November 4, 2015, Introduced by Senators MACGREGOR, ZORN, HERTEL and BOOHER and referred to the Committee on Banking and Financial Institutions.
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), (4), 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, $35.00, 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 5
instruments, in addition to the fee under subdivision (a), $5.00
for
each additional instrument assigned or discharged in excess of
5.
(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.
(3) By April 1 of the tenth year after the year in which the
amendatory act that added this sentence takes effect, and by April
1 of each successive tenth year, the state treasurer shall adjust
the recording fee in subsection (1)(a) or, for successive
adjustments, the fee as previously adjusted, by an amount
determined by the state treasurer to reflect the cumulative
percentage change in the consumer price index for the preceding 10
calendar years, rounded up to the nearest $5.00. An adjusted
recording fee applies to documents recorded after that April 1
until April 1 of the next adjustment. As used in this subsection,
"consumer price index" means the most comprehensive index of
consumer prices available for this state from the Bureau of Labor
Statistics of the United States Department of Labor.
(4) (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.
(5) (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 90 days
after the date it is enacted into law.