2003-1 Reporting and Remitting Fees Changes to Court Transmittal Forms Revised Forms 295 and 57 (8/03)
February 14, 2003
TO: District and Municipal Courts Funding Unit Treasurers, Circuit Courts Funding Unit Treasurers, Michigan Municipal League, County Administrators, Controllers, Managers, County Clerks, and State Court Administrator Office
FROM: Suzanne K. Schafer, Administrator, Local Audit and Finance Division, Bureau of Local Government Services
RE:Revised Form 57 and Form 295
The legislature enacted a series of five bills signed into law on December 31, 2002 that increased compensation to jurors as of October 1, 2003. Public Act 605, 739, 740, 741, and 742 were tie barred together and became effective January 1, 2003. The legislation created the Juror Compensation Reimbursement Fund in the State Treasury to reimburse trial court funding units for the increase in juror compensation. Beginning January 1, 2003, the fund will receive revenue from certain increased fees on the court transmittal forms. These increased fees require changes to the court transmittal forms (both circuit and district court forms).
The above legislation enacted should be reviewed and may be obtained from the Michigan Compiled Laws web-site
(http://www.legislature.mi.gov).
- Under PA 605 of 2002, if a trial by jury is demanded in circuit court, the party making the demand will pay a sum of $85 (which is an increase from the prior $60 fee). The increased amount of $25 is deposited in the Juror Compensation Reimbursement Fund, created under PA 740 of 2002. The $25 dollar increase collected as part of the civil jury demand fee.
- Under PA 739 of 2002, beginning October 1, 2003, a juror must be compensated at a rate not less than $25 per day and $12.50 per half day (for the first day or half day) of actual attendance. Each subsequent day or half day of actual attendance is compensated at $40 per day and $ 20 per half day. Also beginning October 1, 2003, the qualification for jury service has been amended to disqualify individuals convicted of a felony.
- PA 740 of 2002 created the Juror Compensation Reimbursement Fund within the Department of Treasury.
- PA 741 of 2002 amended the Michigan Vehicle Code (MCL 257.321a) by increasing the driver license clearance fee from $25 to $45. The increase is retroactive to all unpaid clearances and all new suspensions as of the effective date. Of the $45 fee, $15 is distributed to the Secretary of State (unchanged), $15 is distributed to the local funding unit (increase of $5), and $15 is distributed to the Juror Compensation Reimbursement Fund.
If the matter is before the district/municipal court, $15 goes to the local unit treasurer for deposit into the general fund. The portion collected ($15) for the Secretary of State (to defray the expense for processing suspensions and reinstatements of the driver licenses) is accumulated monthly and deposited in the local funding unit's Agency Fund account number 228.30. The Secretary of State will bill the local unit for the amount due. The balance of the amount ($15) collected is accumulated monthly and deposited in the local funding unit's Agency Fund using account number 228.57 for the Juror Compensation Reimbursement Fund. This amount is transmitted to Treasury for the Juror Compensation Reimbursement Fund.
- PA 742 directs the use of the revenue from the Juror Compensation Reimbursement Fund to be used for the increase in juror compensation. Beginning October 1, 2003, each court funding unit is required to submit a report semiannually to the State Court Administrator providing the expense incurred during each six month period in the fiscal year by that funding unit, due to the increase in minimum juror compensation.
Court Forms 295 and 57
The court forms (both circuit and district courts) were modified for fees collected after October 1, 2003 due to legislative changes. (Note: Numbered Letter 2003-5) However, this numbered letter still applies for deposits into the Juror Compensation Reimbursement Fund.
If you have any questions, please call Ernest Hodgers at (517) 373-3227 or write our office at:
Local Audit and Finance Division
P.O. Box 30728
Lansing, Michigan 48909-8228