February 26, 2004, Introduced by Rep. Hunter and referred to the Committee on Appropriations.
EXECUTIVE BUDGET BILL
A bill to make appropriations for the judicial branch for the fiscal
year ending September 30, 2005; 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:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
1 Sec. 101. Subject to the conditions set forth in this bill, the
2 amounts listed in this part are appropriated for the judicial branch
3 for the fiscal year ending September 30, 2005, from the funds indicated
4 in this part. The following is a summary of the appropriations in this
5 part:
6 JUDICIARY
7 APPROPRIATIONS SUMMARY:
8 Full-time equated exempted positions 582.5
9 GROSS APPROPRIATION $ 253,016,600
10 Interdepartmental grant revenues:
11 Total interdepartmental grants and intradepartmental
12 transfers 4,633,500
13 ADJUSTED GROSS APPROPRIATION $ 248,383,100
14 Federal revenues:
15 Total federal revenues 3,815,600
16 Special revenue funds:
17 Total local revenues 3,298,100
18 Total private revenues 842,500
19 Total other state restricted revenues 82,333,600
20 State general fund/general purpose $ 158,093,300
21 Sec. 102. SUPREME COURT
22 Full-time equated exempted positions 285.0
23 Supreme court administration--117.0 FTE positions $ 10,704,000
24 Judicial institute--19.0 FTE positions 2,661,300
25 State court administrative office--79.0 FTE positions 9,949,100
26 Judicial information systems--21.0 FTE positions 4,608,500
27 Direct trial court automation support--33.0 FTE
1 positions 3,298,100
2 Foster care review board--12.0 FTE positions 1,207,500
3 Community dispute resolution--4.0 FTE positions 2,248,400
4 Other federal grants 275,000
5 Drug treatment courts 4,635,000
6 GROSS APPROPRIATION $ 39,586,900
7 Appropriated from:
8 Interdepartmental grant revenues:
9 IDG from department of community health 1,800,000
10 IDG from department of career development 95,000
11 IDG from state police - criminal justice improvement 2,015,000
12 IDG from state police - Michigan justice training fund 300,000
13 Federal revenues:
14 DOJ, enforcing underage drinking law 50,000
15 DOJ, victims assistance programs 50,000
16 DOJ, drug court training and evaluation 300,000
17 DOT, national highway safety traffic administration 215,300
18 HHS, access and visitation grant 387,000
19 HHS, court improvement project 1,160,000
20 HHS, domestic violence prevention 175,000
21 HHS, TANF 50,000
22 HHS, title IV-D child support program 907,700
23 HHS, title IV-E foster care program 520,600
24 Special revenue funds:
25 Local - user fees 3,298,100
26 Private 169,000
27 Private - interest on lawyers trust accounts 232,700
1 Private - state justice institute 370,800
2 Community dispute resolution fees 2,248,400
3 Law exam fees 482,100
4 Drug court fund 1,688,300
5 Miscellaneous revenue 227,900
6 Justice system fund 600,000
7 State court fund 319,000
8 State general fund/general purpose $ 21,925,000
9 Sec. 103. COURT OF APPEALS
10 Full-time equated exempted positions 228.5
11 Court of appeals operations--228.5 FTE positions $ 17,911,800
12 GROSS APPROPRIATION $ 17,911,800
13 Appropriated from:
14 Special revenue funds:
15 Court filing/motion fees 1,746,000
16 Miscellaneous revenue 77,800
17 State general fund/general purpose $ 16,088,000
18 Sec. 104. BRANCHWIDE APPROPRIATIONS
19 Full-time equated exempted positions 4.0
20 Branchwide appropriations--4.0 FTE positions $ 7,077,900
21 GROSS APPROPRIATION $ 7,077,900
22 Appropriated from:
23 Special revenue funds:
24 State general fund/general purpose $ 7,077,900
25 Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
26 Full-time judges positions 615.0
27 Supreme court justices' salaries--7.0 justices $ 1,152,300
1 Court of appeals judges' salaries--28.0 judges 4,240,300
2 District court judges' state base salaries--259.0 judges 23,877,200
