FY 2001-02 JUDICIARY BUDGET - S.B. 236 (S-1): FLOOR ANALYSIS

Senate Bill 236 (S-1 as reported)

Committee: Appropriations

FY 2000-01 Year-to-Date Gross Appropriation $236,914,000
Changes from FY 2000-01 Year-to-Date:
1. Judicial Salaries. The budget includes adjustments to fully fund FY 2001-02 salaries of Supreme Court Justices, Court of Appeals Judges, Circuit Court Judges, Probate Court Judges, and District Court Judges. 10,682,500
2. Court Equity Fund Reimbursements. The Governor's recommendation eliminates the Hold Harmless Fund and increases Court Equity Fund reimbursements by $4,000,000 pursuant to MCL 600.151b. The Senate transfers $3,000,000 from Court Equity Fund reimbursements to a new Judicial Technology Improvement Fund to develop a statewide judicial information system. 0
3. Drug Court Grants. The Senate increases drug court grants from $1,200,000 to $2,200,000. 1,000,000
4. Compensation Study. The Senate added funds to implement recommendations of the Supreme Court's recently completed compensation study. 850,000
5. Guardianship Ombudsman. The Senate added 3.0 FTE to create a new Guardianship Ombudsman Office under the Supreme Court. 324,000
6. The State Appellate Defenders Office (SADO). The Senate added $25,000 for computer equipment costs and $53,700 for a lease/purchase agreement for two new copiers. 78,700
7. Part-time Probate Judges. The FY 2000-01 budget included $473,000 to convert part-time probate judges to full-time status. Legislation that was necessary to implement this change has not been enacted. The Governor is recommending elimination of the funding. The Senate restores $288,300 based on half-year funding. (184,700)
8. Economic Adjustments. 2,233,000
9. Other Issues. Other changes include the elimination of one-time costs of $50,000 for LEIN input compliance and $20,000 related to the on-line Appellate Assigned Counsel appointment system, an increase of $486,600 to reflect available Federal funds, a reduction of $1,269,900 related to available restricted and private funds, a reduction of $603,000 to reflect actual costs of defined contribution and social security costs related to judges' compensation, a funding shift of $268,500 from the State General Fund to the Court Fee Fund, and 1.0 FTE/$90,000 for a child support enforcement system liaison. (1,366,300)
10. Comparison to Governor's Recommendation. The Senate Substitute is $2,541,000 (all general fund) over the Governor's recommendation.
Total Changes 13,617,200
FY 2001-02 Senate Appropriations Committee Gross Appropriation $250,531,200

FY 2001-02 JUDICIARY BUDGET - BOILERPLATE HIGHLIGHTS
Changes from FY 2000-01 Year-to-Date:
1. Privatization Project Plan/Evaluation. The Governor eliminated language that requires submission of a complete project plan to appropriations subcommittees at least 60 days prior to beginning any privatization effort. Requires plan to include criteria under which the privatization initiative will be evaluated. Requires completion of evaluation within 30 months. The Senate restores this section and changes the 60 days prior notice to 90 days. (Sec. 207)
2. Internet Reports. The Governor's recommendation modifies this section by requiring use of the Internet to fulfill reporting requirements unless otherwise specified, removing the option of receiving reports in printed format, and removing the reporting requirement regarding reports expected to be transmitted during the next quarter. The Senate concurs with the Governor. (Sec. 208)
3. Internal Auditor Reports. Requires biennial reports listing each audit or investigation performed by the internal auditor and time spent on statutory responsibilities and other activities. The Governor eliminated this section. The Senate concurs with the Governor.
4. Personal Protection Order Forms. Requires State Court Administrative Office to provide forms, developed pursuant to MCL 600.2950b, in the quantity requested by each county clerk. The Governor eliminated this section. The Senate concurs with the Governor.
5. State Bar Dues. Provides that funds in Section 101 shall not be used to pay directly or reimburse annual State Bar dues for a judge, justice, or other employee of the judicial branch. The Governor eliminated this section. The Senate concurs with the Governor.
6. SADO Audit. The Governor eliminated language that requires the Auditor General to perform an audit of the State Appellate Defender Office (SADO). The Senate concurs with the Governor.
7. County Compliance with Child Support Enforcement System. Requires noncompliant counties to pay a penalty for noncompliance with Federally required child support enforcement system unless there is a written agreement between the county, FIA, and the Friend of the Court outlining the county's commitment to participate in the Federally required system and the county complies with the timeline for completion established by FIA. The Governor's recommendation modifies the language to require a penalty if the county has not implemented the new system and the FIA determines that the county is not in compliance with the letter of agreement, or a county has not cooperated with FIA in its implementation activity. The Senate concurs with the Governor. (Sec. 313)
8. Law Enforcement Information Network (LEIN) System Input Compliance. Provides conditions for allocation of $50,000 appropriation for LEIN system input compliance. The Governor eliminated this section. The Senate concurs with the Governor.
9. Drug Court Program. Provides criteria for the administration of the Drug Court Program. Funds shall be used to implement new drug court programs, or for existing drug court programs if Federal funds are no longer available. Encourages local support and compliance with Federal guidelines. Subsection 4 provides that beginning with FY 2001-02, except for one-time planning grants, the State funding will be limited to 3 years and also provides for increasing local match requirements (25%, 40%, 50%) for each of the 3 years. The Senate eliminates Subsection 4. (Sec. 311)
10. Judicial Technology Improvement Fund. The Senate added language that delineates appropriation for the Judicial Technology Improvement Fund. Provides for development and implementation of a statewide judicial information system. Authorizes grants to local courts to encourage technology innovations by local trial courts, including electronic filing, on-line payments of fines and fees, and web-based instructions for completion of court documents. Also provides for State reimbursement of 50% of fee charged by credit card issuers to local courts for credit card payments. (Sec. 316)
11. Restoration of Sections Eliminated by the Governor. The Senate restores sections regarding buy American intent language (Sec. 209), depressed and deprived communities (Sec. 210), personal service contract reporting requirements (Sec. 211), retention of reports (Sec. 212), cooperation with auditor general (Sec. 304), report on audited funds of accounts due to trial courts (Sec. 306(2)), case processing standards (Sec. 307), indigent defense funds (Sec. 309), Parental Rights Restoration Act statistical report (Sec. 311), trial court project review by the Auditor General (Sec. 314), and part-time probate judges (Sec. 315).


Date Completed: 3/22/01 - Fiscal Analyst: B. Bowerman

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