SB-1618, As Passed Senate, December 19, 2008

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 1618

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 181 (MCL 600.181), as added by 2003 PA 97.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 181. (1) The justice system fund is created in the state

 

treasury. The money in the fund shall be used as provided in this

 

section.

 

     (2) The state treasurer shall credit to the justice system

 

fund deposits of proceeds from the collection of revenue from court

 

assessments and costs designated by law for deposit in the fund and

 

shall credit all income from investment credited to the fund by the

 

state treasurer. The state treasurer may invest money in the fund

 

in any manner authorized by law for the investment of state money.

 

However, an investment shall not interfere with any apportionment,

 


allocation, or payment of money as required by this section. The

 

unencumbered balance remaining in the fund at the end of a fiscal

 

year shall remain in the fund and shall not revert to the general

 

fund.

 

     (3) In the state fiscal year beginning October 1, 2003, the

 

state treasurer shall distribute the proceeds of the fund monthly

 

as follows:

 

     (a) To the secondary road patrol and training fund created in

 

section 629e of the Michigan vehicle code, 1949 PA 300, MCL

 

257.629e, an amount equal to $10.00 multiplied by the number of

 

civil infraction actions on which assessments are collected each

 

month under section 629e or 907 of the Michigan vehicle code, 1949

 

PA 300, MCL 257.629e and 257.907.

 

     (b) The balance of the fund remaining after the allocation in

 

subdivision (a) shall be distributed as follows:

 

     (i) To the highway safety fund created in section 629e of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.629e, 24.7% of the fund

 

balance.

 

     (ii) To the jail reimbursement program fund created in section

 

629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, 13%

 

of the fund balance.

 

     (iii) To the Michigan justice training fund created in section 5

 

of 1982 PA 302, MCL 18.425, 13% of the fund balance.

 

     (iv) To the secretary of the legislative retirement system for

 

deposit with the state treasurer in the retirement fund created in

 

the Michigan legislative retirement system act, 1957 PA 261, MCL

 

38.1001 to 38.1080, 1.2% of the fund balance.

 


     (v) To the drug treatment courts fund created in section 185,

 

2.35% of the fund balance.

 

     (vi) To the state forensic lab fund created in section 3 of the

 

forensic laboratory funding act, 1994 PA 35, MCL 12.203, 3.9% of

 

the fund balance.

 

     (vii) To the state court fund created in section 151a, 14.3% of

 

the fund balance.

 

     (viii) To the court equity fund created in section 151b, 25.55%

 

of the fund balance.

 

     (ix) To the state treasurer for monitoring of collection and

 

distribution of fund receipts, 1% of the fund balance.

 

     (x) To the state court administrative office for management

 

assistance and audit of trial court collections, 1% of the fund

 

balance.

 

     (3) (4) In the state fiscal year beginning October 1, 2004 and

 

each Each fiscal year, following, the state treasurer shall

 

distribute the proceeds of the fund monthly as follows:

 

     (a) To the secondary road patrol and training fund created in

 

section 629e of the Michigan vehicle code, 1949 PA 300, MCL

 

257.629e, an amount equal to $10.00 multiplied by the number of

 

civil infraction actions on which assessments are collected each

 

month under section 629e or 907 of the Michigan vehicle code, 1949

 

PA 300, MCL 257.629e and 257.907.

 

     (b) The balance of the fund remaining after the allocation in

 

subdivision (a) shall be distributed as follows:

 

     (i) To the highway safety fund created in section 629e of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.629e, 24.8% 23.66% of

 


the fund balance.

 

     (ii) To the jail reimbursement program fund created in section

 

629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, 12.4%

 

11.84% of the fund balance.

 

     (iii) To the Michigan justice training fund created in section 5

 

of 1982 PA 302, MCL 18.425, 12.4% 11.84% of the fund balance.

 

     (iv) To the secretary of the legislative retirement system for

 

deposit with the state treasurer in the retirement fund created in

 

the Michigan legislative retirement system act, 1957 PA 261, MCL

 

38.1001 to 38.1080, 1.15% 1.10% of the fund balance.

 

     (v) To the drug treatment courts fund created in section 185,

 

2.85% 2.73% of the fund balance.

 

     (vi) To the state forensic lab fund created in section 3 of the

 

forensic laboratory funding act, 1994 PA 35, MCL 12.203, 5.6% 5.35%

 

of the fund balance.

 

     (vii) To the state court fund created in section 151a, 13.3%

 

12.69% of the fund balance.

 

     (viii) To the court equity fund created in section 151b, 25.5%

 

24.33% of the fund balance.

 

     (ix) To the state treasurer for monitoring of collection and

 

distribution of fund receipts, 1% 0.98% of the fund balance.

 

     (x) To the state court administrative office for management

 

assistance and audit of trial court collections, 1% 0.98% of the

 

fund balance.

 

     (xi) To the sexual assault victims' medical forensic

 

intervention and treatment fund, 2.65% of the fund balance.

 

     (xii) To the children's advocacy center fund created in section

 


3 of the children's advocacy center act, 1.85% of the fund balance.

 

     Enacting section 1. This amendatory act takes effect April 1,

 

2009.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 1616.

 

     (b) Senate Bill No. 1617.

 

     (c) House Bill No. 5054.

 

     (d) House Bill No. 5055.