September 30, 2015, Introduced by Senators JONES, MARLEAU and STAMAS and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 176 and chapter 19A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 176. (1) The judicial electronic filing fund is created
in the state treasury. The money in the fund shall be used as
provided in this section.
(2) The state treasurer shall credit to the judicial
electronic filing fund deposits of proceeds from the collection of
revenue from court fees as provided in this act and shall credit
all income from investment credited to the fund by the state
treasurer. The state treasurer may invest money in the fund in any
manner authorized by law for the investment of state money.
However, an investment shall not interfere with any apportionment,
allocation, or payment of money as required by this section. The
state treasurer shall credit to the fund all income earned as a
result of an investment of money in the fund. Except as provided in
subsection (3), the unencumbered balance remaining in the fund at
the end of a fiscal year shall remain in the fund and shall not
revert to the general fund.
(3) The state court administrative office shall administer the
judicial electronic filing fund created under subsection (1). Money
from the fund shall be expended to support the implementation,
operation, and maintenance of a statewide electronic filing system
and supporting technology as provided in this section and chapter
19A. Using a competitive bidding process, the supreme court and the
state court administrative office may develop a statewide
electronic filing system to facilitate statewide electronic filing
of court documents.
(4) The state court administrative office shall be reimbursed
annually from the judicial electronic filing fund for all
reasonable costs associated with the administration of this
section, including judicial and staff training, on-site management
assistance, and software development and conversion.
CHAPTER 19A
Sec. 1985. As used in this chapter:
(a) "Authorized court" means a court accepted by the state
court administrative office under section 1991 for access to the
electronic filing system.
(b) "Automated payment" means an electronic payment method
authorized by the state court administrative office at the
direction of the supreme court, including, but not limited to,
payments made with credit and debit cards.
(c) "Civil action" means an action that is not a criminal
case, a civil infraction action, or a proceeding involving a
juvenile under chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.1 to 712A.32.
(d) "Clerk" means the clerk of the court referenced in the
rules of the supreme court and includes the clerk of the supreme
court, chief clerk of the court of appeals, county clerk, probate
register, district court clerk, or clerk of the court of claims
where the civil action is commenced, as applicable.
(e) "Court funding unit" means 1 of the following, as
applicable:
(i) For circuit or probate court, the county.
(ii) For district court, the district funding unit as that
term is defined in section 8104.
(iii) For the supreme court, court of appeals, or court of
claims, the state.
(f) "Electronic filing system" means a system authorized after
the effective date of the amendatory act that added this chapter by
the supreme court for the electronic filing of documents using a
portal contracted for by the state court administrative office for
the filing of documents in the supreme court, court of appeals,
circuit court, probate court, district court, and court of claims.
(g) "Electronic filing system fee" means the fee described in
section 1986.
(h) "Party" means the person or entity commencing a civil
action.
(i) "Qualified vendor" means a private vendor selected by the
state court administrative office by a competitive bidding process
to effectuate the purpose of section 1991(3).
Sec. 1986. (1) If a fee for commencing a civil action is
authorized or required by law, in addition to that fee, the clerk
shall also collect an electronic filing system fee as follows:
(a) For civil actions filed in the supreme court, court of
appeals, circuit court, probate court, and court of claims, $25.00.
(b) Except as provided in subdivisions (c) and (d), for civil
actions filed in the district court, including actions filed for
summary proceedings, $10.00.
(c) For civil actions filed in district court if a claim for
money damages is joined with a claim for relief other than money
damages, $20.00.
(d) For civil actions filed in the small claims division of
district court, $5.00.
(2) Subject to section 1991, the clerk shall collect the
electronic filing system fee listed under subsection (1) from the
party at the time the civil action is commenced, whether or not the
document commencing the civil action was filed electronically.
(3) If the court waives payment of a fee for commencing a
civil action because the court determines that the party is
indigent or unable to pay the fee, the court shall also waive
payment of the electronic filing system fee.
(4) A party that is a governmental entity is not required to
pay an electronic filing system fee.
(5) The clerk may accept automated payment of any fee being
paid to the court. If the bank or other electronic commerce
business charges the court or court funding unit a merchant
transaction fee, the clerk may charge the person paying the fee an
additional automated payment service fee as authorized by the state
court administrative office. The amount of the automated payment
service fee shall not exceed the actual merchant transaction fee to
be charged to the court or court funding unit for accepting an
automated payment by a bank or other electronic commerce business,
or 3% of the automated payment, whichever is less.
Sec. 1987. (1) Except for an automated payment service fee
collected under section 1986(5), and except as provided in
subsection (2), the electronic filing system fee authorized under
this chapter is the only fee that may be charged to or collected in
a civil action specifically for electronic filing.
(2) If, pursuant to a supreme court order, a court or court
funding unit is collecting a fee for electronic filing other than
the electronic filing system fee on September 30, 2015, the court
or court funding unit may continue to collect $2.50 for filing or
$5.00 for filing and service, in addition to the electronic system
filing fee until December 31, 2016.
Sec. 1988. A court or court funding unit shall not charge a
fee to retrieve and inspect a document on site, including a
document that was filed electronically, but may charge a fee to
copy a document.
Sec. 1989. An electronic filing system fee collected shall be
remitted by the clerk to the state treasurer for deposit into the
judicial electronic filing fund created under section 176 and shall
be used to establish an electronic filing system and supporting
technology as provided in this chapter.
Sec. 1990. Any electronic filing system fee paid by a party is
a recoverable taxable cost.
Sec. 1991. (1) A court may apply to the supreme court for
access to and use of the electronic filing system.
(2) If the supreme court accepts a court under subsection (1),
the state court administrative office shall use money from the
judicial electronic filing fund established under section 176 to
pay the costs of technological improvements necessary for that
court to operate electronic filing.
(3) The supreme court may select a qualified vendor for the
electronic filing system.
Sec. 1992. Nothing in this chapter shall be construed to
require a person to file a document electronically. A court or
court funding unit shall not require or permit a person to file a
document electronically except as directed by the supreme court.
Enacting section 1. This amendatory act takes effect January
1, 2016.