COURT FEE INCREASE EXTENSION S.B. 470: ENROLLED SUMMARY






Senate Bill 470 (as enrolled) PUBLIC ACT 151 of 2005 Sponsor: Senator Alan L. Cropsey
Senate Committee: Appropriations
House Committee: Appropriations


Date Completed: 1-23-07

CONTENT


The bill amended 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 postponed 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 had to 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 extended the fee increases until October 1, 2007, but directs 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 was 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 three fiscal years has dedicated this revenue to the Court of Appeals' effort to reduce the time it takes to handle an appeal. The FY 2006-07 Judiciary appropriation act recognizes the continued increase in fee revenue and retains the boilerplate directing those funds toward delay reduction.
District Court Fees


 According to the State Court Administrative Office, based on reported 2005 civil filings, the additional revenue collected from the $5 increase in district court filing fees totaled approximately $2.7 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 2005 reported caseloads.


Table 2


County		 Estimated $5 Revenue  
County		 Estimated $5 Revenue  
County		 Estimated $5 Revenue
Alcona $1,185 Gratiot $6,445 Missaukee $1,735
Alger $1,380 Hillsdale $10,500 Monroe $35,045
Allegan $19,910 Houghton $3,775 Montcalm $16,255
Alpena $5,135 Huron $7,930 Montmorency $1,875
Antrim $3,920 Ingham $90,870 Muskegon $49,270
Arenac $2,940 Ionia $12,250 Newaygo $8,185
Baraga $1,015 Iosco $5,315 Oakland $341,455
Barry $8,865 Iron $1,580 Oceana $4,600
Bay $24,300 Isabella $14,195 Ogemaw $3,670
Benzie $2,570 Jackson $43,245 Ontonagon $795
Berrien $44,050 Kalamazoo $72,700 Osceola $6,550
Branch $12,670 Kalkaska $3,595 Oscoda $1,025
Calhoun $46,765 Kent $155,945 Otsego $6,755
Cass $10,480 Keweenaw $110 Ottawa $42,445
Charlevoix $6,085 Lake $1,905 Presque Isle $2,405
Cheboygan $5,935 Lapeer $14,030 Roscommon $4,975
Chippewa $5,575 Leelanau $2,100 Saginaw $53,730
Clare $7,860 Lenawee $17,405 Sanilac $7,780
Clinton $9,605 Livingston $25,985 Schoolcraft $1,560
Crawford $3,145 Luce $1,155 Shiawassee $14,185
Delta $5,065 Mackinac $1,675 St. Clair $38,375
Dickenson $4,375 Macomb $208,735 St. Joseph $14,600
Eaton $20,710 Manistee $4,330 Tuscola $9,865
Emmet $9,880 Marquette $10,015 Van Buren $18,775
Genessee $152,000 Mason $5,060 Washtenaw $77,950
Gladwin $5,000 Mecosta $8,960 Wayne $711,295
Gogebic $2,305 Menominee $2,705 Wexford $10,930
Grand Traverse $18,770 Midland $15,720  
Fiscal Analyst: Stephanie Yu

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