3 District court judicial salary standardization 11,796,800
4 Probate court judges' state base salaries--104.0 judges 9,030,800
5 Probate court judicial salary standardization 4,344,200
6 Circuit court judges' state base salaries--217.0 judges 20,416,900
7 Circuit court judicial salary standardization 9,910,700
8 Judges' retirement system defined contributions 2,704,100
9 OASI, social security 4,689,700
10 GROSS APPROPRIATION $ 92,163,000
11 Appropriated from:
12 Special revenue funds:
13 Court fee fund 7,090,200
14 State general fund/general purpose $ 85,072,800
15 Sec. 106. JUDICIAL AGENCIES
16 Full-time equated exempted positions 10.0
17 Judicial tenure commission--10.0 FTE positions $ 989,000
18 GROSS APPROPRIATION $ 989,000
19 Appropriated from:
20 Special revenue funds:
21 State general fund/general purpose $ 989,000
22 Sec. 107. INDIGENT DEFENSE - CRIMINAL
23 Full-time equated exempted positions 55.0
24 Appellate public defender program--47.0 FTE positions $ 4,586,500
25 Appellate assigned counsel administration--8.0 FTE
26 positions 843,500
27 GROSS APPROPRIATION $ 5,430,000
1 Appropriated from:
2 Interdepartmental grant revenues:
3 IDG from state police - Michigan justice training fund 423,500
4 Special revenue funds:
5 Private - interest on lawyers trust accounts 70,000
6 Miscellaneous revenue 113,100
7 State general fund/general purpose $ 4,823,400
8 Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
9 Indigent civil legal assistance $ 7,337,000
10 GROSS APPROPRIATION $ 7,337,000
11 Appropriated from:
12 Special revenue funds:
13 State court fund 7,337,000
14 State general fund/general purpose $ 0
15 Sec. 109. TRIAL COURT OPERATIONS
16 Court equity fund reimbursements $ 68,906,000
17 Judicial technology improvement fund 4,465,000
18 GROSS APPROPRIATION $ 73,371,000
19 Appropriated from:
20 Special revenue funds:
21 Court equity fund 46,788,800
22 Judicial technology improvement fund 4,465,000
23 State general fund/general purpose $ 22,117,200
24 Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
25 Drug case-flow program $ 250,000
26 Drunk driving case-flow program 2,300,000
27 Juror compensation reimbursement 6,600,000
1 GROSS APPROPRIATION $ 9,150,000
2 Appropriated from:
3 Special revenue funds:
4 Drug fund 250,000
5 Drunk driving fund 2,300,000
6 Juror compensation fund 6,600,000
7 State general fund/general purpose $ 0
8 PART 2
9 PROVISIONS CONCERNING APPROPRIATIONS
10 GENERAL SECTIONS
11 Sec. 201. Pursuant to section 30 of article IX of the state
12 constitution of 1963, total state spending from state resources under
13 part 1 for fiscal year 2004-2005 is $240,426,900.00 and state spending
14 from state resources to be paid to local units of government for fiscal
15 year 2004-2005 is estimated at $123,214,300.00. The itemized statement
16 below identifies appropriations from which spending to units of local
17 government will occur:
18 JUDICIARY
19 SUPREME COURT
20 State court administrative office $ 511,900
21 Drug treatment courts 4,335,000
22 TRIAL COURT OPERATIONS
23 Court equity fund reimbursements $ 68,906,000
24 Judicial technology improvement fund 4,465,000
25 JUSTICES' AND JUDGES' COMPENSATION
26 District court judicial salary standardization $ 11,796,800
27 Probate court judges' state base salaries 9,030,800
1 Probate court judicial salary standardization 4,344,200
2 Circuit court judicial salary standardization 9,910,700
3 Grant to OASI contribution fund, employers share,
4 social security 763,900
5 GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
6 Drunk driving case-flow program $ 2,300,000
7 Drug case-flow program 250,000
8 Juror compensation reimbursement 6,600,000
9 TOTAL $ 123,214,300
10 Sec. 202. (1) The appropriations authorized under this bill are
11 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
12 18.1594.
