program described in section 8(2)(d).
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.275 - Grant Recipient to Obtain Authorization for Significant Change to Plan; Revocation or Withholding of Grant.

54.275 Grant recipient to obtain authorization for significant change to plan; revocation or withholding of grant.
Sec. 15.
(1) A recipient of a grant made under section 12(1)(a), (b), or (d) shall obtain authorization from the department before implementing a change that significantly alters the approved grant.
(2) The department may revoke a grant made by it under this act or withhold payment if the recipient of the grant fails to comply with the terms and conditions of the grant, or with requirements of this act or the rules promulgated under this act.
(3) The department may withhold a grant until the department determines that the recipient is able to proceed with the implementation of the applicant's county plan.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.276 - Records.

54.276 Records.
Sec. 16.
(1) The department, upon request, shall provide copies or certified copies of records in its possession to the public, other state agencies or officers, or local governmental agencies. The department may charge a reasonable fee for providing the records.
(2) A certified copy of a record provided by the department is admissible in court as evidence, without further identification, if the substance of the record is properly admissible in the proceeding.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.277 - Rules.

54.277 Rules.
Sec. 17.
(1) The department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act.
(2) In promulgating rules under this section, or in adopting a guideline related to the administration of this act, the department shall consult with and consider recommendations provided to it by the commission.
(3) After the enactment of the amendatory act that added this subsection, the department shall promulgate rules to implement this act as amended by that amendatory act. Before the promulgation of rules under this subsection, the department may continue to administer this act under previously promulgated rules to the extent that the rules do not conflict with this act as amended by that amendatory act.
History:
1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.277a - Contested Case Proceeding.

54.277a Contested case proceeding.
Sec. 17a.
If a county is aggrieved by a decision of the department that affects the county made under this act or the rules promulgated under this act, the county may contest the decision of the department as a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 2014, Act 166, Imd. Eff. June 12, 2014
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.278 - Effective Date.

54.278 Effective date.
Sec. 18.
This act shall take effect January 1, 1991.
History:
1990, Act 345, Eff. Jan. 1, 1991
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 345 of 1990 - State Survey and Remonumentation Act (54.261 - 54.279) › Section 54.279 - Conditional Effective Date.

54.279 Conditional effective date.
Sec. 19.
This act shall not take effect unless Senate Bill No. 381 of the 85th Legislature is enacted into law.
History:
1990, Act 345, Eff. Jan. 1, 1991
Compiler's Notes:
Senate Bill No. 381, referred to in this section, was filed with the Secretary of State December 21, 1990, and became P.A. 1990, No. 346, Eff. Jan. 1, 1991.
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Repealed - Act 259 of 2010 - Michigan and Indiana State Line Monumentation Act (54.291 - 54.305)

MICHIGAN AND INDIANA STATE LINE MONUMENTATION ACT
Act 259 of 2010
54.291-54.305 Repealed. 2014, Act 363, Eff. Jan. 1, 2018.
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 81 of 2022 - Michigan-Indiana State Line Remonumentation Act (54.311 - 54.323) › Section 54.311 - Short Title.

***** 54.311 THIS SECTION IS REPEALED BY ACT 81 OF 2022 EFFECTIVE JANUARY 1, 2026. See MCL 54.323 *****
54.311 Short title.
Sec. 1.
This act may be cited as the "Michigan-Indiana state line remonumentation act".
History:
2022, Act 81, Eff. July 18, 2022
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 81 of 2022 - Michigan-Indiana State Line Remonumentation Act (54.311 - 54.323) › Section 54.313 - Definitions.

***** 54.313 THIS SECTION IS REPEALED BY ACT 81 OF 2022 EFFECTIVE JANUARY 1, 2026. See MCL 54.323 *****
54.313 Definitions.
Sec. 3.
As used in this act:
(a) "Commission" means the Michigan-Indiana state line commission established in section 5(1).
(b) "County peer review group" means a county peer review group appointed under section 9b of the state survey and remonumentation act, 1990 PA 345, MCL 54.269b.
(c) "Department" means the department of licensing and regulatory affairs.
(d) "Monument" means a relatively permanent physical marker that occupies the position of a corner and that possesses or is made to possess a magnetic field.
History:
2022, Act 81, Eff. July 18, 2022
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 81 of 2022 - Michigan-Indiana State Line Remonumentation Act (54.311 - 54.323) › Section 54.315 - Michigan-Indiana State Line Commission; Establishment; Membership; Appointment; Meetings; Quorum; Public Meeting; Compensation.

