March 2, 2005, Introduced by Senators PRUSI and EMERSON 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, 2006; 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, 2006, 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.................................... $ 257,728,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,563,500
ADJUSTED GROSS APPROPRIATION........................... $ 255,165,300
Federal revenues:
Total federal revenues................................. 3,933,900
Special revenue funds:
Total local revenues................................... 3,466,000
Total private revenues................................. 842,500
Total other state restricted revenues.................. 86,935,000
State general fund/general purpose..................... $ 159,987,900
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 285.0
Supreme court administration--117.0 FTE positions...... $ 11,355,900
Judicial institute--19.0 FTE positions................. 2,762,100
State court administrative office--79.0 FTE
positions............................................ 10,530,100
Judicial information systems--21.0 FTE positions....... 2,591,500
Direct trial court automation support--33.0 FTE
positions............................................ 3,466,000
Foster care review board--12.0 FTE positions........... 1,270,800
Community dispute resolution--4.0 FTE positions........ 2,271,300
Other federal grants................................... 275,000
Drug treatment courts.................................. 4,735,000
GROSS APPROPRIATION.................................... $ 39,257,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of career development.............. 40,000
IDG from state police - Michigan justice training
fund................................................. 300,000
IDG from department of community health................ 1,800,000
Federal revenues:
DOJ, victims assistance programs....................... 50,000
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 100,000
HHS, access and visitation grant....................... 387,000
HHS, children’s justice grant.......................... 206,300
HHS, court improvement project......................... 1,160,000
HHS, title IV-D child support program.................. 907,700
HHS, title IV-E foster care program.................... 547,900
Other federal grant revenues........................... 275,000
Special revenue funds:
Local - user fees...................................... 3,466,000
Private revenues....................................... 169,000
Private - interest on lawyers trust accounts........... 232,700
Private - state justice institute...................... 370,800
Community dispute resolution fund...................... 2,271,300
Law exam fees.......................................... 482,100
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 227,900
Justice system fund.................................... 700,000
State court fund....................................... 339,000
State general fund/general purpose..................... $ 23,004,500
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 228.5
Court of appeals operations--228.5 FTE positions....... $ 19,047,700
GROSS APPROPRIATION.................................... $ 19,047,700
Appropriated from:
Special revenue funds:
Court filing/motion fees............................... 1,721,000
Miscellaneous revenue.................................. 77,800
State general fund/general purpose..................... $ 17,248,900
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,051,900
GROSS APPROPRIATION.................................... $ 8,051,900
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 8,051,900
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 613.0
Supreme court justices’ salaries--7.0 judges........... $ 1,152,300
Court of appeals judges’ salaries--28.0 judges......... 4,240,300
District court judges’ state base salaries--258.0
judges............................................... 23,877,200
District court judicial salary standardization......... 11,796,800
Probate court judges’ state base salaries--103.0
judges............................................... 9,108,600
Probate court judicial salary standardization.......... 4,389,800
Circuit court judges’ state base salaries--217.0
judges............................................... 20,440,400
Circuit court judicial salary standardization.......... 9,922,100
Judges’ retirement system defined contributions........ 2,919,200
OASI, social security.................................. 4,733,900
GROSS APPROPRIATION.................................... $ 92,580,600
Appropriated from:
Special revenue funds:
Court fee fund......................................... 7,090,200
State general fund/general purpose..................... $ 85,490,400
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions............. 10.0
Judicial tenure commission--10.0 FTE positions......... $ 1,072,900
GROSS APPROPRIATION.................................... $ 1,072,900
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 1,072,900
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 55.0
Appellate public defender program--47.0 FTE positions.. $ 4,872,900
Appellate assigned counsel administration--8.0 FTE
positions............................................ 887,000
GROSS APPROPRIATION.................................... $ 5,759,900
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..................... $ 5,153,300
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance........................ $ 7,937,000
GROSS APPROPRIATION.................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund....................................... 7,937,000
State general fund/general purpose..................... $ 0
Sec. 109. TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 70,406,000
Judicial technology improvement fund................... 4,465,000
GROSS APPROPRIATION.................................... $ 74,871,000
Appropriated from:
Special revenue funds:
Court equity fund...................................... 50,440,000
Judicial technology improvement fund................... 4,465,000
State general fund/general purpose..................... $ 19,966,000
Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drug case-flow program................................. $ 250,000
Drunk driving case-flow program........................ 2,300,000
Juror compensation reimbursement....................... 6,600,000
Transcript fee reimbursement........................... 100
GROSS APPROPRIATION.................................... $ 9,150,100
Appropriated from:
Special revenue funds:
Drug fund.............................................. 250,000
Drunk driving fund..................................... 2,300,000
Juror compensation fund................................ 6,600,000
Transcript fee fund.................................... 100
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 2005-2006 is $246,922,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is estimated at
$124,962,500.00. The itemized statement below identifies
appropriations from which spending to units of local government
will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 511,900
Drug treatment courts.................................. 4,435,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 70,406,000
Judicial technology improvement fund................... 4,465,000
JUSTICES’ AND JUDGES’ COMPENSATION
District court judicial salary standardization......... $ 11,796,800
Probate court judges’ state base salaries.............. 9,108,600
Probate court judicial salary standardization.......... 4,389,800
Circuit court judicial salary standardization.......... 9,922,100
Grant to OASI contribution fund, employers share,
social security...................................... 777,200
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving case-flow program........................ $ 2,300,000
Drug case-flow program................................. 250,000
Juror compensation reimbursement....................... 6,600,000
Transcript fee reimbursement........................... 100
TOTAL.................................................. $ 124,962,500
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) "DOJ" means the United States department of justice.
