HOUSE BILL No. 4091


     January 31, 2001, Introduced by Reps. Switalski and Minore and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 323d (MCL 257.323d), as added by 1993 PA

   359.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 323d.  (1) The drug case information management fund is

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      created as a separate fund in the state treasury.  The purpose of

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      the fund is to help defray the costs of complying with require-

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      ments for the timely management and reporting to the secretary of

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      state of information concerning cases involving an attempt to

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      violate, a conspiracy to violate, or a violation of part 74 or

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      section 17766a of the public health code,  Act No. 368 of the

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      Public Acts of 1978, being sections 333.7401 to 333.7461 and

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      333.17766a of the Michigan Compiled Laws  1978 PA 368, MCL

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      333.7401 to 333.7461 and 333.17766a, or of a local ordinance that


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      prohibits conduct prohibited under part 74 or section 17766a of

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       Act No. 368 of the Public Acts of 1978  1978 PA 368, MCL

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      333.7401 TO 333.7461 AND 333.17766A.  Money in the fund shall be

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      expended only as provided in subsection (3).

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           (2) The state treasurer shall credit the drug case informa-

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      tion management fund with the money collected from license rein-

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      statement fees as provided in section  320e(2)  320E(3).  The

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      state treasurer may invest money contained in the drug case

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      information management fund in any manner authorized by law for

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      the investment of state money.  However, an investment shall not

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      interfere with any apportionment, allocation, or payment of money

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      as required by this section.  The state treasurer shall credit

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      all earnings from the fund to the fund.  Money in the fund at the

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      end of the fiscal year shall remain in the fund and shall not

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      revert to the general fund.

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           (3) The state court administrator, at the direction of the

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      supreme court and upon confirmation of the amount by the state

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      treasurer, shall distribute from the drug case information man-

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      agement fund the total amount available in a fiscal year to each

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      circuit of the circuit court, each district of the district

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      court, and each  probate  MUNICIPAL court as provided in this

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      subsection.  The state court administrator, after reimbursement

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      of costs as provided in this subsection, shall distribute the

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      balance of the drug case information management fund annually

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      after costs are disbursed to each circuit of the circuit court,

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      each district of the district court, and each  probate  MUNICIPAL

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      court in an amount determined by multiplying the amount available



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      for distribution by a fraction, the numerator of which is the

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      number of cases in which the defendant was charged with an

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      attempt to violate, a conspiracy to violate, or a violation of

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      part 74 or section 17766a of  Act No. 368 of the Public Acts of

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      1978  1978 PA 368, MCL 333.7401 TO 333.7461 AND 333.17766A, or a

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      local ordinance that prohibits conduct prohibited under part 74

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      or section 17766a of  Act No. 368 of the Public Acts of 1978

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      1978 PA 368, MCL 333.7401 TO 333.7461 AND 333.17766A, in the

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      prior calendar year in that circuit of the circuit court, that

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      district of the district court, or that  probate  MUNICIPAL

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      court, as certified by the state court administrator, and the

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      denominator of which is the total number of cases in all circuits

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      of the circuit court, all districts of the district court, and

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      all  probate  MUNICIPAL courts in which the defendant was charged

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      with an attempt to violate, a conspiracy to violate, or a viola-

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      tion of part 74 of section 17766a of  Act No. 368 of the Public

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      Acts of 1978  1978 PA 368, MCL 333.7401 TO 333.7461 AND

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      333.17766A, or a local ordinance that prohibits conduct prohib-

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      ited under part 74 or section 17766a of  Act No. 368 of the

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      Public Acts of 1978  1978 PA 368, MCL 333.7401 TO 333.7461 AND

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      333.17766A.  The state court administrative office shall be reim-

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      bursed annually from the drug case information management fund

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      for all reasonable costs associated with the administration of

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      this section, including judicial and staff training, on-site man-

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      agement assistance, forms development and conversion, and soft-

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      ware development and conversion.





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