***** 54.315 THIS SECTION IS REPEALED BY ACT 81 OF 2022 EFFECTIVE JANUARY 1, 2026. See MCL 54.323 *****
54.315 Michigan-Indiana state line commission; establishment; membership; appointment; meetings; quorum; public meeting; compensation.
Sec. 5.
(1) The Michigan-Indiana state line commission is established in the department of licensing and regulatory affairs.
(2) The commission shall consist of 5 surveyors licensed in this state, 1 of whom is a resident of each of the following counties:
(a) Berrien County.
(b) Cass County.
(c) St. Joseph County.
(d) Branch County.
(e) Hillsdale County.
(3) The governor shall appoint members of the commission, by and with the advice and consent of the senate. The governor shall consider for appointment individuals previously appointed to the Indiana-Michigan boundary line commission pursuant to former 2010 PA 259.
(4) The term of a member of the commission is 2 years or until a successor is appointed, whichever is later.
(5) If a vacancy occurs on the commission, the governor, subject to subsection (3), shall appoint an individual to fill the vacancy for the balance of the term.
(6) The governor may remove a member of the commission for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(7) The first meeting of the commission shall be called by a majority of the members of the commission. The first meeting shall be held not later than September 15, 2022. 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, or more frequently at the call of the chairperson or if requested by 3 or more members.
(8) A majority of the members of the commission constitute a quorum for transacting business. A vote in favor by a majority of the members serving is required for any action of the commission.
(9) The commission shall conduct its business in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing that is prepared, owned, used, possessed, or retained by the commission in performing an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) A member of the commission is not entitled to compensation for service on the commission but may be reimbursed for actual and necessary expenses incurred in serving.
History:
2022, Act 81, Eff. July 18, 2022
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 81 of 2022 - Michigan-Indiana State Line Remonumentation Act (54.311 - 54.323) › Section 54.317 - Duties of Commission; Replacement of Lost Corner Positions; Collaboration.

***** 54.317 THIS SECTION IS REPEALED BY ACT 81 OF 2022 EFFECTIVE JANUARY 1, 2026. See MCL 54.323 *****
54.317 Duties of commission; replacement of lost corner positions; collaboration.
Sec. 7.
(1) Subject to subsection (2), the commission shall do all of the following:
(a) Administer a survey and remonumentation of the Michigan-Indiana state line.
(b) Recover or reestablish monuments at the mileposts and intermediate monument control points of the Michigan-Indiana state line as established in the 1827 federal survey that defined that line. The commission also shall recover or reestablish monuments at the posts originally set at or near the shores of lakes and large rivers of the Michigan-Indiana state line as established in the 1827 federal survey, or witness corners for set posts. The commission shall review the survey upon completion of each milepost.
(c) Compile appropriate records and documents verifying the location of the mileposts and submit those records and documents to the respective county peer review groups.
(d) Resolve any differences revealed by the survey between record documents and recovered evidence regarding the location of mileposts defining the Michigan-Indiana state line.
(e) Provide regular updates to the department's office of land survey and remonumentation.
(2) The director of the department's office of land survey and remonumentation shall keep the state survey and remonumentation commission created under section 3 of the state survey and remonumentation act, 1990 PA 345, MCL 54.263, apprised of the Michigan-Indiana state line commission's progress in discharging its duties under subsection (1).
(3) The commission shall not replace lost corner positions if the state of Indiana does not participate in the survey and remonumentation project as authorized by Indiana law.
(4) To accomplish the purposes of this act, the commission or its representative may meet and collaborate with a similar commission established by the state of Indiana or that commission's representative.
History:
2022, Act 81, Eff. July 18, 2022
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 81 of 2022 - Michigan-Indiana State Line Remonumentation Act (54.311 - 54.323) › Section 54.319 - Submission of Survey and Report to Legislature.

