SERVICE OF PROCESS FEES                                                                           S.B. 226:

                                                                                  SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 226 (as introduced 3-9-17)

Sponsor:  Senator Rick Jones

Committee:  Judiciary

 

Date Completed:  1-29-18

 


CONTENT

 

The bill would amend the Revised Judicature Act to do the following:

 

 --    Increase fees for a verification by a process server and for a postal change of address verification from $10 to $11.

 --    Establish $11 fees for a global positioning service verification and for a photo verification requested by a plaintiff.

 --    Increase the fee for process that has an incorrect address from $10 to $15.

 --    Amend the schedule of process service fees to reflect the current amounts.

 

The bill is tie-barred to Senate Bills 224 and 225. (Senate Bill 224 would amend the Act to increase the amount of various fees that a sheriff is entitled to collect. Senate Bill 225 would revise a Michigan Compiled Laws citation in the Act to reflect the change made by Senate Bill 224.) Senate Bill 226 would take effect 90 days after its enactment.

 

Section 2559 of the Act establishes a schedule of fees allowed for process or papers served out of a court in Michigan by a person authorized to serve process under the Act or by Supreme Court rule. The bill would increase the fees for a verification by a process server and for a postal change of address verification from $10 to $11. In addition, the bill would include the following in the fee schedule:

 

 --    $11, for each global positioning service verification requested by a plaintiff.

 --    $11, for each photo verification requested by a plaintiff.

 

The Act also allows a process server to receive an additional $10 fee plus mileage for a process that has an incorrect address. The bill would increase the fee to $15.

 

(The bill also would increase by $3 various other fees authorized under Section 2559, but those changes would reflect the amounts of the current fees. The fees were last increased by Public 558 of 2012, which provided for the listed fees to be increased by $1 on October 1 in 2013, 2014, and 2015.)

 

MCL 600.2559                                                                  Legislative Analyst:  Jeff Mann

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State government but could provide additional revenue for local sheriffs' departments by increasing fees, and adding others, for various services provided, to help offset costs.


According to the Oakland County Sheriff's Department, the new fees for global positioning service verification and photo verification would help pay for services that the department felt obligated to provide at no additional fee, despite its responsibility to pay a licensing fee for the software to provide those services.

 

                                                                                       Fiscal Analyst:  Bruce Baker

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.