SB-0600, As Passed House, June 2, 2016

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 600

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1937 PA 146, entitled

 

"An act to establish, protect and enforce by lien the rights of

laborers, contractors, sub-contractors and material men and other

persons furnishing labor, tools, or materials, or other things of

value, for the drilling, boring, torpedoing, acidizing, completing,

operating or repairing of any oil or gas well, or the constructing

or repairing of any oil or gas pipe line, oil or gas derrick, or

oil tank,"

 

by amending section 4 (MCL 570.254).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) Every A person, or his the person's agent or

 

attorney, whether contractor, sub-contractor, material man

 

subcontractor, or materialman, or laborer, who wishes to avail

 

himself of the provisions of claim the benefit of this statute,

 

act, shall make and record in the office of the register of deeds,

 

in the county or counties in which said the leasehold, oil or gas

 

well, pipe line, pipeline, oil or gas derrick, oil tanks,

 


materials, machinery, or other property to be charged with the lien

 

is situated, located, a just and true statement or account of the

 

demand due him, to the person, over and above all legal setoffs,

 

setting forth the time when such the materials were furnished or

 

labor performed, and for whom, and containing a sufficiently

 

correct description of the premises, leasehold, or property to be

 

charged with the lien to identify the same, them, and the name of

 

the owner, part owner, or lessee thereof, of the premises, if

 

known. Such

 

     (2) A verified statement shall under this section must be

 

recorded at any time after the contract is made and within 6 months

 

from after the date on which the last of the materials shall have

 

been is furnished or the last of the labor shall have been is

 

performed by the person claiming the lien. and

 

     (3) A verified statement under this section may be amended at

 

any time before the a final judgment or decree. Such is entered in

 

an action to enforce the lien.

 

     (4) A register of deeds shall record and index a verified

 

statement of lien shall be recorded and indexed by the register of

 

deeds under this section in the same manner as provided by law for

 

the recording of real estate mortgages. , and such A recording

 

shall have under this subsection has the same effect as to notice

 

as against subsequent purchasers or encumbrancers as the recording

 

of a mortgage. The

 

     (5) A register of deeds shall is entitled to receive as his

 

fees a fee for the recording and indexing of such liens a verified

 

statement of lien under this section, and all any subsequent papers

 


paper affecting such liens, the lien, the same fees as are provided

 

by law for recording a real estate mortgage under section 2567 of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.2567.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2016.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 599 of the 98th Legislature is enacted into

 

law.