E-FILING FEE, EXTEND SUNSET                                                                    H.B. 4296:

                                                                              SUMMARY OF HOUSE-PASSED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

House Bill 4296 (as passed by the House)

Sponsor:  Representative Graham Filler

House Committee:  Judiciary

Senate Committee:  Judiciary and Public Safety

 

Date Completed:  5-8-19

 


CONTENT

 

The bill would amend the Revised Judicature Act (RJA) to extend, from February 28, 2021, to February 28, 2031, the date after which a court clerk could no longer collect an electronic filing (e-filing) system fee.

 

Under the RJA, if a fee for commencing a civil action is authorized or required by law, in addition to the fee, a court clerk also must collect an e-filing system fee, as follows:

 

 --    $25, for civil actions filed in the Michigan Supreme Court, Court of Appeals, circuit court, probate court, and the Court of Claims.

 --    $10, except as otherwise provided, for civil actions filed in district court, including actions filed for summary proceedings.

 --    $20, for civil actions filed in district court if a claim for money damages is joined with a claim for relief other than money damages.

 --    $5, for civil actions filed in the small claims division of district court.

 

A clerk may not collect an e-filing system fee after February 28, 2021. The bill would extend the date to February 28, 2031. 

 

MCL 600.1993                                                       Legislative Analyst:  Stephen Jackson

 

FISCAL IMPACT

 

The bill would have an indeterminate fiscal impact on State government and no fiscal impact on local government. The extension of the sunset would preserve the current funding mechanism for the e-filing system. However, under the bill, the fees would not be collected after February 28, 2031. After this date, system costs would be paid from the balance of the Judicial Electronic Filing Fund. If no funds were available, costs would be paid from the General Fund.

 

                                                                           Fiscal Analyst:  Elizabeth Raczkowski

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.