***** 54.319 THIS SECTION IS REPEALED BY ACT 81 OF 2022 EFFECTIVE JANUARY 1, 2026. See MCL 54.323 *****
54.319 Submission of survey and report to legislature.
Sec. 9.
(1) Upon completion of the survey and remonumentation, the commission shall do both of the following:
(a) Submit the survey to the legislature of this state. The survey shall be accompanied by a report of the commission that states whether there are differences between the survey and the survey of a similar commission established by the state of Indiana and explains any differences.
(b) For each post originally set at or near the shore of a lake or large river or milepost determined under this act, the commission shall do both of the following:
(i) File with the appropriate county register of deeds a land corner recordation certificate under the state corner recordation act, 1970 PA 74, MCL 54.201 to 54.210d, that provides appropriate references and Michigan state plane coordinates.
(ii) File a copy of the certificate under subdivision (a) with the state survey and remonumentation commission created under section 3 of the state survey and remonumentation act, 1990 PA 345, MCL 54.263.
History:
2022, Act 81, Eff. July 18, 2022
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 81 of 2022 - Michigan-Indiana State Line Remonumentation Act (54.311 - 54.323) › Section 54.321 - Professional Surveying Services; Procurement.

***** 54.321 THIS SECTION IS REPEALED BY ACT 81 OF 2022 EFFECTIVE JANUARY 1, 2026. See MCL 54.323 *****
54.321 Professional surveying services; procurement.
Sec. 11.
The commission shall procure professional surveying services through negotiated contracts. The commission shall award contracts only to persons incorporated in this state or with a principal place of business in this state.
History:
2022, Act 81, Eff. July 18, 2022
2023 Michigan Compiled Laws › Chapter 54 - Surveyors › Act 81 of 2022 - Michigan-Indiana State Line Remonumentation Act (54.311 - 54.323) › Section 54.323 - Repeal of Act.

***** 54.323 THIS SECTION IS REPEALED BY ACT 81 OF 2022 EFFECTIVE JANUARY 1, 2026. See MCL 54.323 *****
54.323 Repeal of act.
Sec. 13.
This act is repealed effective January 1, 2026.
History:
2022, Act 81, Eff. July 18, 2022
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Repealed - E.R.O. No. 1970-1 - Executive Reorganization Order (55.101 - 55.101)

EXECUTIVE REORGANIZATION ORDER
E.R.O. No. 1970-1
55.101 Revoked. 1980, E.R.O. No. 1980-2, Eff. Aug. 15, 1980.
Compiler's Notes:
The revoked section pertained to notaries public.
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Repealed - E.R.O. No. 1976-2 - Executive Reorganization Order (55.102 - 55.102)

EXECUTIVE REORGANIZATION ORDER
E.R.O. No. 1976-2
55.102 Revoked. 1980, E.R.O. No. 1980-2, Eff. Aug. 15, 1980.
Compiler's Notes:
The revoked section pertained to notaries public.
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Repealed - E.R.O. No. 1980-2 - Executive Reorganization Order (55.103 - 55.103)

EXECUTIVE REORGANIZATION ORDER
E.R.O. No. 1980-2
55.103 Repealed. 2003, Act Act 238, Eff. Apr. 1, 2004.
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › R.S. of 1846 - Revised Statutes of 1846 (55.107 - 55.117) › R-S-1846-55-107-14 - Chapter 14 Chapter 14. of County Officers. (55.107...55.117) › R-S-1846-55-107-14-NOTARIES-PUBLIC. - Notaries Public. (55.107...55.117) › Section 55.107-55.117 - Repealed. 2003, Act 238, Eff. Apr. 1, 2004.

