SENATE BILL NO. 368 EXECUTIVE BUDGET BILL February 23, 1999, Introduced by Senators NORTH, HOFFMAN, STEIL, MC MANUS and GOUGEON and referred to the Committee on Appropriations. A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2000; 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:PART 1 LINE-ITEM APPROPRIATIONS 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, 2000, 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 . . . . . 583.0 GROSS APPROPRIATION . . . . . . . . $ 226,140,800 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers. . . . . . . . 2,304,200 ADJUSTED GROSS APPROPRIATION. . . . . . $ 223,836,600 Federal revenues: Total federal revenues. . . . . . . 3,124,600 Special revenue funds: Total local revenues. . . . . . . . 2,434,000 Total private revenues. . . . . . . 1,716,100 Total other state restricted revenues . . . . . . 56,070,700 State general fund/general purpose. . . . . . . . $ 160,491,200 Sec. 102. SUPREME COURT Full-time equated exempted positions . . . . . 283.0 Supreme court administration--118.0 FTE positions . . . . . . . . $ 13,973,900 Judicial institute--18.0 FTE positions. . . . . . 2,809,700 State court administrative office--80.0 FTE positions. . . . . . . . 8,675,600 Judicial information systems--21.0 FTE positions. . . . . . 4,182,900 Direct trial court automation support--30.0 FTE positions. . . . . . . . 2,496,600 Foster care review board--12.0 FTE positions. . . . . . . . 1,198,700 Community dispute resolution--4.0 FTE positions . . . . . . 2,372,300 GROSS APPROPRIATION . . . . . . . . $ 35,709,700 Appropriated from: Interdepartmental grant revenues: IDG from Michigan jobs commission . . . . . . 120,000 IDG from MDSP-criminal justice improvement . . . . . . . 1,443,900 IDG from MDSP-Michigan justice training fund . . . . . . . . 305,500 Federal revenues: DAG, agriculture mediation grant. . . . . . . 472,800 DOE, special education grant. . . . . . 130,500 DOT, national highway safety traffic administration . . . . . . . 217,500 DOJ, victims assistance program . . . . . . . 50,000 HHS, access and visitation grant. . . . . . . 404,900 HHS, court improvement project. . . . . . . . 619,300 HHS, title IV-D child support program . . . . . . 427,200 HHS, title IV-E foster care program . . . . . . . 285,800 HHS-TANF. . . . . . 516,600 Special revenue funds: Local-user fees . . . . . . . 2,434,000 Private revenues. . . . . . . 429,500 Private-interest on lawyers trust accounts. . . . . . . 715,800 Private-Michigan justice institute. . . . . . . . 500,800 Community dispute resolution fees . . . . . . 1,638,100 Law exam fees . . . . . . 477,200 Miscellaneous revenue . . . . . . . 227,900 State court fund. . . . . . . 319,000 State general fund/general purpose. . . . . . . . $ 23,973,400 Sec. 103. COURT OF APPEALS Full-time equated exempted positions . . . . . 235.5 Court of appeals operations--223.5 FTE positions. . . . . . $ 18,754,800 Delay reduction--12.0 FTE positions . . . . . . . 950,000 GROSS APPROPRIATION . . . . . . . . $ 19,704,800 Appropriated from: Special revenue funds: Court filing/motion fees. . . . . . . . 1,571,000 Miscellaneous revenue . . . . . . . 77,800 State general fund/general purpose. . . . . . . . $ 18,056,000 Sec. 104. JUSTICES' AND JUDGES' COMPENSATION Full-time judges positions . . . . . 611.0 Supreme court justices' salaries--7.0 judges. . . . . . . . $ 975,100 Court of appeals judges' salaries--28.0 judges. . . . . . . 3,588,400 District court judges' state base salaries--259.0 judges . . . . . . . 18,463,700 District court judicial salary standardization. . . . . . . 11,842,500 Probate court judges' state base salaries--107.0 judges . . . . . . . 7,029,100 Probate court judicial salary standardization . . . . . . . 4,332,800 Circuit court judges' state base salaries--210.0 judges . . . . . . . 15,637,000 Circuit court judicial salary standardization . . . . . . . 9,228,000 Judges' retirement system defined contributions . . . . . . 1,800,000 OASI, social security . . . . . . . 4,002,600 GROSS APPROPRIATION . . . . . . . . $ 76,899,200 Appropriated from: Special revenue funds: Court fee fund. . . . . . . . 6,065,600 State general fund/general purpose. . . . . . . . $ 70,833,600 Sec. 105. JUDICIAL AGENCIES Full-time equated exempted positions . . . . . .10.0 Judicial tenure commission--10.0 FTE positions. . . . . . . $953,700 GROSS APPROPRIATION . . . . . . . . $ 953,700 Appropriated from: State general fund/general purpose. . . . . . . . $ 953,700 Sec. 106. INDIGENT DEFENSE - CRIMINAL Full-time equated exempted positions . . . . . .54.5 Appellate public defender program-46.5 FTE positions. . . . . . . . $ 4,618,400 Appellate assigned counsel administration--8.0 FTE positions. . . . . . . . 877,600 GROSS APPROPRIATION . . . . . . . . $ 5,496,000 Appropriated from: Interdepartmental grant revenues: IDG from MDSP-Michigan justice training fund . . . . . . . . 434,800 Special revenue funds: Private-interest on lawyers trust accounts. . . . . . . 70,000 Miscellaneous revenue . . . . . . . 113,100 State general fund/general purpose. . . . . . . . $ 4,878,100 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. . . . . . . $ 69,840,400 Hold harmless fund reimbursements . . . . . . 8,000,000 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. . . . . . . . $ 2,000,000 Drug caseflow program . . . . . . . 200,000 GROSS APPROPRIATION . . . . . . . . $ 2,200,000 Appropriated from: Special revenue funds: Drug fund . . . . . . . . 200,000 Drunk driving fund. . . . . . 2,000,000 State general fund/general purpose. . . . . . . . $ 0PART 2 PROVISIONS CONCERNING APPROPRIATIONS 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 1999-2000 is $216,561,900.00 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. . . . . . . 69,840,400 Hold harmless fund reimbursement. . . . . . . 8,000,000 JUSTICES' AND JUDGES' COMPENSATION District court judicial salary standardization. . . . . . . . 11,842,500 Probate court judges' state base salaries . . . . . . . 7,029,100 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. . . . . . . . 2,000,000 Drug caseflow program . . . . . . . 200,000 Total . . . . . . . $ 112,984,700 (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 under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director. 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 State department of justice. (d) "DOT" means the United States department of transportation. (e) "FTE" means full-time equated position. (f) "HHS" means the United States department of health and human services. (g) "IDG" means interdepartmental grant. (h) "MDSP" means the Michigan department of state police. (i) "OASI" means old age survivor's insurance. (j) "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. 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 and general government, respectively, 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 subcommittee 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, 2000 audited accounts of all money due and owing the court as of September 30, 1999. 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, 2000. 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.Final page.