SENATE BILL No. 1432

 

 

June 27, 2008, Introduced by Senator GEORGE and referred to the Committee on Local, Urban and State Affairs.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2567b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2567b. (1) Except as otherwise provided in subsection

 

(4), the county register of deeds shall collect a $1.00 fee under

 

this section for recording any instrument. The fee shall be paid

 

when the instrument is left for record.

 

     (2) The fee required by this section is in addition to any

 

fees required in section 2567 or 2567a or fees or charges otherwise

 

required by law for the recording of instruments.

 

     (3) The fees collected under this section shall be remitted to

 

the state treasurer quarterly, and shall be deposited by the state

 

treasurer in the Michigan historic preservation fund created in


 

subsection (5).

 

     (4) This section does not apply to any of the following:

 

     (a) An agency of the state when filing or recording any

 

instrument with the county register of deeds under the state tax

 

lien registration act, 1968 PA 203, MCL 211.681 to 211.687.

 

     (b) An individual or any public or private legal entity when

 

recording a lien or discharge of a lien with the county register of

 

deeds under section 15 of the Michigan employment security act,

 

1936 (Ex Sess) PA 1, MCL 421.15.

 

     (c) An agency of the federal government when filing or

 

recording any instrument with the county register of deeds under

 

the uniform federal lien registration act, 1983 PA 102, MCL 211.661

 

to 211.668.

 

     (d) An individual or any public or private legal entity when

 

recording any instrument with the county register of deeds under

 

the uniform commercial code, 1962 PA 174, MCL 440.1101 to

 

440.11102.

 

     (e) A foreclosing governmental unit when recording any

 

instrument required under sections 78 to 78o of the general

 

property tax act, 1893 PA 206, MCL 211.78 to 211.78o.

 

     (5) The Michigan historic preservation fund is created within

 

the state treasury. The state treasurer may receive money or other

 

assets from any source for deposit into the fund. The state

 

treasurer shall direct the investment of the fund. The state

 

treasurer shall credit to the fund interest and earnings from fund

 

investments. Money in the fund at the close of the fiscal year

 

shall remain in the fund and shall not lapse to the general fund.


 

The department of history, arts, and libraries shall be the

 

administrator of the fund for auditing purposes. The Michigan

 

historical center shall expend money from the fund, upon

 

appropriation, only for historic preservation programs in this

 

state.

 

     (6) As used in this section, "Michigan historical center"

 

means the state historic preservation office of the Michigan

 

historical center of the department of history, arts, and libraries

 

or its successor agency.