SENATE BILL No. 1114
February 13, 2002, Introduced by Senator North 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, 2003; 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, 2003, 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 582.5
GROSS APPROPRIATION $ 246,587,900
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers 2,833,500
ADJUSTED GROSS APPROPRIATION $ 243,754,400
Federal revenues:
Total federal revenues 3,864,500
Special revenue funds:
Total local revenues 2,941,800
Total private revenues 842,500
Total other state restricted revenues 57,287,500
State general fund/general purpose $ 178,818,100
Sec. 102. SUPREME COURT
Full-time equated exempted positions 286.0
Supreme court administration--116.0 FTE
positions $ 10,974,300
Judicial institute--20.0 FTE positions 3,107,000
State court administrative office--administration
80.0 FTE positions 9,987,700
Judicial information systems--21.0 FTE
positions 4,772,500
Direct trial court automation support--33.0 FTE
positions 2,900,500
Foster care review board--12.0 FTE positions 1,253,200
Community dispute resolution--4.0 FTE
positions 2,511,300
Drug courts 1,293,700
GROSS APPROPRIATION $ 36,800,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCD 95,000
IDG from state police-Michigan justice training
fund 300,000
IDG from state police-criminal justice
improvement 2,015,000
Federal revenues:
DOE, special education grant 150,000
DOJ, enforcing underage drinking law 50,000
DOJ, victims assistance programs 50,000
DOT, national highway safety traffic
administration 215,300
HHS, court improvement project 1,160,000
HHS, title IV-D child support program 907,700
HHS, title IV-E foster care program 500,000
HHS-OSCE, access and visitation grant 387,000
HHS, domestic violence prevention 269,500
HHS, TANF 50,000
USDA, agriculture mediation grant 125,000
Special revenue funds:
Local-user fees 2,941,800
Private revenues 169,000
Private-interest on lawyers trust accounts 232,700
Private-state justice institute 370,800
State court fund 319,000
Community dispute resolution fees 1,665,600
Law exam fees 482,100
Miscelleanous revenue 227,900
State general fund/general purpose $ 24,116,800
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions 231.5
Court of appeals operations--231.5 FTE
positions $ 17,980,700
GROSS APPROPRIATION $ 17,980,700
Appropriated from:
Special revenue funds:
Court filing/motion fees 1,571,000
Miscellaneous revenue 77,800
State general fund/general purpose $ 16,331,900
Sec. 104. BRANCHWIDE APPROPRIATIONS
Branchwide appropriations $ 9,263,500
GROSS APPROPRIATION $ 9,263,500
Appropriated from:
State general fund/general purpose $ 9,263,500
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges' positions 615.0
Supreme court justices' salaries--7.0 judges $ 1,169,600
Court of appeals judges' salaries--28.0 judges 4,304,000
District court judges' state base salaries--258.0
judges 24,412,400
District court judicial salary standardization 11,796,800
Probate court judges' state base salaries--106.0
judges 9,139,000
Probate court judicial salary standardization 4,287,100
Circuit court judges' state base salaries--216.0
judges 20,658,100
Circuit court judicial salary standardization 9,807,800
Judges' retirement system defined contribution 2,562,400
OASI, social security 4,630,500
GROSS APPROPRIATION $ 92,767,700
Appropriated from:
Special revenue funds:
Court fee fund 6,900,000
State general fund/general purpose $ 85,867,700
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions 10.0
Judicial tenure commission--10.0 FTE positions $ 1,014,100
GROSS APPROPRIATION $ 1,014,100
Appropriated from:
State general fund/general purpose $ 1,014,100
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions 55.0
Appellate public defender program--47.0 FTE
positions $ 4,854,900 Appellate assigned counsel administration--8.0 FTE
positions 920,400
GROSS APPROPRIATION $ 5,775,300
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training
fund 423,500
Special revenue funds:
Private-interest on lawyers trust accounts 70,000
Miscellaneous revenue 113,100
State general fund/general purpose $ 5,168,700
Sec. 108. 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. 109. TRIAL COURT OPERATIONS
Court equity fund reimbursements $ 71,005,700
Judicial technology improvement fund 2,093,700
GROSS APPROPRIATION $ 73,099,400
Appropriated from:
Special revenue funds:
Court equity fund 36,044,000
State general fund/general purpose $ 37,055,400
Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drug case-flow program $ 250,000
Drunk driving case-flow program 2,300,000
GROSS APPROPRIATION $ 2,550,000
Appropriated from:
Special revenue funds:
Drug fund 250,000
Drunk driving fund 2,300,000
State general fund/general purpose $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2002-2003 is $236,105,600.00 and state spending from state resources to be paid to local units of government for fiscal year 2002-2003 is $113,195,500.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
SUPREME COURT
State court administrative office -
administration $ 511,900 Drug court program 1,293,700 TRIAL COURT OPERATIONS
Court equity fund reimbursements $ 71,005,700 Judicial technology improvement fund 2,093,700 JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary
standardization $ 11,746,800 Probate court judges' state base salaries 9,139,000
Probate court judicial salary standardization 4,287,100
Circuit court judicial salary standardization 9,807,800
Grant to the OASI contribution fund, employers
share, social security 759,800
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving case-flow program $ 2,300,000
Drug case-flow program 250,000
TOTAL $ 113,195,500
Sec. 202. (1) The appropriations 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) "DOE" means the United States department of education.
