COURT FEE INCREASE EXTENSION S.B. 470: FLOOR ANALYSIS






Senate Bill 470 (as reported without amendment)
Sponsor: Senator Alan L. Cropsey
Committee: Appropriations

CONTENT

The bill would amend the Revised Judicature Act (RJA) to delay the sunsets on certain court fee increases and to direct a certain portion of court fees to drug treatment courts or substance abuse programs.


Court of Appeals Fees


Public Act 138 of 2003 amended the RJA to increase the Court of Appeals motion fee from $75 to $100. It also increased the fees for expedited and immediate consideration motions in the Court of Appeals from $150 to $200. The Act included a sunset on both fee increases 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 by $5 each. Please see Table 1 for a summary of these changes. The Act increased the portion of each civil filing fee retained by the local funding unit by $5 and specified that not less than $5 of the local share must be used to fund the operations of the district court. Public Act 138 included an October 1, 2005, sunset on the fee increases. The bill would extend the fee increases until October 1, 2007, but would direct not less than $5 of the local share of the fee to a drug treatment court in that judicial district or to substance abuse treatment for probationers, instead of to the district court.


Table 1

District Court Filing Current Fee Fee if Sunset is not Delayed
Recovery of Possession of Premises $45 $40
Small Claims  
--Up to $600 $25 $20
--Over $600 and up to $1,750 $45 $40
--Over $1,750 and up to $3,000 $65 $60
General Civil  
--Up to $600 $25 $20
--Over $600 and up to $1,750 $45 $40
--Over $1,750 and up to $10,000 $65 $60

MCL 600.321 et al.




FISCAL IMPACT
Court of Appeals Fees


 According to the Court of Appeals, the higher fees have increased annual filing fee revenue by approximately $87,500. Boilerplate language in the annual appropriation acts for the Judiciary for the last two fiscal years has dedicated this revenue to the Court of Appeals' effort to reduce the time it takes to handle an appeal. Both the Senate-passed and House-passed versions of the FY 2005-06 Judiciary appropriation bill recognize the continued increase in fee revenue and retain the boilerplate directing those funds toward delay reduction.


District Court Fees


 According to the State Court Administrative Office, based on reported 2004 civil filings, the additional revenue collected from the $5 increase in district court filing fees totaled approximately $2.6 million statewide. The estimated revenue increase experienced by each county ranges from $75 in Keweenaw County to over $700,000 in Wayne County. Table 2 summarizes the estimated impact by county based on the 2004 reported caseloads.


Table 2




County		 Estimated $5 Revenue  


County		 Estimated $5 Revenue  


County		 Estimated $5 Revenue
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
Dickenson $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
Genessee $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  

Date Completed: 9-1-05 Fiscal Analyst: Bethany Wicksall

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. sb470/0506