SB 527

substitute for
Senate BILL NO. 527
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 151d and 321 (MCL 600.151d and
600.321), section 151d as amended by 2020 PA 378 and section 321 as amended by
2012 PA 617.
the peoplE of the state of michigan enact:
Sec. 151d. (1) The juror compensation
reimbursement fund is created in the state treasury. The money in the fund must
be used as provided in section 151e.
(2) The state
treasurer shall credit to the juror compensation reimbursement fund deposits of
proceeds from the collection of driver license clearance fees as provided in
section 321a(5) of the Michigan vehicle code, 1949 PA 300, MCL 257.321a, and
deposits of proceeds from the collection of jury demand fees as provided in
sections 2529(1)(c) and 8371(9), and shall credit all income from investment
credited to the fund by the state treasurer. The state treasurer may invest
money in the fund in any manner authorized by law for the investment of state
money. However, an investment must not interfere with any apportionment,
allocation, or payment of money as required by section 151e. The state
treasurer shall credit to the fund all income earned as a result of an investment
of money in the fund. Except as otherwise provided
in subsections (3), (4), (5), (6), and (7), this section, the unencumbered balance remaining in
the fund at the end of a fiscal year must remain in the fund and must not
revert to the general fund.
(3) For the state
fiscal year ending September 30, 2005 only, $4,000,000.00 of the unencumbered
balance remaining in the fund at the end of that fiscal year must be
transferred by the state treasurer to the general fund.
(4) For the state
fiscal year ending September 30, 2008 only, $2,250,000.00 of the unencumbered
balance remaining in the fund at the end of that fiscal year must be
transferred by the state treasurer to the general fund.
(5) For the state
fiscal year ending September 30, 2010 only, $1,352,100.00 of the unencumbered
balance remaining in the fund at the end of that fiscal year must be
transferred by the state treasurer to the court equity fund created in section
151b.
(6) For the state
fiscal year ending September 30, 2011 only, $2,607,500.00 of the unencumbered
balance remaining in the fund at the end of that fiscal year must be
transferred by the state treasurer to the court equity fund created in section
151b.
(7) For the state
fiscal year ending September 30, 2020 only, $2,500,000.00 of the unencumbered
balance remaining in the fund at the end of that fiscal year must be
transferred by the state treasurer to the general fund.
(8) For the state fiscal year ending September 30, 2027 only,
$1,000,000.00 of the unencumbered balance remaining in the fund at the end of
that fiscal year must be transferred by the state treasurer to the court equity
fund created in section 151b.
(9) For the state fiscal year ending September 30, 2028 only,
$1,000,000.00 of the unencumbered balance remaining in the fund at the end of
that fiscal year must be transferred by the state treasurer to the court equity
fund created in section 151b.
(10) For the state fiscal year ending September 30, 2029 only,
$1,000,000.00 of the unencumbered balance remaining in the fund at the end of
that fiscal year must be transferred by the state treasurer to the court equity
fund created in section 151b.
Sec. 321. (1) The following fees shall be paid to the
clerk of the court of appeals and may be taxed as costs if costs are allowed by
order of the court:
(a) For an appeal
as of right, for an application for leave to appeal, or for an original
proceeding, $375.00. This fee shall be paid only once for appeals that are
taken by multiple parties from the same lower court order or judgment and can
be consolidated.
(b) Upon the entry
of any motion except a motion described in subdivision (c) upon the motion
docket, $100.00.
(c) Upon the entry
of a motion for immediate consideration or a motion to expedite appeal upon the
motion docket, $200.00. This fee shall be paid only once regardless of the
number of lower court files involved in the appeal. A prosecuting attorney is
exempt from paying a fee under this subdivision with regard to an appeal
arising out of a criminal proceeding.
(2) The clerk of
the court of appeals shall charge 50 cents per page for certified copies of
entries or papers in any action or proceedings when required for any other
purpose than one connected with the progress or disposition of the action or
proceeding.
(3) The clerk shall
charge 50 cents per page for all uncertified copies of opinions, except those
sent to 1 counsel representing each party in the case, for which no charge
shall be made.
(4) If a person is
unable to pay the fees required by this section, the person, by motion,
accompanied by the person's affidavit stating facts showing that inability, may
ask the court to waive the fees and the court or a judge of the court may waive
payment of the fees.
(5) Each month the
clerk of the court of appeals shall deposit with the state treasurer all fees
collected and obtain and file a receipt for the fees deposited.
(6) Costs shall be
awarded in the discretion of the court.
(7) The fees
collected under this section shall be used to fund
a probation swift and sure sanctions program created under the probation swift
and sure sanctions act, chapter XIA of the code of criminal procedure, 1927 PA
175, MCL 771A.1 to 771A.8.support operational
expenses of the court of appeals.