REPEAL: PRISONER LITIGATION LIST

House Bill 5216 as introduced

Sponsor:  Rep. Klint Kesto

Committee:  Law and Justice

Complete to 11-27-17

SUMMARY:

House Bill 5216 would amend the Revised Judicature Act by repealing Section 5529.

Section 5529 currently requires the State Court Administrative Office (SCAO) to compile and maintain a list of civil actions brought by prisoners regarding prison conditions that were dismissed by the court as frivolous. The list is also required to include the unpaid fees and costs associated with each case. The list is to be made available to courts in this state for purposes of identifying repeat filers and collecting the unpaid fees and costs.

HB 5216 would repeal this section. The bill would take effect 90 days after its enactment.

MCL 600.5529

FISCAL IMPACT:

House Bill 5216 would have no fiscal impact on the state or on local units of government.  According to SCAO, since the statute was enacted in 1999, there have been a total of 23 civil actions dismissed, with a total of $3,950 in unpaid fees and costs.  Of the $3,950, $2,000 was from one action.  In the rare instances of a judge contacting SCAO to see if he or she had a repeat filer, there has never been a match.  There would be no cost savings as SCAO spends very little time or money on this.

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.