Act No. 271
Public Acts of 2022
Approved by the Governor
December 22, 2022
Filed with the Secretary of State
December 22, 2022
EFFECTIVE DATE: December 22, 2022
state of michigan
Regular session of 2022
Introduced by Senator Schmidt
ENROLLED SENATE BILL No. 1133
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” 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, 2043, the fee is $4.00. Beginning January 1, 2043, the fee is $2.00. The fee must 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 must be remitted to the state treasurer quarterly, and must 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.
(5) This section does not apply to any of the following:
(a) An agency of this 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 440.9994.
(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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives