SB-0281,As Passed House,Jun 12, 2003
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 281
A bill to make appropriations for the judicial branch for the
fiscal year ending September 30, 2004; 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:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
3 Sec. 101. Subject to the conditions set forth in this act, the
4 amounts listed in this part are appropriated for the judicial branch
5 for the fiscal year ending September 30, 2004, from the funds
6 indicated in this part. The following is a summary of the
7 appropriations in this part:
1 JUDICIARY
2 APPROPRIATIONS SUMMARY:
3 Full-time equated exempted positions..........582.5
4 GROSS APPROPRIATION................................. $ 252,978,700
5 Interdepartmental grant revenues:
6 Total interdepartmental grants and intradepartmental
7 transfers......................................... 4,633,500
8 ADJUSTED GROSS APPROPRIATION........................ $ 248,345,200
9 Federal revenues:
10 Total federal revenues.............................. 4,106,500
11 Special revenue funds:
12 Total local revenues................................ 2,898,700
13 Total private revenues.............................. 842,500
14 Total other state restricted revenues............... 79,183,100
15 State general fund/general purpose.................. $ 161,314,400
16 Sec. 102. SUPREME COURT
17 Full-time equated exempted positions..........284.0
18 Supreme court administration--114.0 FTE positions... $ 10,033,400
19 Judicial institute--20.0 FTE positions.............. 2,935,600
20 State court administrative office--80.0 FTE
21 positions......................................... 9,210,900
22 Judicial information systems--21.0 FTE positions.... 4,540,500
23 Direct trial court automation support--33.0 FTE
24 positions......................................... 2,898,700
25 Foster care review board--12.0 FTE positions........ 1,167,600
26 Community dispute resolution--4.0 FTE positions..... 2,499,700
27 Drug treatment courts............................... 4,635,000
1 GROSS APPROPRIATION................................. $ 37,921,400
2 Appropriated from:
3 Interdepartmental grant revenues:
4 IDG from department of community health............. 1,800,000
5 IDG from department of career development........... 95,000
6 IDG from state police - criminal justice improvement 2,015,000
7 IDG from state police - Michigan justice training
8 fund.............................................. 300,000
9 Federal revenues:
10 USDA, agriculture mediation grant................... 125,000
11 DOE, special education grant........................ 150,000
12 DOJ, enforcing underage drinking law................ 50,000
13 DOJ, victims assistance programs.................... 50,000
14 DOJ, drug court training and evaluation............. 300,000
15 DOT, national highway safety traffic administration. 215,300
16 HHS, access and visitation grant.................... 387,000
17 HHS, court improvement project...................... 1,160,000
18 HHS, title IV-D child support program............... 907,700
19 HHS, title IV-E foster care program................. 500,000
20 HHS, TANF........................................... 50,000
21 HHS, domestic violence prevention................... 175,000
22 Special revenue funds:
23 Local - user fees................................... 2,898,700
24 Private............................................. 169,000
25 Private - interest on lawyers trust accounts........ 232,700
26 Private - state justice institute................... 370,800
27 Community dispute resolution fees................... 2,224,700
1 Law exam fees....................................... 482,100
2 Drug court fund..................................... 1,267,500
3 Miscellaneous revenue............................... 227,900
4 State court fund.................................... 319,000
5 State general fund/general purpose.................. $ 21,449,000
6 Sec. 103. COURT OF APPEALS
7 Full-time equated exempted positions..........230.5
8 Court of appeals operations--230.5 FTE positions.... $ 17,245,300
9 GROSS APPROPRIATION................................. $ 17,245,300
10 Appropriated from:
11 Special revenue funds:
12 Court filing/motion fees............................ 1,759,000
13 Miscellaneous revenue............................... 77,800
14 State general fund/general purpose.................. $ 15,408,500
15 Sec. 104. BRANCHWIDE APPROPRIATIONS
16 Full-time equated exempted positions............3.0
17 Branchwide appropriations--3.0 FTE positions........ $ 8,375,900
18 GROSS APPROPRIATION................................. $ 8,375,900
19 Appropriated from:
20 State general fund/general purpose.................. $ 8,375,900
21 Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
22 Full-time judges positions....................616.0
23 Supreme court justices' salaries--7.0 judges........ $ 1,152,200
24 Court of appeals judges' salaries--28.0 judges...... 4,240,200
25 District court judges' state base salaries--259.0
26 judges............................................ 23,946,600
27 District court judicial salary standardization...... 11,831,000