13 (2) Funds appropriated in part 1 to an entity within the
14 judicial branch shall not be expended or transferred to another account
15 without written approval of the authorized agent of the judicial
16 entity. If the authorized agent of the judicial entity notifies the
17 state budget director of its approval of an expenditure or transfer,
18 the state budget director shall immediately make the expenditure or
19 transfer. The authorized judicial entity agent shall be designated by
20 the chief justice of the supreme court.
21 Sec. 203. As used in this bill:
22 (a) "DOJ" means the United States department of justice.
23 (b) "DOT" means the United States department of transportation.
24 (c) "FTE" means full-time equated.
25 (d) "HHS" means the United States department of health and human
26 services.
27 (e) "IDG" means interdepartmental grant.
1 (f) "OASI" means old age survivor's insurance.
2 (g) "TANF" means temporary assistance for needy families.
3 Sec. 208. Unless otherwise specified, the judicial branch shall use
4 the Internet to fulfill the reporting requirements of this bill. This
5 requirement may include transmission of reports via electronic mail to
6 the recipients identified for each reporting requirement, or it may
7 include placement of reports on an Internet or Intranet site.
8 Sec. 213. (1) In addition to the funds appropriated in part 1,
9 there is appropriated an amount not to exceed $500,000.00 for federal
10 contingency funds. These funds are not available for expenditure until
11 they have been transferred to another line item in this bill under
12 section 393(2) of the management and budget act, 1984 PA 431, MCL
13 18.1393.
14 (2) In addition to the funds appropriated in part 1, there is
15 appropriated an amount not to exceed $500,000.00 for state restricted
16 contingency funds. These funds are not available for expenditure until
17 they have been transferred to another line item in this bill under
18 section 393(2) of the management and budget act, 1984 PA 431, MCL
19 18.1393.
20 (3) In addition to the funds appropriated in part 1, there is
21 appropriated an amount not to exceed $100,000.00 for local contingency
22 funds. These funds are not available for expenditure until they have
23 been transferred to another line item in this bill under section 393(2)
24 of the management and budget act, 1984 PA 431, MCL 18.1393.
25 (4) In addition to the funds appropriated in part 1, there is
26 appropriated an amount not to exceed $100,000.00 for private
27 contingency funds. These funds are not available for expenditure until
1 they have been transferred to another line item in this bill under
2 section 393(2) of the management and budget act, 1984 PA 431, MCL
3 18.1393.
4 Sec. 214. Funds appropriated in part 1 shall not be used for the
5 purchase of foreign goods or services, or both, if competitively priced
6 and comparable quality American goods or services, or both, are
7 available. Preference should be given to goods and services or both,
8 manufactured or provided by Michigan businesses if they are
9 competitively priced and of comparable value.
10 JUDICIAL BRANCH
11 Sec. 301. (1) The direct trial court automation support program of
12 the state court administrative office shall recover direct and overhead
13 costs from trial courts by charging for services rendered. The fee
14 shall cover the actual costs incurred to the direct trial court
15 automation support program in providing the service. A report of
16 amounts collected in excess of funds identified as user service charges
17 in part 1 shall be submitted to the state budget director and to the
18 house and senate appropriations subcommittees on judiciary 30 days
19 before expenditure by the direct trial court automation support
20 program.
21 (2) From funds appropriated in part 1, the direct trial court
22 automation support program of the state court administrative office
23 shall provide to the state budget director, the senate and house
24 appropriations committees, and the senate and house fiscal agencies
25 before January 1 of each year, a detailed list of user service charges
26 collected during the immediately preceding state fiscal year.
27 Sec. 302. Funds appropriated within the judicial branch shall not
1 be expended by any component within the judicial branch without the
2 approval of the supreme court.
3 Sec. 303. Of the amount appropriated in part 1 for the judicial
4 branch, $325,000.00 is allocated for circuit court reimbursement under
5 section 3 of 1978 PA 16, MCL 800.453, and $186,900.00 is allocated for
6 court of claims reimbursement under section 6413 of the revised
7 judicature act of 1961, 1961 PA 236, MCL 600.6413.
8 Sec. 304. From the funds appropriated in part 1 for the judicial
9 technology improvement fund, $1,000,000.00 shall be distributed to
10 counties to provide funds for court technology needs. These funds
11 shall be distributed by March 31, 2005, and the amount to be received
12 by a county shall be equal to $1,000,000.00 multiplied by the
13 percentage that county receives of distributions from the court equity
14 fund for fiscal year 2005, in accordance with MCL 600.151b.
