MOTION AND FILING FEES

Senate Bill 470 (Substitute H-1)

Sponsor:  Sen. Alan L. Cropsey

House Committee:  Appropriations

Senate Committee:  Appropriations

Complete to September 19, 2005

A SUMMARY OF SENATE BILL 470 SUBSTITUTE (H-1): 

 

The bill would amend the Revised Judicature Act to postpone sunsets on certain Court of Appeals and district court fee increases that took effect October 1, 2003, and generally to direct affected fee revenue to existing or planned drug treatment courts. 

Court of Appeals Fees

Public Act 138 of 2003 increased the Court of Appeals motion fee from $75 to $100, increased the fee for expedited and immediate consideration motions from $150 to $200, and provided for both fee increases to expire October 1, 2005.  The bill would postpone the sunset to October 1, 2007. 

District Court Fees

Public Act 138 of 2003 increased certain district court civil filing fees (see below) by $5 each by increasing the portion retained by the local funding unit by $5 and specifying that at least $5 of the local share must be used for district court operations.  The act imposed a sunset of October 1, 2005 for the fee increases and associated provisions.  The bill would eliminate the sunset on the $5 fee increase and generally direct the revenue to the local drug treatment court.  Balances not needed by the drug treatment court, as well as fees in locales where there was no drug court, would be used for the operation of the district court.

Current Filing Fee

Fee as of 10/1/05 under current sunset

District/Municipal court filing fee for recovery of premises

$45

$40

Small claims - under $600

$25

$20

Small claims - $600 to $1,750

$45

$40

Small claims - $1,751 to $3,000

$65

$60

General civil and summary disposition - under $600

$25

$20

General civil and summary disposition - $600 to $1,750

$45

$40

General civil and summary disposition - $1,751 to $10,000

$65

$60

FISCAL IMPACT:

Court of Appeals

The motion fee increases are estimated to have increased annual revenue by $87,500.  Boilerplate language in the Judiciary budget acts for the past two fiscal years has dedicated this revenue to efforts to reduce delays and speed processing of cases through the Court of Appeals.  The conference report for SB 275, the FY 2005-06 Judiciary budget bill, assumes that this revenue will continue to be collected and includes the associated boilerplate. 

District Court Fees

The State Court Administrative Office estimates that based on reported 2004 civil filings, the annual revenue collected under the $5 increase generates approximately $2.6 million statewide.  Estimated revenues by county are shown below.

County

Estimated Revenue Due to $5 Increase

County

Estimated Revenue Due to $5 Increase

County

Estimated Revenue Due to $5 Increase

Alcona

$1,290

Gratiot

$6,335

Missaukee

$1,755

Alger

$1,255

Hillsdale

$9,915

Monroe

$34,975

Allegan

$20,005

Houghton

$3,695

Montcalm

$15,975

Alpena

$5,575

Huron

$8,680

Montmorency

$1,500

Antrim

$3,530

Ingham

$92,920

Muskegon

$47,225

Arenac

$2,920

Ionia

$12,715

Newaygo

$6,765

Baraga

$680

Iosco

$4,955

Oakland

$329,350

Barry

$9,270

Iron

$1,485

Oceana

$3,870

Bay

$24,050

Isabella

$12,820

Ogemaw

$3,440

Benzie

$2,050

Jackson

$41,980

Ontonagon

$725

Berrien

$44,305

Kalamazoo

$71,540

Osceola

$4,730

Branch

$12,570

Kalkaska

$3,265

Oscoda

$1,000

Calhoun

$44,945

Kent

$153,140

Otsego

$6,415

Cass

$10,040

Keweenaw

$75

Ottawa

$46,305

Charlevoix

$5,655

Lake

$2,150

Presque Isle

$1,915

Cheboygan

$5,315

Lapeer

$13,150

Roscommon

$5,180

Chippewa

$5,140

Leelanau

$1,710

Saginaw

$50,925

Clare

$7,935

Lenawee

$18,300

Sanilac

$8,210

Clinton

$9,635

Livingston

$24,310

Schoolcraft

$1,440

Crawford

$2,750

Luce

$825

Shiawassee

$14,465

Delta

$5,045

Mackinac

$1,525

St. Clair

$37,215

Dickinson

$4,680

Macomb

$193,030

St. Joseph

$14,210

Eaton

$20,115

Manistee

$4,335

Tuscola

$10,195

Emmet

$8,525

Marquette

$10,160

Van Buren

$21,930

Genesee

$156,120

Mason

$4,750

Washtenaw

$77,140

Gladwin

$4,490

Mecosta

$9,075

Wayne

$712,410

Gogebic

$2,105

Menominee

$2,880

Wexford

$10,700

Grand Traverse

$19,295

Midland

$14,380

                                                                                                  Fiscal Analyst:   Marilyn Peterson

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