HOUSE BILL No. 5798 May 16, 2000, Introduced by Reps. DeHart, Schermesser and Quarles and referred to the Committee on Family and Civil Law. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8420 (MCL 600.8420), as amended by 1993 PA 189. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 8420. (1) A fee of $17.00 shall be charged and col- 2 lected for the filing of the affidavit for the commencement of 3 any action in which the amount in controversy does not exceed 4 $600.00,anda fee of $32.00 shall be charged and collected in 5 any action in which the amount in controversy exceeds $600.00 BUT 6 DOES NOT EXCEED $1,750.00, AND A FEE OF $52.00 SHALL BE CHARGED 7 AND COLLECTED IN ANY ACTION IN WHICH THE AMOUNT IN CONTROVERSY 8 EXCEEDS $1,750.00. A fee in an amount equal to the prevailing 9 postal rate for the service provided shall be charged and 10 collected for each defendant to whom a copy of the affidavit is 05021'99 TLG 2 1 mailed by the clerk. A fee of $15.00 shall be charged and 2 collected for the issuance of a writ of execution, attachment, or 3 garnishment, and for the issuance of a judgment debtor discovery 4 subpoena. Except as otherwise provided in this chapter, a fee or 5 charge shall not be collected by an officer for any service 6 rendered under this chapter or for the taking of affidavits for 7 use in connection with any action commenced under this chapter. 8 (2) Of each $17.00 filing fee collected within the month, at 9 the end of each month, the clerk shall transmit $2.00 to the 10 state treasurer to be credited to the community dispute resolu- 11 tion fund createdbyUNDER SECTION 4 OF the community dispute 12 resolution act,Act No. 260 of the Public Acts of 1988, being13sections 691.1551 to 691.1564 of the Michigan Compiled Laws1988 14 PA 260, MCL 691.1554; $4.50 to the executive secretary of the 15 Michigan judges retirement system createdbyUNDER the judges 16 retirement act of 1992,Act No. 234 of the Public Acts of 1992,17being sections 38.2101 to 38.2608 of the Michigan Compiled Laws18 1992 PA 234, MCL 38.2101 TO 38.2670; $5.50 to the treasurer of 19 the district control unit in which the action was commenced; and 20 the balance to the state treasurer for deposit in the state court 21 fund created in section 151a. 22 (3) Of each $32.00 filing fee collected within the month, at 23 the end of each month, the clerk shall transmit $2.00 to the 24 state treasurer to be credited to the community dispute resolu- 25 tion fund createdby Act No. 260 of the Public Acts of 198826 UNDER SECTION 4 OF THE COMMUNITY DISPUTE RESOLUTION ACT, 1988 27 PA 260, MCL 691.1554; $9.00 to the executive secretary of the 05021'99 3 1 MICHIGAN judges retirement system CREATED UNDER THE JUDGES 2 RETIREMENT ACT OF 1992, 1992 PA 234, MCL 38.2101 TO 38.2670; 3 $11.00 to the treasurer of the district control unit in which the 4 action was commenced; and the balance to the state treasurer for 5 deposit in the state court fund created in section 151a. 6 (4) OF EACH $52.00 FILING FEE COLLECTED WITHIN THE MONTH, AT 7 THE END OF EACH MONTH, THE CLERK SHALL TRANSMIT $2.00 TO THE 8 STATE TREASURER TO BE CREDITED TO THE COMMUNITY DISPUTE RESOLU- 9 TION FUND CREATED UNDER SECTION 4 OF THE COMMUNITY DISPUTE RESO- 10 LUTION ACT, 1988 PA 260, MCL 691.1554; $13.50 TO THE EXECUTIVE 11 SECRETARY OF THE MICHIGAN JUDGES RETIREMENT SYSTEM CREATED UNDER 12 THE JUDGES RETIREMENT ACT OF 1992, 1992 PA 234, MCL 38.2101 TO 13 38.2670; $16.50 TO THE TREASURER OF THE DISTRICT CONTROL UNIT IN 14 WHICH THE ACTION WAS COMMENCED; AND THE BALANCE TO THE STATE 15 TREASURER FOR DEPOSIT IN THE STATE COURT FUND CREATED IN SECTION 16 151A. 17 (5)(4)If the affidavit and notice to appear and answer 18 are served by personal service, the person serving the process is 19 entitled to the same fee and mileage as for the service of a sum- 20 mons and complaint out of the district court. 21 (6)(5)The clerk of the district court shall prepare and 22 submit a court filing fee report to the executive secretary of 23 the Michigan judges retirement system createdby Act No. 234 of24the Public Acts of 1992UNDER THE JUDGES RETIREMENT ACT OF 1992, 25 1992 PA 234, MCL 38.2101 TO 38.2670, at the same time the clerk 26 of the district court transmits the portion of the fees collected 27 under this section to the executive secretary OF THE MICHIGAN 05021'99 4 1 JUDGES RETIREMENT SYSTEM CREATED UNDER THE JUDGES RETIREMENT ACT 2 OF 1992, 1992 PA 234, MCL 38.2101 TO 38.2670. 05021'99 Final page. TLG