SB-0599, As Passed House, June 2, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 599

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2567. (1) Except as provided in subsection (3), a

register of deeds is entitled to the following fees, which are not

taxable as costs except as indicated:

     (a) For entering and recording a deed, mortgage, certified

copy of an attachment, notice of the pendency of a suit, or other

instrument, $8.00 for the first page and $3.00 for each additional

and succeeding page. The fee shall be paid when the deed, mortgage,

certified copy of an attachment, notice of the pendency of a suit,

or other instrument is left for record. The document, regardless of

the number of pages, $30.00, which includes the fee required to be

collected under section 2567a. In addition to remitting a portion

of the fee to satisfy section 2567a, the register of deeds shall

deposit $5.00 of the total fee collected for each recording into

the automation fund if a fund has been established under section

2568.

     (b) For any a document that assigns or discharges more than 1

instrument, $3.00 shall be added to the recording fee in addition

to the fee under subdivision (a), $3.00 for each additional

instrument assigned or discharged.

(c) (b) For copies of any records or papers, if required,

$1.00 per page, taxable as costs if otherwise allowed.

(d) (c) For a seal to exemplification, $1.00.To certify a

recorded document, $5.00.

(e) (d) For searching the records and files, on request, by

the office of the register of deeds, 50 cents for each year for

which grantor/grantee searches are made, with a minimum fee of

$5.00, except that the fee for tract index searches shall must be

based upon on the cost of establishing and maintaining a tract

index.

(f) (e) For filing every other paper, and making an entry of

it, if necessary, $1.00, unless otherwise specifically provided

for.

(g) (f) For searching for every other paper, on request, by

the office of the register of deeds, $1.00 for each paper examined.

     (2) In addition to any other fees prescribed in subsection (1)

or (3), a register of deeds shall collect a fee of $2.00 for

entering and recording a deed, mortgage, certified copy of an

attachment, notice of the pendency of a suit, or other instrument.

The fee shall be paid when the deed, mortgage, certified copy of an

attachment, notice of the pendency of a suit, or other instrument

is left for record.

     (2) A fee under subsection (1)(a) or (b) must be paid when the

document is left for recording, unless 1 of the following applies:

     (a) If the document is a document as that term is defined in

section 2 of the uniform real property electronic recording act,

2010 PA 123, MCL 565.842, the register of deeds accepts electronic

documents for recording, and the fee is paid electronically, the

fee must be paid within 1 business day after receipt of the

electronic document by the register of deeds.

     (b) If the document is a document left for recording by a

governmental entity pursuant to an agreement between the

governmental entity and the register of deeds that includes a

payment schedule for the fee, the fee must be paid pursuant to the

payment schedule.

     (c) If the document is a forfeiture certificate or a

redemption certificate for tax delinquent property under section

78g of the general property tax act, 1893 PA 206, MCL 211.78g, the

fee must be paid within 30 days after redemption of the tax

delinquent property or by an alternative date under an agreement

between the register of deeds and the foreclosing governmental

unit.

     (d) If the document is a notice of judgment of foreclosure

under section 78k of the general property tax act, 1893 PA 206, MCL

211.78k, or a deed under section 78m of the general property tax

act, 1893 PA 206, MCL 211.78m, for tax foreclosed property, the fee

must be paid within 30 days after the sale or transfer of the

property or by an alternative date under an agreement between the

register of deeds and the foreclosing governmental unit.

     (3) A charter county may impose a fee schedule by ordinance or

resolution with different amounts than the amounts prescribed by

subsection (1). A charter county shall not impose a fee that is

greater than the cost of the service for which the fee is charged.

     (4) Subject to subsection (6), in addition to the recording

fee under subsection (1), when a register of deeds accepts a

discharge of lien under section 15 of the Michigan employment

security act, 1936 (Ex Sess) PA 1, MCL 421.15, to be recorded, the

register of deeds shall collect an amount equal to the fee paid for

recording the discharged lien as stated on the notice of lien

recording fee provided under section 15 of the Michigan employment

security act, 1936 (Ex Sess) PA 1, MCL 421.15. The register of

deeds shall transmit to the unemployment agency the additional

amounts collected under this subsection and any information

requested by the unemployment agency that is contained in the

notice of lien recording fee. A register of deeds shall transmit

the money and information on the following schedule:

     (a) If the register of deeds serves a county with a population

of less than 750,000, on a quarterly basis.

     (b) If the register of deeds serves a county with a population

of 750,000 or more, on a monthly basis.

     (5) Unless the discharge of lien is submitted to be recorded

by the unemployment agency, a register of deeds shall not accept a

discharge of lien under section 15 of the Michigan employment

security act, 1936 (Ex Sess) PA 1, MCL 421.15, for recording that

is not accompanied by a notice of lien recording fee provided under

section 15 of the Michigan employment security act, 1936 (Ex Sess)

PA 1, MCL 421.15.

     (6) A register of deeds shall not charge an additional amount

under subsection (4) if the discharge of lien is submitted for

recording by the unemployment agency.

(7) (4) As used in this section, "page" means 1 side of a

single sheet of paper at least 8-1/2 inches by 11 inches in length

and not exceeding 8-1/2 inches by 14 inches in length and not less

than 20-pound weight.

     Enacting section 1. This amendatory act takes effect October

1, 2016.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) Senate Bill No. 600.

     (b) Senate Bill No. 601.

     (c) Senate Bill No. 602.

     (d) Senate Bill No. 603.

     (e) Senate Bill No. 604.

     (f) Senate Bill No. 737.

     (g) House Bill No. 5164.

     (h) House Bill No. 5165.