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Introduced by Senators Ehlers, Cropsey, Dingell, Geo. Hart and Cherry
ENROLLED SENATE BILL No. 381
AN ACT to amend section 2567 of Act No. 236 of the Public Acts of 1961, entitled as amended "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," as amended by Act No. 300 of the Public Acts of 1984, being section 600.2567 of the Michigan Compiled Laws; and to add section 2567a.
The People of the State of Michigan enact.
Section 1. Section 2567 of Act No. 236 of the Public Acts of 1961, as amended by Act No. 300 of the Public Acts of 1984, being section 600.2567 of the Michigan Compiled Laws, is amended and section 2567a is added to read as follows:
Sec. 2567.
(1) 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, $5.00 for the first page and $2.00 for each additional and succeeding page. If a document assigns or discharges more than I instrument, $1.00 shall be added to the page price for each additional instrument assigned or discharged. 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.
(b) For copies of any records or papers, if required, $1.00 per page, taxable as costs if otherwise allowed.
(c) For a seal to exemplification, $1.00.
(d) For searching the records and files in the office of the register of deeds, 10 cents for each year for which searches are made, with a minimum fee of $1.00.
(e) For filing every other paper, and making an entry of it, if necessary, $1.00, unless otherwise specifically provided for.
(f) For searching for every other paper, on request, 10 cents for each paper examined.
(2) In addition to any other fees prescribed in subsection (1) or (5), 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.
(3) For purposes of this section, "page" means 1 side of a single sheet of paper not exceeding 8-1/2 inches in width and 14 inches in length and not less than 13 (17 x 22--500) pound weight on which the printed or typed words are legible and not smaller than 8-point type.
(4) The county board of commissioners may reduce or eliminate the fees specified in subsection (1)(b), (d), or (f)
(5) A charter county may impose a fee schedule by ordinance with different amounts than the arno prescribed by subsection (1). A charter county shall. not impose a fee that is greater than the cost of the for which the fee is charged.
Sec. 2567a.
(1) Except as otherwise provided in subsection (4), the county register of deeds shall collect a fee of $2.00 for recording any instrument. The fee shall be paid when the instrument is left for record.
(2) The fee required by this section is in addition to any other 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 statesurvey and remonumentation act, except that a county may retain not more than 1-1/2% of each $2.00 fee collected to cover the costs of administering this section.
(4) This section does not apply to any of the fillowing:
(a) An agency of the state when filing or recording any instrument with the county register of deeds pursuant to either of the following.
(i) The state tax lien registration act, Act No. 203 of the Public Acts of 1968, being sections 211.681 to 211.687 of the Michigan Compiled Laws. (i~3 Section 67a of the general property tax act, Act No. 206 of the Public Acts of 1893, being section 211.67a of the Michigan Compiled Laws.
(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 pursuant to section 15 of the Michigan employment security act, Act No. 1 of the Extra Session of the Public Acts of 1936, being section 421.15 of the Michigan Compiled Laws.
(c) An agency of the federal government when filing or recording any instrument with the county register of deeds pursuant to the uniform federal lien registration act, Act No. 102 of the Public Acts of 1983, being sections 211.661 to 211.668 of the Michigan Compiled Laws.
(d) An individual or any public or private legal entity when recording any instrument with the county register of deeds pursuant to the uniform commercial code, Act No. 174 of the Public Acts of 1962, being sections 440.1101 to 440.11102 of the Michigan Compiled Laws.
Section 2. This amendatory act shall take effect January 1, 1991.
Section 3. This amendatory act shall not take effect unless Senate Bill No. 380 of the 85th Legislature is enacted into law. This act is ordered to take immediate effect. Secretary of the Senate. Clerk of the House of Representatives.
(h)On or before October 1, 1993, submit a copy of the initial report that is prepared pursuant to subdivision (g) to the county board of commissioners of each county of this state. (i) Establish and administer a grant program to counties to implement this act.
Sec. 7.
(1) The commission shall appoint an executive director. The executive director, under the direction of the commission, shall carry out the routine duties of the commission, as delegated to the executive director by the commission. The executive director shall retain employees, including at least 1 licensed surveyor and adequate secretarial staff, as the executive director considers necessary. The employees shall be classified civil servants.
(2) The commission shall enter into a contract with a geodetic advisor qualified to perform the duties described in section 6(c).
Sec. 8.
(1) Each county shall establish a county monumentation and remonumentation plan. Not later than 1 year after the effective date of this act, the commission shall create and distribute a model county plan, which may be adopted by a county with any changes appropriate for that county. Not later than 3 years after the effective date of this act, each county shall have submitted a county plan that is approved by the commission.
(2) A county plan shall provide for all of the following: (a) The monumentation or remonumentation of the entire county, within 20 years, under the guidelines of the manual of instructions for the survey of the public lands of the United States, 1973, prepared by the bureau of land management of the department of interior, technical bulletin 6, or subsequent editions. (b) The provision of copies of all survey monumentation information produced by the county plan to the county surveyor and the commission. (c) The filing with the county surveyor and the commission of copies of all monumentation or remonumentation documents required to be recorded with the register of deeds pursuant to the corner recordation act, Act No. 74 of the Public Acts of 1970, being sections 54.201 to 54.210d of the Michigan Compiled Laws, or recorded with the register of deeds pursuant to Act No. 132 of the Public Acts of 1970, being sections 54.211 to 54.213 of the Michigan Compiled Laws. (d) A perpetual monument maintenance plan that provides for all corners to be checked, and if necessary remonumented, at least once every 20 years. (e) Any other provisions reasonably required by the commission for purposes of this act.
