SB-0531, As Passed Senate, October 15, 2015

SUBSTITUTE FOR

SENATE BILL NO. 531

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding chapter 19A.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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, 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

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. 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.

     Sec. 1993. An electronic filing system fee shall not be

collected under section 1986(1) later than 5 years after the

effective date of the amendatory act that added this chapter.

     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. 532.

     (b) Senate Bill No. 533.