(b) "DOT" means the United States department of transportation.
(c) "FTE" means full-time equated.
(d) "HHS" means the United States department of health and
human services.
(e) "IDG" means interdepartmental grant.
(f) "OASI" means old age survivor's insurance.
Sec. 208. The reporting requirements of this bill shall be
completed with the approval of, and at the direction, of the
supreme court. Unless otherwise specified, the judicial branch
shall use the Internet to fulfill the reporting requirements of
this bill. This requirement 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.
Sec. 215. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2006 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the chief justice or his
or her designee may grant an exception to allow the travel. Any
exceptions granted by the chief justice or his or her designee
shall be reported on a monthly basis to the senate and house of
representatives standing committees on appropriations.
(3) Not later than January 1 of each year, the state court
administrative office shall prepare a travel report listing all
travel by judicial branch employees outside this state in the
immediately preceding fiscal year that was funded in whole or in
part with funds appropriated in the budget for the judicial branch.
The report shall be submitted to the chairs and members of the
senate and house of representatives standing committees on
appropriations, the fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 216. (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 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 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. 306. The supreme court and the state court administrative
office shall continue to maintain, as a priority, the assisting of
local trial courts in improving the collection of judgments.
Sec. 307. From the funds appropriated in part 1 for court of
appeals operations, for the purpose of delay reductions, the
judiciary shall use $225,000.00 of additional filing fee revenue
raised from the increase from $250.00 to $375.00 in court of
appeals filing fees under section 321(1)(a) of the revised
judicature act of 1961, 1961 PA 236, MCL 600.321.
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. From the funds appropriated in part 1 for drug
treatment court programs, under the direction of the supreme court,
the state court administrative office shall contract with 1 or more
independent third parties for evaluation and monitoring of drug
court programs funded by the judiciary. The evaluation shall
include measures of the impact of drug court programs in changing
offender criminal involvement (recidivism) and substance abuse and
in reducing prison admissions. The evaluation of a program funded
with federal Byrne funds shall be consistent with any requirements
contained in the federal Byrne grant for that program. Evaluations
required by this section shall to the extent feasible compare
offenders treated under the programs with other offenders of
similar characteristics. Not later than April 1, 2006, the state
court administrative office shall provide a progress report
regarding the status and findings of the evaluation to the senate
and house appropriations subcommittees on the judiciary, the senate
and house fiscal agencies, and the state budget director.
Sec. 311. (1) The funds appropriated in part 1 for drug
treatment courts shall be administered by the state court
administrative office to operate drug treatment court programs. A
drug treatment court program shall not receive funds for more than
5 years. A drug treatment 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 treatment 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 attorneys, defense attorneys, and
community corrections providers. The funds may be used in
connection with other federal, state, and local funding sources.
(2) Local units of government are encouraged to refer to federal
drug treatment court guidelines to prepare proposals. However,
federal agency approvals are not required for funding under this
section.
(3) From the funds appropriated in part 1, the chief justice
shall allocate sufficient funds for the judicial institute to
provide in-state training for those identified in subsection (1),
including training for new drug treatment court judges.
(4) For drug treatment court grants, consideration for priority
may be given to those courts where higher instances of substance
abuse cases are filed.
(5) The judiciary shall receive $1,800,000.00 in Byrne formula
grant funding as an interdepartmental grant from the department of
community health to be used for expansion of drug treatment courts,
to assist in avoiding prison bed space growth for nonviolent
offenders in collaboration with the department of corrections.
Sec. 312. From the funds appropriated in part 1, the state
court administrator shall produce a statistical report regarding
the implementation of the parental rights restoration act, 1990 PA
211, MCL 722.901 to 722.908, as it pertains to minors seeking a
court-issued waiver of parental consent. The state court
administrative office shall report the total number of petitions
filed and the total number of petitions granted in accordance with
section 208.