SUBSTITUTE ADOPTED - APRIL 15, 2003

Agenda Item No. 18

Introduced by the County Services and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION CREATING A REGISTER OF DEEDS AUTOMATION FUND PURSUANT TO PUBLIC ACT 698 OF 2002

RESOLUTION #03-89

WHEREAS, Public Act 698 of 2002, which takes effect March 31, 2003, expands the Revised Judicature Act to require all counties in Michigan to create a Register of Deeds Automation Fund for upgrading technology in the Register of Deeds Office; and

WHEREAS, the act defines upgrading technology as including the design and purchase of equipment and supplies, and implementation of systems and procedures that allow the Register of Deeds to receive, enter, record, certify, index, store, search, retrieve, copy, and otherwise process by automated procedures and advanced technology documents, instruments, abstracts, maps, and plats and other items recorded and maintained by the Register of Deeds; and

WHEREAS, the act increases the amount of the first page recording fee by $3.00 (from $7.00 to $10.00) and increases the amount to be charged for recording additional pages by $1.00 (from $2.00 to $3.00) and increases the fee for making assignments or discharges by $2.00 (from $1.00 to $3.00); and

WHEREAS, the act directs the Register of Deeds to deposit $5.00 for each recorded instrument through December 31, 2006 into an automation fund, in accordance with the directives contained in Letter 2003-3 from the Local Audit Division of the State of Michigan Department of Treasury; and

WHEREAS, the County Treasurer is charged with the responsibility of investing the deposited funds and crediting the interest and earnings to the Register of Deeds Automation Fund; and

WHEREAS, the Register of Deeds has estimated that approximately $320,000 will be deposited into the Register of Deeds Automation Fund in 2003; and

WHEREAS, $15,331 for the annual maintenance contract including software upgrades on the current Eagle Computer System is an appropriate expense as defined by the act, and will be paid for in 2003 and subsequent years from the Register of Deeds Technology Fund; and

WHEREAS, no other expenditures have yet been identified by the Register of Deeds.

THEREFORE BE IT RESOLVED, that Ingham County establishes fund number 256, Register of Deeds Automation Fund, pursuant to PA 698 of 2002.

BE IT FURTHER RESOLVED, that the Register of Deeds is charged with expending the fees from the fund subject to an appropriation by the Board of Commissioners as defined by Ingham County's budget policies and appropriations resolution, and as defined under the Uniform Budgeting and Accounting Act, PA 2 of 1968 as amended, for upgrading technology in the Register of Deeds Office.

ADOPTED - APRIL 15, 2003

Agenda Item No. 18

RESOLUTION #03-89

BE IT FURTHER RESOLVED, that the Register of Deeds is required to implement procedures to process and make available all instruments recorded, compiled, or maintained by the Register of Deeds, using automated procedures and advanced technology to the maximum extent feasible, utilizing the Register of Deeds Automation Fund.

BE IT FURTHER RESOLVED, that within four years after the effective date of the act, the Register is required to prepare a report to the legislature that addresses the progress made since the effective date of this act and the extent to which records have been made computer accessible by way of internet web sites or other on-line media.

BE IT FURTHER RESOLVED, that a 2003 budget is established of $320,000 in revenue and $15,331 in expenses, with the remaining $304,669 to remain unallocated in the Register of Deeds Automation Fund balance until the Register of Deeds identifies appropriate expenditures of these funds as defined by the act, and these expenditures are approved by the Board of Commissioners.

COUNTY SERVICES: Yeas: Celentino, De Leon, Schor, Severino

Nays: None Absent: Holman, Nevin Approved 4/8/03

FINANCE: Yeas: Grebner, Swope, Dedden, Hertel, Thomas, Minter

Nays: None Absent: None Approved 4/9/03