February 3, 2000, Introduced by Reps. Mortimer, Pappageorge, Byl, Kukuk, Jellema, Jelinek, Geiger, Mead, Pumford, Caul, LaSata, Cameron Brown, Scranton, Jansen, Godchaux and Stamas and referred to the Committee on Appropriations.
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2001; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 101. Subject to the conditions set forth in this bill, the amounts listed in this part are appropriated for the judicial branch for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:
JUDICIARY
APPROPRIATION SUMMARY:
Full-time equated exempted positions 586.0
GROSS APPROPRIATION $ 235,414,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers 3,608,500
ADJUSTED GROSS APPROPRIATION $ 231,805,600
Federal revenues:
Total federal revenues 3,103,300
Special revenue funds:
Total local revenues 2,822,500
Total private revenues 1,322,400
Total other state restricted revenues 56,002,300
State general fund/general purpose $ 168,555,100
Sec. 102. SUPREME COURT
Full-time equated exempted positions 286.0
Supreme court administration--118.0 FTE
positions $ 14,752,600
Judicial institute--18.0 FTE positions 2,853,600
State court administrative office--80.0 FTE
positions 8,916,400
Judicial information systems--21.0 FTE
positions 5,601,700
Direct trial court automation support--33.0 FTE
positions 2,822,500
Foster care review board--12.0 FTE positions 1,244,500
Community dispute resolution--4.0 FTE
positions 2,561,800
Drug court program 1,000,000
GROSS APPROPRIATION $ 39,753,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCD 80,000
IDG from MDSP-criminal justice
improvement 2,805,000
IDG from MDSP-Michigan justice training fund 300,000
Federal revenues:
DAG, agriculture mediation grant 200,900
DOE, special education grant 130,000
DOJ, drug training conference 75,000
DOT, national highway safety traffic
administration 215,300
HHS, access and visitation grant 387,000
HHS, court improvement project 629,800
HHS, title IV-D child support program 419,100
HHS, title IV-E foster care program 276,700
HHS, TANF 500,000
HHS, domestic violence prevention 269,500
Special revenue funds:
Local-user fees 2,822,500
Private revenues 169,000
Private-interest on lawyers trust accounts 712,600
Private-Michigan justice institute 370,800
Community dispute resolution fees 1,654,700
Law exam fees 477,200
Miscellaneous revenue 227,900
State court fund 319,000
State general fund/general purpose $ 26,711,100
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions 235.5
Court of appeals operations--235.5 FTE
positions $ 21,015,600
GROSS APPROPRIATION $ 21,015,600
Appropriated from:
Special revenue funds:
Court filing/motion fees 1,571,000
Miscellaneous revenue 77,800
State general fund/general purpose $ 19,366,800
Sec. 104. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions 610.0
Supreme court justices' salaries--7.0 judges $ 1,007,900
Court of appeals judges' salaries--28.0 judges 3,709,100
District court judges' state base salaries--259.0
judges 19,482,800
District court judicial salary standardization 11,842,500
Probate court judges' state base salaries--106.0
judges 7,395,400
Probate court judicial salary standardization 4,332,800
Circuit court judges' state base salaries--210.0
judges 16,473,100
Circuit court judicial salary standardization 9,228,000
Judges' retirement system defined
contributions 2,585,700
OASI, social security 4,134,700
GROSS APPROPRIATION $ 80,192,000
Appropriated from:
Special revenue funds:
Court fee fund 5,630,600
State general fund/general purpose $ 74,561,400
Sec. 105. JUDICIAL AGENCIES
Full-time equated exempted positions 10.0
Judicial tenure commission--10.0 FTE positions $ 994,300
GROSS APPROPRIATION $ 994,300
Appropriated from:
State general fund/general purpose $ 994,300
Sec. 106. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions 54.5
Appellate public defender program--46.5 FTE
positions $ 4,803,500 Appellate assigned counsel administration--8.0 FTE
positions 928,200
GROSS APPROPRIATION $ 5,731,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDSP-Michigan justice training fund 423,500
Special revenue funds:
Private-interest on lawyers trust accounts 70,000
Miscellaneous revenue 113,100
State general fund/general purpose $ 5,125,100
Sec. 107. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance $ 7,337,000
GROSS APPROPRIATION $ 7,337,000
Appropriated from:
Special revenue funds:
State court fund 7,337,000
State general fund/general purpose $ 0
Sec. 108. TRIAL COURT OPERATIONS
Court equity fund reimbursements $ 73,840,400
Hold harmless fund reimbursements 4,000,000
GROSS APPROPRIATION $ 77,840,400
Appropriated from:
Special revenue funds:
Court equity fund 36,044,000
State general fund/general purpose $ 41,796,400
Sec. 109. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving caseflow program $ 2,300,000
Drug caseflow program 250,000
GROSS APPROPRIATION $ 2,550,000
Appropriated from:
Special revenue funds:
Drug fund 2,300,000
Drunk driving fund 250,000
State general fund/general purpose $ 0
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1 for fiscal year 2000-2001 is $224,557,400.00 and state appropriations to be paid to local units of government are as follows:
JUDICIARY
SUPREME COURT
State court administrative office $ 511,900
TRIAL COURT OPERATIONS
Court equity fund reimbursements 73,840,400
Hold harmless fund reimbursements 4,000,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary
standardization 11,842,500
Probate court judges' state base salaries 7,395,400
Probate court judicial salary
standardization 4,332,800
Circuit court judicial salary
standardization 9,228,000
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving caseflow program 2,300,000
Drug caseflow program 250,000
TOTAL $ 113,701,000
(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended for any quarter under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
Sec. 202. (1) The expenditures and funding sources authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court.
