March 10, 2010, Introduced by Senators JACOBS and KUIPERS and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2567a (MCL 600.2567a), as amended by 2006 PA
662.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2567a. (1) Except as otherwise provided in subsection
(4), the county register of deeds shall collect a fee for recording
any instrument. Before January 1, 2023, the fee shall be $4.00.
Beginning January 1, 2023, the fee shall be $2.00. 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 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 survey and remonumentation fund created in section
11 of the state survey and remonumentation act, 1990 PA 345, MCL
54.271, except that a county may retain not more than 1-1/2% of
each fee collected under subsection (1) to cover the costs of
administering this section.
(4)
If, pursuant to a contract under section 8(5) of the state
survey
and remonumentation act, 1990 PA 345, MCL 54.268, a county
has
expended funds to expedite the completion of its county plan,
the
county may apply not more than 50% of its annual grant revenue
under
section 12(1)(a) of the state survey and remonumentation act,
1990
PA 345, MCL 54.272, to reimburse itself for these
expenditures,
until these expenditures have been fully reimbursed.
(4) (5)
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.
(6)
As used in this section, "county plan" means a
monumentation
and remonumentation plan under section 8 of the state
survey
and remonumentation act, 1990 PA 345, MCL 54.268.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1219
of the 95th Legislature is enacted into law.