Bill Text: MI HB5504 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Civil procedure; costs and fees; consolidated fees from divorce, paternity, and family support acts; provide for. Amends secs. 2137, 2529 & 2538 of 1961 PA 236 (MCL 600.2137 et seq.). TIE BAR WITH: SB 0105'09, SB 0106'09, SB 0107'09
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2009-12-31 - Assigned Pa 239'09 With Immediate Effect 2009 Addenda [HB5504 Detail]
Download: Michigan-2009-HB5504-Engrossed.html
HB-5504, As Passed House, December 3, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 5504
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2137, 2529, and 2538 (MCL 600.2137, 600.2529,
and 600.2538), section 2137 as amended by 2001 PA 76, section 2529
as amended by 2004 PA 205, and section 2538 as amended by 2003 PA
178.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2137. (1) If a public officer reproduces court records
kept
by him or her pursuant to the records media reproduction act,
1992
PA 116, MCL 24.401 to 24.403 24.406, the officer may offer the
original
records to the department of history, arts, and libraries
natural resources for placement in the state archives. If the
department
of history, arts, and libraries natural
resources
accepts the offer within 30 days, the court shall transfer the
records
to that the department. If the department of history, arts,
and
libraries natural resources does not accept the offer within 30
days, the court may dispose of or destroy the records in the manner
provided for state agencies under sections 285 and 287 of the
management and budget act, 1984 PA 431, MCL 18.1285 and 18.1287,
and section 5 of 1913 PA 271, MCL 399.5. The record of a court
shall not be disposed of or destroyed until the record has been in
the custody of the court for not less than 6 years.
(2) In a county or probate court district in which the county
board or boards of commissioners pass a resolution or resolutions
for
reproducing records pursuant to the records media reproduction
act,
1992 PA 116, MCL 24.401 to 24.403 24.406, the judge of probate
may
cause have the records of the probate court to be so reproduced
in accordance with the resolution or resolutions. The judge of
probate
shall cause have a copy or a duplicate to be kept in a
building outside of the probate office and shall keep a copy
available in the probate office with any suitable equipment
necessary for displaying the record at not less than its original
size or for preparing copies for persons entitled to copies. The
judge of probate then may order a record destroyed. A reproduction
in
a medium pursuant to the records media reproduction act, 1992 PA
116,
MCL 24.401 to 24.403 24.406, or a reproduction consisting of a
printout or other output readable by sight from such a medium is
admissible as evidence before a court, commission, or
administrative body the same as the original. The original file of
an
estate proceeding shall not be destroyed until 6 years have
elapsed
from after the date of filing of the discharge of the
fiduciary
is filed or 10 years have elapsed from the filing of
after
the last document is filed,
whichever date occurs first.
(3) A court of record other than the district court may order
the destruction of a court reporter or recorder note, tape, or
recording 15 years after the date that the note, tape, or recording
was made for a felony case and 10 years after the date that the
note, tape, or recording was made for any other case. One year
after a transcript of a note, tape, or recording is filed with the
court, the court may order the destruction of the note, tape, or
recording. If a transcript of a trial or other proceeding in a
court of record other than the district court is ordered other than
for filing in the case file, the court reporter or recorder also
shall prepare and shall file a certified copy of the transcript in
the case file at the expense of the person ordering the transcript
unless a copy has been filed with the court or unless the chief
judge of the court orders otherwise in an order filed in the case
file. As used in this subsection, "felony case" does not include
proceedings in a case that occur before arraignment on information
or indictment or proceedings in a case in which the defendant is
not convicted of a felony.
(4) Except as provided in subsection (3), a judicial circuit
of the circuit court may order the destruction of its files and
records in a case in which action has not been taken during the 25
years immediately preceding the order of destruction. All of the
following procedures shall be followed before the issuance of an
order of destruction of circuit court files and records:
(a) The judgment or decree, if any, shall be reproduced
pursuant
to the records media reproduction
act, 1992 PA 116, MCL
24.401
to 24.403 24.406, or separated and retained, and the
original or reproduction shall be made available for public
inspection.
