ELECTRONIC FILING FEES S.B. 1045:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 1045 (as reported without amendment)
CONTENT
The bill would amend Chapter 19A (Electronic Access to Courts) of the Revised Judicature Act to extend until December 31, 2017, the authorization for certain court funding units to collect certain fees in addition to the electronic filing system fee established under Chapter 19A.
Chapter 19A requires a court clerk to collect an electronic filing system fee in addition to a fee for commencing a civil action authorized or required by law. Except for an automated payment service fee, and except as provided below, the e-filing fee authorized under Chapter 19A is the only fee that may be charged to or collected in a civil action specifically for electronic filing.
If a court or court funding unit, pursuant to a Supreme Court order, was collecting a fee for electronic filing other than the e-filing fee on September 30, 2015, the court or court funding unit may continue to collect $2.50 for filing or service or $5 for filing and service, in addition to the e-filing fee, until December 31, 2016. The bill would extend that authorization until December 31, 2017.
MCL 600.1987 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on the State and a positive fiscal impact on the courts that currently collect an electronic filing fee. Courts in Grand Traverse, Macomb, Oakland, Ottawa, and Wayne Counties collect the fee to pay the vendors that set up and support e-filing systems in those counties. The courts split the fee with the vendors, with the courts keeping between 30% and 50% depending on the agreement. Based on the numbers reported thus far in 2016, the fees are approximately $1.1 million per year.
Date Completed: 9-16-16 Fiscal Analyst: Ryan Bergan
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.