55.107-55.117 Repealed. 2003, Act 238, Eff. Apr. 1, 2004.
Compiler's Notes:
The repealed sections pertained to appointment, qualifications, and responsibilities of notaries public.
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Repealed - Act 18 of 1909 - Notary Connected With Bank or Corporation (55.251 - 55.251)

NOTARY CONNECTED WITH BANK OR CORPORATION
Act 18 of 1909
55.251 Repealed. 2003, Act 238, Eff. Apr. 1, 2004.
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.261 - Short Title.

55.261 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan law on notarial acts".
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2018, Act 361, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.263 - Definitions; a to I.

55.263 Definitions; A to I.
Sec. 3.
As used in this act:
(a) "Acknowledgment" means a declaration by an individual in the presence of a notary public that he or she has signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she signed the record with the proper authority and signed it as the act of the person identified in the record.
(b) "Cancellation" means the nullification of a notary public commission due to an error or defect or because the notary public is no longer entitled to the commission.
(c) "Credential analysis" means a process or service by which a third party affirms the validity of an identity document described in section 25(6)(c) through a review of public and proprietary data sources conducted remotely.
(d) "Department" means the department of state.
(e) "Electronic" means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(f) "Electronic notarization system" means a set or system of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations.
(g) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(h) "Identity proofing" means a process or service by which a third party provides a notary public with a reasonable means to verify the identity of an individual through a review of personal information from public or proprietary data sources conducted remotely.
(i) "Information" includes data, text, images, sounds, codes, computer programs, software, and databases.
(j) "In a representative capacity" means any of the following:
(i) For and on behalf of a corporation, limited liability company, partnership, trust, association, or other legal entity as an authorized officer, manager, agent, partner, trustee, or other representative of the entity.
(ii) As a public officer, personal representative, guardian, or other representative in the capacity recited in the record.
(iii) As an attorney in fact for a principal.
(iv) In any other capacity as an authorized representative of another person.
(k) "In the presence of" means either of the following:
(i) In the same physical location with and close enough to see, hear, communicate with, and exchange tangible identification credentials with another individual.
(ii) Interacting with another individual by means of audio and visual communication technology that is part of a remote electronic notarization platform approved under section 26b or 2-way real-time audiovisual technology that meets the requirements under section 26c.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2018, Act 360, Eff. Mar. 12, 2019 ;-- Am. 2020, Act 249, Imd. Eff. Nov. 5, 2020
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.265 - Definitions; J to R.

55.265 Definitions; J to R.
Sec. 5.
As used in this act:
(a) "Jurat" means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed record.
(b) "Lineal ancestor" means an individual who is in the direct line of ascent including, but not limited to, a parent or grandparent.
(c) "Lineal descendant" means an individual who is in the direct line of descent including, but not limited to, a child or grandchild.
(d) "Notarial act" means any of the following:
(i) An act, whether performed with respect to a tangible or electronic record, that a notary public commissioned in this state is authorized to perform including, but not limited to, taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, or witnessing or attesting a signature performed in compliance with this act.
(ii) An act described in subparagraph (i) that is performed in another jurisdiction and meets the requirements of section 25a.
(e) "Notify" means to communicate or send a message by a recognized mail, delivery service, or electronic means.
(f) "Official misconduct" means 1 or more of the following:
(i) The exercise of power or the performance of a duty that is unauthorized, unlawful, abusive, negligent, reckless, or injurious.
(ii) The charging of a fee that exceeds the maximum amount authorized by law.
(g) "Person" means an individual or a corporation, business trust, statutory trust, estate, partnership, trust, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(h) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(i) "Remote electronic notarization platform" means any combination of technology that enables a notary public to perform a notarial act remotely; that allows the notary public to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing.
(j) "Revocation" means the termination of a notary public's commission to perform notarial acts.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006 ;-- Am. 2018, Act 360, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.267 - Definitions; S to V.

55.267 Definitions; S to V.
Sec. 7.
As used in this act:
(a) "Secretary" means the secretary of state or his or her designee.
(b) "Signature" means an individual's written or printed name, electronic signature, or mark, attached to or logically associated with a contract or other record and executed, adopted, or made by the individual with the intent to sign the record.
(c) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(d) "Suspension" means the temporary withdrawal of the notary public's commission to perform notarial acts during the period of the suspension.
(e) "Verification upon oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2018, Act 360, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.269 - Notary Public; Appointment; Extension of Expiration Date for 2020 Through 2021.