(b) The circuit court shall offer the files and records,
subject to the order of destruction, to the Michigan historical
commission
established by section 1 of 1913 PA 271, MCL 399.1, to
399.10,
or a historical commission created pursuant
to under
section
2 of 1957 PA 213, MCL 399.171 to 399.172.
If the historical
commission accepts the offer within 30 days, the circuit court
shall transfer the files and records to the historical commission.
If the historical commission does not accept the offer within 30
days, the circuit court shall issue an order of destruction.
(5) A reproduction of a record in a medium pursuant to the
records
media reproduction act, 1992 PA 116, MCL 24.401 to 24.403
24.406, or a reproduction consisting of a printout or other output
readable by sight from such a medium, made as provided by law, has
the same force and effect as the original would have had and shall
be treated as an original for the purpose of admissibility in
evidence. A duly certified or authenticated copy of the
reproduction shall be admitted into evidence equally with the
original reproduction.
(6) Except for records described in subsection (3), this
section only applies to records filed with the court and maintained
by the court clerk or register.
Sec. 2529. (1) In the circuit court, the following fees shall
be paid to the clerk of the court:
(a) Before a civil action other than an action brought
exclusively under section 2950, 2950a, or 2950h to 2950m is
commenced, or before the filing of an application for
superintending
control or for an extraordinary writ, except the a
writ of habeas corpus, the party bringing the action or filing the
application
shall pay the sum of $150.00. The clerk at the end of
each month shall transmit for each fee collected under this
subdivision within the month $31.00 to the county treasurer and the
balance of the filing fee to the state treasurer for deposit in the
civil filing fee fund created in section 171.
(b) Before the filing of a claim of appeal or motion for leave
to appeal from the district court, probate court, a municipal
court,
or an administrative tribunal or agency, the sum of
appellant or moving party shall pay $150.00. For each fee collected
under this subdivision, the clerk shall transmit $31.00 to the
county treasurer and the balance of the fee to the state treasurer
for deposit in the civil filing fee fund created in section 171.
(c)
If At the time a trial by jury is demanded, the party
making
the demand at the time shall pay the sum of $85.00. Failure
to pay the fee at the time the demand is made constitutes a waiver
of
the right to a jury trial. The sum fee paid shall be taxed in
favor
of the party paying the fee, in case it if the party recovers
a judgment for costs. For each fee collected under this
subdivision, the clerk shall transmit $25.00 to the state treasurer
for deposit in the juror compensation reimbursement fund created in
section 151d.
(d) Before entry of a final judgment or order in an action in
which the custody, support, or parenting time of minor children is
determined or modified, the party submitting the judgment or order
shall
pay 1 of the following fees: , which shall be deposited by
the
county treasurer as provided in section 2530:
(i) In an action in which the custody or parenting time of
minor children is determined, $80.00.
(ii) In an action in which the support of minor children is
determined or modified, $40.00. This fee does not apply when a fee
is
paid under subparagraph (i). The
court may order a party to
reimburse
to the other party all or a portion of the fee paid by
that
other party.
(e) Except as otherwise provided in this section, upon the
filing
of a motion, the sum of moving party shall pay $20.00.
In
conjunction with an action brought under section 2950 or 2950a, a
motion fee shall not be collected for a motion to dismiss the
petition, a motion to modify, rescind, or terminate a personal
protection order, or a motion to show cause for a violation of a
personal protection order. A motion fee shall not be collected for
a motion to dismiss a proceeding to enforce a foreign protection
order or a motion to show cause for a violation of a foreign
protection order under sections 2950h to 2950m. A motion fee shall
not be collected for a request for a hearing to contest income
withholding under section 7 of the support and parenting time
enforcement act, 1982 PA 295, MCL 552.607. For each fee collected
under this subdivision, the clerk shall transmit $10.00 to the
state treasurer for deposit in the state court fund created by
section 151a.
(f) For services under the direction of the court that are not
specifically
provided for in this section relative to the receipt
related
to receiving, safekeeping, or expending
of money, or the
purchasing,
taking, or transferring of a security, or the
collecting
of interest on a security, the clerk shall receive a
party
shall pay the allowance and
compensation from the parties as
that
the court may consider determines to be just and shall direct
by
court order, as ordered by
the court after notice to the
parties.
to be charged.