1 Probate court judges' state base salaries--106.0
2 judges............................................ 9,168,400
3 Probate court judicial salary standardization....... 4,407,000
4 Circuit court judges' state base salaries--216.0
5 judges............................................ 20,346,200
6 Circuit court judicial salary standardization....... 9,876,300
7 Judges' retirement system defined contributions..... 2,557,700
8 OASI, social security............................... 4,738,100
9 GROSS APPROPRIATION................................. $ 92,263,700
10 Appropriated from:
11 Special revenue funds:
12 Court fee fund...................................... 7,090,200
13 State general fund/general purpose.................. $ 85,173,500
14 Sec. 106. JUDICIAL AGENCIES
15 Full-time equated exempted positions...........10.0
16 Judicial tenure commission--10.0 FTE positions...... $ 1,004,100
17 GROSS APPROPRIATION................................. $ 1,004,100
18 Appropriated from:
19 State general fund/general purpose.................. $ 1,004,100
20 Sec. 107. INDIGENT DEFENSE - CRIMINAL
21 Full-time equated exempted positions...........55.0
22 Appellate public defender program--47.0 FTE
23 positions......................................... $ 4,501,900
24 Appellate assigned counsel administration--8.0 FTE
25 positions......................................... 808,600
26 GROSS APPROPRIATION................................. $ 5,310,500
27 Appropriated from:
1 Interdepartmental grant revenues:
2 IDG from state police - Michigan justice training
3 fund.............................................. 423,500
4 Federal revenues:
5 DOJ, assigned criminal defense...................... 36,500
6 Special revenue funds:
7 Private - interest on lawyers trust accounts........ 70,000
8 Miscellaneous revenue............................... 113,100
9 State general fund/general purpose.................. $ 4,667,400
10 Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
11 Indigent civil legal assistance..................... $ 7,337,000
12 GROSS APPROPRIATION................................. $ 7,337,000
13 Appropriated from:
14 Special revenue funds:
15 State court fund.................................... 7,337,000
16 State general fund/general purpose.................. $ 0
17 Sec. 109. TRIAL COURT OPERATIONS
18 Court equity fund reimbursements.................... $ 69,905,900
19 Judicial technology improvement fund................ 4,464,900
20 GROSS APPROPRIATION................................. $ 74,370,800
21 Appropriated from:
22 Special revenue funds:
23 Court equity fund................................... 44,669,900
24 Judicial technology improvement fund................ 4,464,900
25 State general fund/general purpose.................. $ 25,236,000
26 Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL
27 GOVERNMENT
1 Drug case-flow program.............................. $ 250,000
2 Drunk driving case-flow program..................... 2,300,000
3 Juror compensation reimbursement.................... 6,600,000
4 GROSS APPROPRIATION................................. $ 9,150,000
5 Appropriated from:
6 Special revenue funds:
7 Drug fund........................................... 250,000
8 Drunk driving fund.................................. 2,300,000
9 Juror compensation fund............................. 6,600,000
10 State general fund/general purpose.................. $ 0
11 PART 2
12 PROVISIONS CONCERNING APPROPRIATIONS
13 GENERAL SECTIONS
14 Sec. 201. Pursuant to section 30 of article IX of the state
15 constitution of 1963, total state spending from state resources under
16 part 1 for fiscal year 2003-2004 is $240,497,500.00 and state spending
17 from state resources to be paid to local units of government for
18 fiscal year 2003-2004 is estimated at $124,506,000.00. The itemized
19 statement below identifies appropriations from which spending to local
20 units of government will occur:
21 SUPREME COURT
22 State court administrative office - administration.. $ 511,900
23 Drug treatment courts............................... 4,334,900
24 TRIAL COURT OPERATIONS
25 Court equity fund reimbursements.................... $ 69,905,900
1 Judicial technology improvement fund................ 4,464,900
2 JUSTICES' AND JUDGES' COMPENSATION
3 District court judicial salary standardization...... $ 11,831,000
4 Probate court judges' state base salaries........... 9,168,400
5 Probate court judicial salary standardization....... 4,407,000
6 Circuit court judicial salary standardization....... 9,876,300
7 Grant to OASI contribution fund, employers share,
8 social security................................... 855,700
9 GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
10 Drunk driving case-flow program..................... $ 2,300,000
11 Drug case-flow program.............................. 250,000
12 Juror compensation reimbursement.................... 6,600,000
13 TOTAL............................................... $ 124,506,000
14 Sec. 202. (1) The appropriations authorized under this act are
15 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
16 18.1594.
