Bill Text: MI SB0600 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Liens; other; liens for labor on oil and gas wells; clarify fee for recording and indexing a statement claiming a lien. Amends sec. 4 of 1937 PA 146 (MCL 570.254). TIE BAR WITH: SB 0599'15
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2016-09-06 - Presented To Governor 6/14/2016 @ 11:48 Am [SB0600 Detail]
Download: Michigan-2015-SB0600-Chaptered.html
Act No. 225
Public Acts of 2016
Approved by the Governor
June 22, 2016
Filed with the Secretary of State
June 23, 2016
EFFECTIVE DATE: October 1, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Senators MacGregor, Hertel, Zorn and Booher
ENROLLED SENATE BILL No. 600
AN ACT 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) A person, or the person’s agent or attorney, whether contractor, subcontractor, or materialman, or laborer, who wishes to claim the benefit of this act, shall make and record in the office of the register of deeds, in the county or counties in which the leasehold, oil or gas well, pipeline, oil or gas derrick, oil tanks, materials, machinery, or other property to be charged with the lien is located, a true statement or account of the demand due to the person, over and above all legal setoffs, setting forth the time when 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 them, and the name of the owner, part owner, or lessee of the premises, if known.
(2) A verified statement under this section must be recorded any time after the contract is made and within 6 months after the date on which the last of the materials is furnished or the last of the labor is performed by the person claiming the lien.
(3) A verified statement under this section may be amended at any time before a final judgment is entered in an action to enforce the lien.
(4) A register of deeds shall record and index a verified statement of lien under this section in the same manner as provided by law for the recording of real estate mortgages. A recording under this subsection has the same effect as to notice as against subsequent purchasers or encumbrancers as the recording of a mortgage.
(5) A register of deeds is entitled to receive as a fee for the recording and indexing of a verified statement of lien under this section, and any subsequent paper affecting the lien, the same fees as are provided 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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
