Bill Text: MI HB5029 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Courts; other; electronic access to courts; allow. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 1986 & 1987. TIE BAR WITH: HB 5028'15, 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 231'15 With Immediate Effect 2015 Addenda [HB5029 Detail]
Download: Michigan-2015-HB5029-Engrossed.html
HB-5029, As Passed House, December 2, 2015
SUBSTITUTE FOR
HOUSE BILL NO. 5029
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding sections 1986 and 1987.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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, subject to
section 1993, 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
House Bill No. 5029 as amended December 1, 2015
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
service[ OR] $5.00 for filing and service, IN addition to the
electronic system filing fee until December 31, 2016.
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. 5028.
(e) House Bill No. 5030.
