Bill Text: MI SB1299 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Counties; financing; retention of certain recording fees, otherwise deposited in state survey and remonumentation fund; allow for certain counties as reimbursement for cost of expediting survey and remonumentation plan. Amends sec. 2567a of 1961 PA 236 (MCL 600.2567a). TIE BAR WITH: SB 1300'12
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-27 - Referred To Committee Of The Whole With Substitute S-1 [SB1299 Detail]
Download: Michigan-2011-SB1299-Introduced.html
SENATE BILL No. 1299
September 20, 2012, Introduced by Senator MEEKHOF and referred to the Committee on Local Government and Elections.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
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),
(5), the county register of deeds shall collect a fee for
recording any instrument. Before January 1, 2023, the fee shall be
$4.00. Beginning January 1, 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 subsection (1) 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 subsection (1) 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 However, both of the
following apply:
(a) 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.
(b) If at any time after the effective date of the 2012 act
that added this subdivision a county has a balance of unreimbursed
expenditures under section 8(5) of the state survey and
remonumentation act, 1990 PA 345, MCL 54.268, to expedite
completion of a plan, of more than $1,500,000.00, the county or
counties may retain the entire amount of fees collected under
subsection (1). The county or counties may continue to retain fees
under this subdivision until the balance of unreimbursed expedited
expenditures under section 8(5) of the state survey and
remonumentation act, 1990 PA 345, MCL 54.268, is zero. The retained
fees shall be used to pay for implementation of the perpetual
monument maintenance plan described in section 8(2)(d) of the state
survey and remonumentation act, 1990 PA 345, MCL 54.268, in amounts
approved by the department of licensing and regulatory affairs and
as reimbursement for unreimbursed expedited expenditures under
section 8(5) of the state survey and remonumentation act, 1990 PA
345, MCL 54.268.
(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 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
440.11102.
(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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1300
of the 96th Legislature is enacted into law.