17 (2) Funds appropriated in part 1 to an entity within the judicial
18 branch shall not be expended or transferred to another account without
19 written approval of the authorized agent of the judicial entity. If
20 the authorized agent of the judicial entity notifies the state budget
21 director of its approval of an expenditure or transfer, the state
22 budget director shall immediately make the expenditure or transfer.
23 The authorized judicial entity agent shall be designated by the chief
24 justice of the supreme court.
25 Sec. 203. As used in this act:
26 (a) "DOE" means the United States department of education.
27 (b) "DOJ" means the United States department of justice.
1 (c) "DOT" means the United States department of transportation.
2 (d) "FTE" means full-time equated.
3 (e) "HHS" means the United States department of health and human
4 services.
5 (f) "IDG" means interdepartmental grant.
6 (g) "OASI" means old age survivor's insurance.
7 (h) "TANF" means temporary assistance for needy families.
8 (i) "USDA" means the United States department of agriculture.
9 Sec. 207. At least 90 days before beginning any effort to
10 privatize, the judicial branch shall submit a complete project plan to
11 the appropriate senate and house of representatives appropriations
12 subcommittees and the senate and house fiscal agencies. The plan
13 shall include the criteria under which the privatization initiative
14 will be evaluated. The evaluation shall be completed and submitted to
15 the appropriate senate and house of representatives appropriations
16 subcommittees and the senate and house fiscal agencies within 30
17 months.
18 Sec. 208. Unless otherwise specified, the judicial branch shall
19 use the Internet to fulfill the reporting requirements of this act.
20 This may include transmission of reports via electronic mail to the
21 recipients identified for each reporting requirement or it may include
22 placement of reports on an Internet or Intranet site. Quarterly, the
23 judicial branch shall provide to the appropriations subcommittees
24 members, state budget office, and the fiscal agencies an electronic
25 listing of the reports submitted during the most recent 3-month period
26 along with the Internet or Intranet site of each report, if any.
27 Sec. 209. (1) Funds appropriated in part 1 shall not be used for
1 the purchase of foreign goods or services, or both, if competitively
2 priced American goods and services, or both, of comparable quality,
3 are available.
4 (2) Funds appropriated in part 1 shall not be used for the
5 purchase of out-of-state goods or services, or both, if competitively
6 priced Michigan goods or services, or both, of comparable quality, are
7 available.
8 Sec. 210. (1) The chief justice of the supreme court shall take
9 all reasonable steps to ensure businesses in deprived and depressed
10 communities compete for and perform contracts to provide services or
11 supplies, or both, for the judicial branch. The chief justice shall
12 strongly encourage firms with which the courts of this state contract
13 to subcontract with certified businesses in depressed and deprived
14 communities for services or supplies, or both.
15 (2) The chief justice shall take all reasonable steps to ensure
16 equal opportunity for all who compete for and perform contracts to
17 provide services or supplies, or both, for the department. The chief
18 justice shall strongly encourage firms with which the department
19 contracts to provide equal opportunity for subcontractors to provide
20 services or supplies, or both.
21 Sec. 211. (1) The judicial branch shall provide to the senate
22 and house of representatives standing committees on appropriations and
23 the senate and house fiscal agencies a monthly report on all personal
24 service contracts awarded without competitive bidding, pricing, or
25 rate setting. The notification shall include all of the following:
26 (a) The total dollar amount of the contract.
27 (b) The duration of the contract.
1 (c) The name of the vendor.
2 (d) The type of service to be provided.