(b) "DOJ" means the United States department of justice.
(c) "DOT" means the United States department of transportation.
(d) "FTE" means full-time equated.
(e) "HHS" means the United States department of health and human services.
(f) "HHS-OSCE" means the office of child support enforcement.
(g) "IDG" means interdepartmental grant.
(h) "MDCD" means the Michigan department of career development.
(I) "OASI" means old age survivor's insurance.
(j) "TANF" means temporary assistance for needy families.
(k) "USDA" means the United States department of agriculture.
Sec. 206. (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.
Sec. 208. Unless otherwise specified, the judicial branch shall use the Internet to fulfill the reporting requirements of this bill. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or Intranet site.
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 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. 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 subcommittees of the house and senate appropriations committees regarding the status of the accounts set forth in part 1.
Sec. 306. 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, 2003 audited accounts of all money due and owing the court as of September 30, 2002. 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".
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.
Sec. 310. (1) State general fund appropriation for community dispute resolution contained in part 1 shall be used to supplement funding for community dispute resolution centers. The supplemental funding shall be disbursed by formula to achieve a base level of $30,000.00 for centers funded through the community dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, with the remainder disbursed based upon performance measures as determined by the state court administrative office.
(2) From the funds in part 1, the chief justice is strongly encouraged to distribute pamphlets of information on the community dispute resolution program, especially to those entities known to be points of referrals, including, but not limited to, all statewide judicial conferences, all courts, local units of government, legal organizations, prosecutors, attorneys, police departments, colleges and universities, and state departments.
Sec. 311. (1) The funds appropriated in part 1 for drug courts shall be administered by the state court administrative office to implement new drug court programs or for existing drug court programs if federal funds are no longer available. A drug court shall be responsible for handling cases involving substance abusing nonviolent offenders through comprehensive supervision, testing, treatment services, and immediate sanctions and incentives. A drug court shall use all available county and state personnel involved in the disposition of cases including, but not limited to, parole and probation agents, prosecuting attorney, defense attorney, and community corrections providers.
(2) The funds may be used in connection with federal funds, and local units of government are encouraged to match state funding.
(3) Local units of government are encouraged to refer to federal drug court guidelines to prepare proposals. However, federal agency approvals are not required for funding under this section.
(4) From the funds appropriated in part 1, the chief justice shall allocate sufficient funds for the Michigan judicial institute to provide in-state training for those identified in subsection (1), including training for new drug court judges.
(5) For planning and implementation grants, consideration for priority may be given to those courts where higher instances of substance abuse cases are filed.
Sec. 313. A county shall be required to pay a penalty due to the state's failure to be in compliance with federal child support enforcement system requirements if the county has not implemented the child support enforcement system and the family independence agency determines that the county is not in compliance with the child support enforcement system letter of agreement, or the county has not cooperated with the family independence agency in its implementation activities.
Sec. 316. (1) The appropriation in part 1 for the judicial technology improvement fund shall be allocated for the development of a statewide judicial information system. The supreme court, working with the department of state police, department of corrections, secretary of state, prosecuting attorneys association of Michigan, and the department of information technology, will develop a statewide telecommunications infrastructure to integrate criminal justice information systems. The judicial technology improvement fund shall also provide grants to local trial court funding units to encourage technology innovations by local trial courts that will result in enhanced public service. These innovations will include, but not be limited to, electronic filing, on-line payments of fines and fees, and web-based instructions for completion of court documents.
(2) Funds in part 1 may be used to develop, operate, and maintain a cyber court system.
(3) There is hereby appropriated to the judiciary for deposit into the judicial technology improvement fund $6,000,000 contingent upon the receipt of a refund from the federal government related to penalties previously imposed for the child support enforcement system of which up to $1,000,000 may be utilized towards development and operation of a cyber court system as identified in subsection (2). The appropriation to the Judiciary of refund monies related to the child support enforcement system shall precede any other appropriations of such resources. Notwithstanding the provision in subsection (2) any child support enforcement system penalty refund resources deposited in to the judicial technology improvement fund shall be expended in the manner as prescribed in subsection (1). The child support enforcement system refund revenue when certified as available in the judicial technology improvement fund by the Judiciary shall remain unallotted until such time as the state budget director has reviewed and approved an allotment schedule submitted by the Judiciary. Unexpended resources remaining in the fund at the end of the fiscal year may be carried forward for expenditure in the following year for the same purposes as described in this section.