(3) Two or more contiguous counties may submit a multicounty plan. which shall meet the same requirements within each member county as are established for a county plan under this act.
(4) If a county fails to establish and submit a plan that is approved by the commission within the time required under subsection (1). the commission shall initiate and contract for the implementation of a county plan in that county pursuant to section 10.
Sec. 9. The county surveyor in each county in this state shall be the county representative for all surveying projects approved by or initiated through the commission. In a county that does not have a county surveyor a licensed surveyor shall be appointed and shall perform the duties described in this section.
Sec. 10.
(1) Any monumentation or remonumentation conducted by the commission shall be pursuant to negotiated contracts. The commission shall prepare specifications for each contract negotiated by the commission. and shall monitor the field work and notes of all work done under each contract to ensure compliance with those specifications.
(2) The commission shall pay the cost of any contracts under this section from the fund.
Sec. 11.
(1) The state survey and remonumentation fund is created in the state treasury as a separate fund. The fund shall be administered by the commission.
(2) Money deposited in the fund, and all interest and earnings generated by the fund, shall not lapse at the end of a fiscal year, but shall remain in the fund to be expended as provided in this act.
(3) The fund may accept funds received as gifts or donations, or funds received from individuals or corporations to be used for purposes of this act.
(4) The commission may direct the department of treasury to establish restricted subaccounts within the fund as necessary to administer the fund.
Sec. 12.
(1) Money in the fund shall be used by the commission for the following purposes: (a) Annual grants to the various counties to implement their county plans, excluding the perpetual monument maintenance plan described in section 8(2)(d) (b) Annual grants to 2 or more counties to implement their multicounty plan, monument maintenance plan described in section 8(2)(d). (c) The implementation of county plans that are initiated and contracted for by the commission section 8(4). (d) An annual grant to each county that has a county plan or to 2 or more counties that have a multicounty plan to implement the perpetual monument maintenance plan described in section 8(2)(d). The commission shall make not less than 5% of the total amount of the fund available for grants pursuant to this subdivision. (e) The payment of contracts that are entered into by the commission pursuant to section 10. (f) Other activities necessary, incidental, or appropriate for the implementation of this act.
(2) Of the money collected and remitted to the state treasurer for deposit in the fund pursuant to section 2567a of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2567a of the Michigan Compiled Laws, the following shall apply: (a) An annual grant to a county pursuant to subsection (1Xa) or to 2 or more counties pursuant to subsection (1)(b) shall be in an amount that is not less than 20% of the aggregate amount of money collected in that county or those counties, as applicable, pursuant to sections 2567(2) and 2567a of Act No. 236 of the Public Acts of 1961, being sections 600.2567 and 600.2567a of the Michigan Compiled Laws, during the calendar year immediatelypreceding the year in which the grant is made. (b) If the commis sion initiates and contracts for the implementation of a county plan for a county pursuant to section 8(4), the commission shall annually spend an amount that is not less than 20~ of the aggregate amount of money collected in that county pursuant to sections 2567(2) and 2567a of Act No. 236 of the Public Acts of 1961,being sections 600.2567 and 600.2567a of the Michigan Compiled Laws, during the calendar year immediately preceding the year in which the expenditure is made, to implement that county plan.
Sec. 13. An application for an annual grant authorized pursuant to this act shall be made on a form prescribed and furnished by the commission. The commission may require the applicant to provide any information reasonably necessary to allow the commission to make a determination required by this act.
Sec. 14.
(1) The commission shall not make a grant pursuant to section 12(1Xa) or (b) unless all of the following conditions are met: (a) The applicant files an application for the grant on or before December 31 of the calendar yearimmediately preceding the year in which the grant is made. (b) The applicant has established a county plan or a multicounty plan that has been approved by the commission on or before December 31 of the calendar year immediately preceding the year in which the grant is made. (c) The applicant demonstrates to the commission the capability to carry out the county plan or multicounty plan. (d) The applicant demonstrates to the commission that it has not completed the monumentation or remonumentation of the county, or of the several counties in a multicounty plan.
(2) The commission shall not make a grant pursuant to section 12(1)(d) unless the applicant demonstrates to the commission that it has completed the monumentation or remonumentation of the county, or of the several counties in a multicounty plan.
Sec. 15.
(1) A recipient of a grant made pursuant to section 12(1)(a), (b), or (d) shall obtain authorization from the commission before implementing a change that significantly alters the approved county plan or multiCounty plan.
(2) The commission may revoke a grant made by it pursuant to this act or withhold payment if the recipient of the grant fails to comply with the terms and conditions of the grant. or with requirements of this act or the rules promulgated pursuant to this act.
(3) The commission may withhold a grant until the commission determines that the recipient is able to proceed with the implementation of the county plan or multicounty plan.
Sec. 16.
(1) The commission, upon request, shall provide copies or certified copies of records in its possession to the public, other state agencies or officers. or local governmental agencies. The commission may charge a reasonable fee for providing the records.
(2) A certified copy of a record provided by the commission is admissible in court as evidence, without further identification, if the substance of the record is properly admissible in the proceeding.
Sec. 18. This act shall take effect January 1, 1991.
Sec. 19. This act shall not take effect unless Senate Bill No. 381 of the $Sth Legislature is enacted into law. This act is ordered to take immediate effect, Secretary of the Senate, Clerk of the House of Representatives.
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Act No. 346