55.269 Notary public; appointment; extension of expiration date for 2020 through 2021.
Sec. 9.
(1) The secretary may appoint as a notary public a person who complies with the requirements of this act.
(2) Except as otherwise provided in subsection (4), a notary public may reside in, move to, and perform notarial acts anywhere in this state from the date of appointment until the notary's birthday occurring not less than 6 years and not more than 7 years after the date of his or her appointment unless the appointment is canceled, suspended, or revoked by the secretary or by operation of law.
(3) The secretary shall not appoint as a notary public a person who is serving a term of imprisonment in a state correctional facility or jail in this or any other state or in a federal correctional facility.
(4) A notary public's commission under subsection (2) that expired after March 1, 2020 and before June 30, 2021 is valid through June 30, 2021.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2020, Act 249, Imd. Eff. Nov. 5, 2020 ;-- Am. 2020, Act 336, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.271 - Notary Public; Qualifications.

55.271 Notary public; qualifications.
Sec. 11.
(1) The secretary may appoint as a notary public an individual who applies to the secretary and meets all of the following qualifications:
(a) Is at least 18 years of age.
(b) Is a resident of this state or maintains a principal place of business in this state.
(c) Reads and writes in the English language.
(d) Has not been convicted of a felony, misdemeanor, or violation described in section 41.
(e) For an applicant who does not reside in the state of Michigan, demonstrates that his or her principal place of business is located in the county in which he or she requests appointment and indicates that he or she is engaged in an activity in connection with that business in which he or she is likely to be required to perform notarial acts.
(f) If applicable, has filed with the county clerk of his or her county of residence or expected appointment a surety bond and an oath under section 13, in a format acceptable to the secretary. The requirement of filing a bond does not apply to an applicant that demonstrates, in a manner acceptable to the secretary, licensure as an attorney at law in this state.
(2) The secretary shall, on a monthly basis, notify the county clerk's office of the appointment of any notaries in that county.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006 ;-- Am. 2006, Act 510, Eff. Apr. 1, 2007 ;-- Am. 2018, Act 361, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 55 - Notaries Public › Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315) › Section 55.273 - Filing; Oath; Bond; Fee.

55.273 Filing; oath; bond; fee.
Sec. 13.
(1) Within 90 days before filing an application for a notary public appointment, a person shall file with the county clerk of his or her residence or expected appointment a proper surety bond and an oath taken as prescribed by the constitution.
(2) The bond shall be in the sum of $10,000.00 with good and sufficient surety by a surety licensed to do business in this state. The bond shall be conditioned upon indemnifying or reimbursing a person, financing agency, or governmental agency for monetary loss caused through the official misconduct of the notary public in the performance of a notarial act. The surety is required to indemnify or reimburse only after a judgment based on official misconduct has been entered in a court of competent jurisdiction against the notary public. The aggregate liability of the surety shall not exceed the sum of the bond. The surety on the bond may cancel the bond 60 days after the surety notifies the notary, the secretary, and the county clerk of the cancellation. The surety is not liable for a breach of a condition occurring after the effective date of the cancellation. The county clerk shall not accept the personal assets of an applicant as security for a surety bond under this act.
(3) Each person who files an oath and, if applicable, a bond with a county clerk as required in subsection (1) shall pay a $10.00 filing fee to the county clerk. Upon receipt of the filing fee, the county clerk shall give an oath certificate of filing and a bond, if applicable, to the person as prescribed by the secretary. A charter county with a population of more than 2,000,000 may impose by ordinance a fee for the county clerk's services different than the amount prescribed by this subsection. Two dollars of each fee collected under this subsection shall be deposited into the notary education and training fund established in section 17 on a schedule determined by the secretary.
History:
2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006 ;-- Am. 2006, Act 510, Eff. Apr. 1, 2007