EXTEND ELECTRONIC FILING FEE SUNSET

House Bill 4296 as introduced

Sponsor:  Rep. Graham Filler

Committee:  Judiciary

Complete to 3-10-19

SUMMARY:

House Bill 4296 would amend the Revised Judicature Act to extend the sunset (expiration date) pertaining to collections by a court clerk of an electronic filing system fee. Instead of collections ending after February 28, 2021, the new date would be February 28, 2031, thereby allowing the fees to be collected for an additional 10 years.

MCL 600.1993

BACKGROUND INFORMATION:

Public Acts 230 through 235 of 2015 created a statewide e-filing system intended to increase efficiency and provide cost benefits not only to the state’s courts, but also to attorneys and their clients. Electronic filing fees are waived for the indigent and also for governmental entities. Fees are collected by the state treasurer and deposited into the Judicial Electronic Filing Fund. The fund is administered by the State Court Administrative Office (SCAO) to implement, operate, and maintain the electronic filing system. SCAO is reimbursed by the fund for its costs in doing so. The public may retrieve and view on the site documents filed both manually and electronically and pay only if they choose to copy those documents.

FISCAL IMPACT:

The bill would have no fiscal impact on the state or on local units of government until after the year 2031. A fiscal impact to the state could occur at that time, but only if the sunset is not extended again. Under the bill, the fees would continue to be collected until February 28, 2031. After that date, if there is a balance remaining in the fund, the balance would be used to pay ongoing costs of the e-filing system.  Any costs not covered by revenue in the fund would have to be paid from the general fund. 

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Robin Risko

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.