15 Sec. 306. The supreme court and the state administrative office
16 shall continue to maintain, as a priority, the assisting of local trial
17 courts in improving the collection of judgments.
18 Sec. 307. From the funds appropriated in part 1 for court of
19 appeals operations, the judiciary shall use the following revenue
20 amounts for the purpose of delay reduction:
21 (a) $225,000.00 of additional filing fee revenue raised from the
22 increase from $250.00 to $375.00 in court of appeals filing fees under
23 section 321(1)(a) of the revised judicature act of 1961, 1961 PA 236,
24 MCL 600.321.
25 (b) $87,500.00 of additional fee revenue raised from the
26 increase in court of appeals motion fees from $75.00 to $100.00 and
27 from the increase from $150.00 to $200.00 in fees for motions for
1 immediate consideration or expedited appeal, under section 321(1)(b)
2 and (c) of the revised judicature act of 1961, 1961 PA 236, MCL
3 600.321.
4 Sec. 308. If sufficient funds are not available from the court fee
5 fund to pay judges' compensation, the difference between the
6 appropriated amount from that fund for judges' compensation and the
7 actual amount available after the amount appropriated for trial court
8 reimbursement is made shall be appropriated from the state general fund
9 for judges' compensation.
10 Sec. 310. From the funds appropriated in part 1 for drug treatment
11 court programs, at the discretion of the supreme court, the state court
12 administrative office shall contract with 1 or more independent third
13 parties for evaluation and monitoring of drug court programs funded by
14 the judiciary. The evaluation shall include measures of the impact of
15 drug court programs in changing offender criminal involvement
16 (recidivism) and substance abuse and in reducing prison admissions.
17 The evaluation of a program funded with federal Byrne funds shall be
18 consistent with any requirements contained in the federal Byrne grant
19 for that program. Evaluations required by this section shall to the
20 extent feasible compare offenders treated under the programs with other
21 offenders of similar characteristics. Not later than June 1, 2005, the
22 state court administrative office shall provide a progress report
23 regarding the status and findings of the evaluation to the senate and
24 house appropriations subcommittees on the judiciary, the senate and
25 house fiscal agencies, and the state budget director.
26 Sec. 311. (1) The funds appropriated in part 1 for drug treatment
27 courts shall be administered by the state court administrative office
1 to operate drug treatment court programs. A drug treatment court
2 program shall not receive funds for more than 5 years. A drug
3 treatment court shall be responsible for handling cases involving
4 substance abusing nonviolent offenders through comprehensive
5 supervision, testing, treatment services, and immediate sanctions and
6 incentives. A drug treatment court shall use all available county and
7 state personnel involved in the disposition of cases including, but not
8 limited to, parole and probation agents, prosecuting attorney, defense
9 attorney, and community corrections providers. The funds may be used
10 in connection with other federal, state, and local funding sources.
11 (2) Local units of government are encouraged to refer to federal
12 drug treatment court guidelines to prepare proposals. However, federal
13 agency approvals are not required for funding under this section.
14 (3) From the funds appropriated in part 1, the chief justice
15 shall allocate sufficient funds for the judicial institute to provide
16 in-state training for those identified in subsection (1), including
17 training for new drug treatment court judges.
18 (4) For drug treatment court grants, consideration for priority
19 may be given to those courts where higher instances of substance abuse
20 cases are filed.
21 (5) The judiciary shall receive $1,800,000.00 in Byrne formula
22 grant funding as an interdepartmental grant from the department of
23 community health to be used for expansion of drug treatment courts, to
24 assist in avoiding prison bed space growth for nonviolent offenders in
25 collaboration with the department of corrections.
26 Sec. 312. From the funds appropriated in part 1, the state court
27 administrator shall produce a statistical report regarding the
1 implementation of the parental rights restoration act, 1990 PA 211, MCL
2 722.901 to 722.908, as it pertains to minors seeking a court-issued
3 waiver of parental consent. The state court administrative office
4 shall report the total number of petitions filed and the total number
5 of petitions granted in accordance with section 208.