Bill Text: MI HB5744 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Children; foster care; filing fee requirement for actions involving the young adult foster care act; eliminate. Amends sec. 2529 of 1961 PA 236 (MCL 600.2529).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-31 - Assigned Pa 532'14 With Immediate Effect 2014 Addenda [HB5744 Detail]
Download: Michigan-2013-HB5744-Engrossed.html
HB-5744, As Passed House, October 1, 2014
HOUSE BILL No. 5744
September 9, 2014, Introduced by Rep. Kurtz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2529 (MCL 600.2529), as amended by 2009 PA 239.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 a writ
of habeas corpus, the party bringing the action or filing the
application shall pay $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 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) At the time a trial by jury is demanded, the party making
the demand shall pay $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 fee paid shall be taxed in favor of the party paying 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:
(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).
(e) Except as otherwise provided in this section, upon the
filing of a motion, the 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 related to receiving,
safekeeping, or expending money, purchasing, taking, or
transferring a security, or collecting interest on a security, a
party shall pay the allowance and compensation that the court
determines to be just as ordered by the court after notice to the
parties.
(g) Upon appeal to the court of appeals or the supreme court,
the appellant shall pay $25.00.
(h) The applicant or requesting party shall pay $15.00 as a
service fee for each writ of garnishment, attachment, or execution
and each judgment debtor discovery subpoena issued.
(2) The fees paid as provided in this section 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 to the county treasurer as
required by law.
(4) At the end of each month, each 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 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 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).
(8) A party is not required to pay a fee under this section if
the party is filing a child protective action or a delinquency
action under section 2 of chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.2, or under the young adult voluntary foster
care act, 2011 PA 225, MCL 400.641 to 400.671.
