Bill Text: MI HB5028 | 2015-2016 | 98th Legislature | Chaptered


Bill Title: Courts; other; electronic access to courts; allow. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding ch. 19A. TIE BAR WITH: HB 5029'15, HB 5030'15, SB 0531'15, SB 0532'15, SB 0533'15

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-12-31 - Assigned Pa 230'15 With Immediate Effect 2015 Addenda [HB5028 Detail]

Download: Michigan-2015-HB5028-Chaptered.html

Act No. 230

Public Acts of 2015

Approved by the Governor

December 22, 2015

Filed with the Secretary of State

December 22, 2015

EFFECTIVE DATE: January 1, 2016

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2015

Introduced by Reps. Kesto and Heise

ENROLLED HOUSE BILL No. 5028

AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding chapter 19A.

The People of the State of Michigan enact:

CHAPTER 19A

ELECTRONIC ACCESS TO COURTS

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, a proceeding commenced in the probate court under section 3982 of the estates and protected individuals code, 1988 PA 386, MCL 700.3982, 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).

Enacting section 1. This amendatory act takes effect January 1, 2016.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 531.

(b) Senate Bill No. 532.

(c) Senate Bill No. 533.

(d) House Bill No. 5029.

(e) House Bill No. 5030.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor