HB-5966, As Passed Senate, December 14, 2006

HOUSE BILL No. 5966

April 25, 2006, Introduced by Reps. Walker, Moolenaar, Mortimer, Huizenga, Caul, Vander Veen, Hansen, Elsenheimer, Booher, Brown, Sheltrown, McDowell, Miller and Shaffer and referred to the Committee on Appropriations.

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2567a (MCL 600.2567a), as amended by 2002 PA

700.

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,  2013  2023, the fee shall be

$4.00. Beginning January 1,  2013  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.

     (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  either of the

following:

     (i) The  the state tax lien registration act, 1968 PA 203, MCL

211.681 to 211.687.

     (ii) Section 67a of the general property tax act, 1893 PA 206,

MCL 211.67a.

     (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 78p of the general

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