3 (2) For personal service contracts of $100,000.00 or more, the
4 judicial branch shall provide a monthly report on all of the
5 following:
6 (a) The total dollar amount of the contract.
7 (b) The duration of the contract.
8 (c) The name of the vendor.
9 (d) The type of service to be provided.
10 Sec. 212. The judicial branch shall receive and retain copies of
11 all reports funded from appropriations in part 1 and shall follow
12 federal and state guidelines for short-term and long-term retention of
13 these reports and records.
14 JUDICIAL BRANCH
15 Sec. 301. (1) The direct trial court automation support program
16 of the state court administrative office shall recover direct and
17 overhead costs from trial courts by charging for services rendered.
18 The fee shall cover the actual costs incurred to the direct trial
19 court automation support program in providing the service. A report
20 of amounts collected in excess of funds identified as user service
21 charges in part 1 shall be submitted to the state budget director and
22 to the house and senate appropriations subcommittees on judiciary 30
23 days before expenditure by the direct trial court automation support
24 program.
25 (2) From funds appropriated in part 1, the direct trial court
26 automation support program of the state court administrative office
1 shall provide to the state budget director, the senate and house
2 appropriations committees, and the senate and house fiscal agencies
3 before January 1 of each year, a detailed list of user service charges
4 collected during the immediately preceding state fiscal year.
5 Sec. 302. Funds appropriated within the judicial branch shall
6 not be expended by any component within the judicial branch without
7 the approval of the supreme court.
8 Sec. 303. Of the amount appropriated in part 1 for the judicial
9 branch, $325,000.00 is allocated for circuit court reimbursement under
10 section 3 of 1978 PA 16, MCL 800.453, and $186,900.00 is allocated for
11 court of claims reimbursement under section 6413 of the revised
12 judicature act of 1961, 1961 PA 236, MCL 600.6413.
13 Sec. 304. The judicial branch shall cooperate with the auditor
14 general regarding audits of the judicial branch conducted pursuant to
15 section 53 of article IV of the state constitution of 1963.
16 Sec. 305. To avoid the overexpenditure of funds appropriated
17 under this act, the supreme court shall report quarterly to the state
18 budget director and to the judiciary subcommittees of the house and
19 senate appropriations committees regarding the status of the accounts
20 set forth in part 1.
21 Sec. 306. The supreme court and the state administrative office
22 shall continue to maintain, as a priority, the assisting of local
23 trial courts in improving the collection of judgments.
24 Sec. 307. (1) It is the intent of the legislature that from the
25 funds appropriated in part 1 for court of appeals operations, the
26 judiciary shall use $225,000.00 of additional filing fee revenue
27 raised from the increase from $250.00 to $375.00 in court of appeals
1 filing fees under section 321 of the revised judicature act of 1961,
2 1961 PA 236, MCL 600.321, for the purpose of delay reduction.
3 (2) Any additional revenue from increased fees collected by the
4 court of appeals under section 231 of the revised judicature act of
5 1961, 1961 PA 236, MCL 600.231, shall be used for the purpose of delay
6 reduction.
7 Sec. 308. If sufficient funds are not available from the court
8 fee fund to pay judges' compensation, the difference between the
9 appropriated amount from that fund for judges' compensation and the
10 actual amount available after the amount appropriated for trial court
11 reimbursement is made shall be appropriated from the state general
12 fund for judges' compensation.
13 Sec. 310. From the funds appropriated in part 1 for drug
14 treatment court programs, at the discretion of the supreme court, the
15 state court administrative office shall contract with 1 or more
16 independent third parties for evaluation and monitoring of drug court
17 programs funded by the judiciary. The evaluation shall include
18 measures of the impact of drug court programs in changing offender
19 criminal involvement (recidivism) and substance abuse and in reducing
20 prison admissions. The evaluation of a program funded with federal
21 Byrne funds shall be consistent with any requirements contained in the
22 federal Byrne grant for that program. Evaluations required by this
23 section shall to the extent feasible compare offenders treated under
24 the programs with other offenders of similar characteristics. Not
25 later than June 1, 2004, the state court administrative office shall
26 provide a progress report regarding the status and findings of the
27 evaluation to the senate and house appropriations subcommittees on the
1 judiciary, the senate and house fiscal agencies, and the state budget
2 director.