Sec. 203. As used in this bill:
(a) "DAG" means the United States department of agriculture.
(b) "DOE" means the United States department of education.
(c) "DOJ" means the United States department of
justice.
(d) "DOT" means the United States department of transportation.
(e) "FTE" means full-time equated.
(f) "HHS" means the United States department of health and human services.
(g) "IDG" means interdepartmental grant.
(h) "MDCD" means the Michigan department of career development.
(i) "MDSP" means the Michigan department of state police.
(j) "MFIA" means the Michigan family independence agency.
(k) "OASI" means old age survivor's insurance.
(l) "TANF" means temporary assistance for needy families.
Sec. 204. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for federal contingency funds.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for state restricted contingency funds.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds.
(5) A transfer of contingency funds within the judicial branch shall not be made by the authorized agent of the judicial entity unless approved by both appropriations committees. If the state budget director does not approve contingency fund transfers adopted by both appropriations committees under this section, the state budget director shall notify the appropriations committees of his or her action within 15 days.
Sec. 205. Sixty days before beginning any effort to privatize, the judicial branch shall submit a complete project plan to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate subcommittees of the senate and house of representatives standing subcommittee on appropriations and the senate and house fiscal agencies within 30 months.
Sec. 206. The judicial branch shall continue to pilot the use of the Internet to fulfill the reporting requirement in this bill. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or on the Intranet. The appropriations subcommittee shall be notified in writing of the Internet/Intranet site of any such report.
JUDICIAL BRANCH
Sec. 301. (1) The direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service. A report of amounts collected in excess of funds identified as user service charges in part 1 shall be submitted to the state budget director and to the house and senate appropriations subcommittees on judiciary 30 days before expenditure by the direct trial court automation support program.
(2) From funds appropriated in part 1, the direct trial court automation support program of the state court administrative office shall provide to the state budget director, the senate and house appropriations committees, and the senate and house fiscal agencies before January 1 of each year, a detailed list of user service charges collected during the immediately preceding state fiscal year.
Sec. 302. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court.
Sec. 303. Of the amount appropriated in part 1 for the judicial branch, $325,000.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and $186,900.00 is allocated for court of claims reimbursement under section 6413 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6413.
Sec. 304. The judicial branch shall cooperate with the auditor general regarding audits of the judicial branch conducted pursuant to section 53 of article IV of the state constitution of 1963.
Sec. 305. To avoid the overexpenditure of funds appropriated under this bill, the supreme court shall report quarterly to the state budget director and to the judiciary subcommittees of the house and senate appropriations committees regarding the status of the accounts set forth in part 1.
Sec. 306. Funds appropriated in part 1 shall not be used to pay directly or by reimbursement the annual dues for membership in the state bar of Michigan of a judge, justice, or other employee of the judicial branch.
Sec. 307. (1) The chief financial officer of a funding unit for a court, in cooperation with the local court, shall provide to the state treasurer and state court administrative office by January 1, 2001 audited accounts of all money due and owing the court as of September 30, 2000. Where audited accounts are not available, the chief financial officer of a funding unit for a court may provide estimates as long as they are clearly marked as "estimated".
(2) The state treasurer shall report to the legislature a compilation of the estimated accounts receivable of all courts and cumulative totals by March 1, 2001. This report is a public record.
Sec. 308. If sufficient funds are not available from the court fee fund to pay judges' compensation, the difference between the appropriated amount from that fund for judges' compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges' compensation.
Sec. 309. State general fund appropriation for community dispute resolution contained in part 1 shall be used to supplement funding for community dispute resolution centers. The supplemental funding shall be disbursed by formula to achieve a base level of funding for centers funded through the community dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, with the remainder disbursed based upon performance measures as determined by the state court administrative office.
Sec. 310. (1) The funds appropriated in part 1 for drug courts shall be administered by the state court administrative office to implement new drug court programs or for existing drug court programs if federal funds are no longer available. A drug court shall be responsible for handling cases involving substance abusing offenders through comprehensive supervision, testing, treatment services, and immediate sanctions and incentives. A drug court shall use all available county and state personnel involved in the disposition of cases including, but not limited to, parole and probation agents, prosecuting attorney, defense attorney, and community corrections providers.
(2) The funds may be used in connection with federal funds and local units of government are encouraged to match state funding.
(3) Local units of government are encouraged to refer to federal drug court guidelines to prepare proposals. However, federal agency approvals not required for funding under this section.