(g) Upon appeal to the court of appeals or the supreme court,
the
sum of appellant shall pay
$25.00.
(h)
The sum of applicant or
requesting party shall pay $15.00
as a service fee for each writ of garnishment, attachment, or
execution ,
or and each judgment debtor discovery subpoena issued.
(2)
The sums fees paid as provided in this section shall be
held
to be are payment in full for all clerk, entry, and judgment
fees in an action from the commencement of the action to and
including the issuance and return of the execution or other final
process, and are taxable as costs.
(3) Except as otherwise provided in this section, the fees
paid
under this section shall be paid over
to the county treasurer
as required by law.
(4)
At the end of each month, the clerk shall transmit for
each
fee collected under subsection (1)(d) $10.00 to the state
treasurer
for deposit in the fund created by section 6a of the
office
of child support act, 1971 PA 174, MCL 400.236a. The balance
of
the fee collected under subsection
(1)(d)(i) shall be paid to the
county treasurer and deposited by the county treasurer as provided
under section 2530 to be used to fund services that are not title
IV-D
services. The balance of the fee collected under subsection
(1)(d)(ii) shall be paid to the county treasurer and deposited by
the county treasurer as provided under section 2530.
(5) The court shall order any of the fees prescribed in this
section waived or suspended, in whole or in part, upon a showing by
affidavit of indigency or inability to pay.
(6)
If the person filing an action under described in
subsection (1)(d) is a public officer acting in his or her official
capacity, if the final judgment or order is submitted with the
initial filing as a consent judgment or order, or other good cause
is shown, the court shall order the fee under subsection (1)(d)
waived or suspended. If a fee is waived or suspended and the action
is contested, the court may require that 1 or more of the parties
to the action pay the fee under subsection (1)(d).
(7) The court may order a party to pay the other party all or
part of a fee paid by the other party under subsection (1)(d).
Sec. 2538. (1) For services provided that are not reimbursable
under the provisions of part D of title IV of the social security
act,
chapter 531, 49 Stat. 620, 42 U.S.C. 42 USC 651 to 655, 656 to
660,
and 663 to 669b, every person
required to make payments of
support or maintenance to be collected by the friend of the court
or
the state disbursement unit shall pay a fee of $1.50 $3.50 per
month for every month or portion of a month that support or
maintenance is required to be paid. The fee shall be paid monthly,
quarterly, or semiannually as required by the friend of the court.
The friend of the court shall provide notice of the fee required by
this section to the person ordered to pay the support and that the
fee shall be paid monthly or as otherwise determined by the friend
of the court. The friend of the court or SDU shall transmit each
fee collected under this section as follows:
(a)
Twenty-five Two dollars
and twenty-five cents to the
appropriate county treasurer for deposit into the general fund of
the county to be used to fund the provision of services by the
friend of the court that are not reimbursable under part D of title
IV of the social security act, 42 USC 651 to 669b.
(b) For fees assessed on or after October 1, 2003, 25 cents to
the state treasurer for deposit in the fund created in subsection
(3)
(4).
(c) One dollar to the state treasurer for deposit in the state
court fund created in section 151a.
(2) A court may hold a person who fails or refuses to pay a
service fee ordered under subsection (1) in contempt.
(3) (2)
The department, the SDU, and each office of the friend
of
the court shall cooperate in the transition to The SDU is
responsible for the centralized receipt and disbursement of
support. and
fees. An office of the friend of
the court shall may
continue
to receive and disburse support and fees. through the
transition,
based on the schedule developed as required by section
6
of the office of child support act, 1971 PA 174, MCL 400.236, and
modifications
to that schedule as the department considers
necessary.
(4) (3)
An attorney general's operations
fund is created
within the state treasury. The state treasurer may receive money or
other assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments. Money in the fund at the close of the fiscal year
shall remain in the fund and shall not lapse to the general fund.
The department of attorney general shall expend money from the
fund, upon appropriation, for operational purposes.
(5) (4)
As used in this section,
"state disbursement unit" or
"SDU" means the entity established in section 6 of the office of
child support act, 1971 PA 174, MCL 400.236.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 105.
(b) Senate Bill No. 106.
(c) Senate Bill No. 107.