3 Sec. 311. (1) The funds appropriated in part 1 for drug
4 treatment courts shall be administered by the state court
5 administrative office to operate drug treatment court programs. A
6 drug treatment court program shall not receive funds for more than 5
7 years. A drug treatment court shall be responsible for handling cases
8 involving substance abusing nonviolent offenders through comprehensive
9 supervision, testing, treatment services, and immediate sanctions and
10 incentives. A drug treatment court shall use all available county and
11 state personnel involved in the disposition of cases including, but
12 not limited to, parole and probation agents, prosecuting attorney,
13 defense attorney, and community corrections providers. The funds may
14 be used in connection with other federal, state, and local funding
15 sources.
16 (2) Local units of government are encouraged to refer to federal
17 drug treatment court guidelines to prepare proposals. However,
18 federal agency approvals are not required for funding under this
19 section.
20 (3) From the funds appropriated in part 1, the chief justice
21 shall allocate sufficient funds for the judicial institute to provide
22 in-state training for those identified in subsection (1), including
23 training for new drug treatment court judges.
24 (4) For drug treatment court grants, consideration for priority
25 may be given to those courts where higher instances of substance abuse
26 cases are filed.
27 (5) The judiciary shall receive $1,800,000.00 in Byrne formula
1 grant funding as an interdepartmental grant from the department of
2 community health to be used for expansion of drug treatment courts, to
3 assist in avoiding prison bed space growth for nonviolent offenders in
4 collaboration with the department of corrections.
5 Sec. 312. From the funds appropriated in part 1, the state court
6 administrator shall produce a statistical report regarding the
7 implementation of the parental rights restoration act, 1990 PA 211,
8 MCL 722.901 to 722.908, as it pertains to minors seeking a
9 court-issued waiver of parental consent. The state court
10 administrative office shall report the total number of petitions filed
11 and the total number of petitions granted in accordance with
12 section 208.
13 Sec. 313. (1) The appropriation in part 1 for the judicial
14 technology improvement fund shall be allocated for the development of
15 a statewide judicial information system. The supreme court, working
16 with the department of state police, department of corrections,
17 secretary of state, prosecuting attorneys association of Michigan, and
18 the department of information technology, will develop a statewide
19 telecommunications infrastructure to integrate criminal justice
20 information systems. The judicial technology improvement fund shall
21 also provide grants to local trial court funding units to encourage
22 technology innovations by local trial courts that will result in
23 enhanced public service. These innovations will include, but not be
24 limited to, electronic filing, on-line payments of fines and fees, and
25 web-based instructions for completion of court documents.
26 (2) Funds in part 1 may be used to develop, operate, and maintain
27 a cyber court system.
1 (3) There is hereby appropriated to the judiciary for deposit into
2 the judicial technology improvement fund $6,000,000.00 contingent upon
3 the receipt of a refund from the federal government related to
4 penalties previously imposed for the child support enforcement system
5 of which not less than $1,000,000.00 and not more than $2,000,000.00
6 shall be utilized towards development and operation of a cyber court
7 system as identified in subsection (2). The appropriation to the
8 judiciary of refund money related to the child support enforcement
9 system shall precede any other appropriations of such resources.
10 Notwithstanding subsection (2), any child support enforcement system
11 penalty refund resources deposited into the judicial technology
12 improvement fund shall be expended in the manner as prescribed in
13 subsection (1). The child support enforcement system refund revenue
14 when certified as available in the judicial technology improvement
15 fund by the judiciary shall remain unallotted until such time as the
16 state budget director has reviewed and approved an allotment schedule
17 submitted by the judiciary. Unexpended resources remaining in the
18 fund at the end of the fiscal year may be carried forward for
19 expenditure in the following year for the same purposes as described
20 in this section.
21 Sec. 314. If funds become available from the federal government
22 for mental health courts, the state court administrative office shall
23 assist those local trial courts who are interested in starting a
24 mental health court in writing grants and any other assistance that
25 may help them receive such funds.
26 Sec. 315. The judicial branch shall communicate regarding
27 information technology activities with the department of information
1 technology.