FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 5883, entitled
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
(attached)
Third: That the House and Senate agree to the title of the bill to read as follows:
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2011; 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 state and local departments, officials, and employees; to require certain reports; and to provide for the
disposition of fees and other income received by the judicial branch.
_______________________ ________________________
Rashida Tlaib Alan L. Cropsey
_______________________ ________________________
Terry Brown Roger Kahn
_______________________ ________________________
Tonya Schuitmaker Liz Brater
Conferees for the House Conferees for the Senate
SUBSTITUTE FOR
HOUSE BILL NO. 5883
A bill to make appropriations for the judicial branch for the
fiscal year ending September 30, 2011; 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 state and local departments, 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 act, the
amounts listed in this part are appropriated for the judicial
branch for the fiscal year ending September 30, 2011, 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............ 491.0
GROSS APPROPRIATION.................................... $ 260,358,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,573,500
ADJUSTED GROSS APPROPRIATION........................... $ 256,785,300
Federal revenues:
Total federal revenues................................. 5,539,500
Special revenue funds:
Total local revenues................................... 6,252,200
Total private revenues................................. 842,500
Total other state restricted revenues.................. 92,078,000
State general fund/general purpose..................... $ 152,073,100
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 243.0
Supreme court administration--97.0 FTE positions....... $ 10,851,500
Judicial institute--13.0 FTE positions................. 2,594,600
State court administrative office--60.0 FTE positions.. 10,350,100
Judicial information systems--22.0 FTE positions....... 3,141,500
Direct trial court automation support--36.0 FTE
positions............................................ 6,252,200
Foster care review board--12.0 FTE positions........... 1,265,400
Community dispute resolution--3.0 FTE positions........ 2,313,200
Other federal grants................................... 275,100
Drug treatment courts.................................. 6,133,000
Community court pilot project.......................... 20,000
GROSS APPROPRIATION.................................... $ 43,196,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 1,800,000
IDG from department of corrections..................... 1,050,000
IDG from state police - Michigan justice training fund. 300,000
Federal revenues:
DOJ, victims assistance programs....................... 50,000
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 1,300,000
HHS, access and visitation grant....................... 550,000
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.................... 540,400
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 6,252,200
Private................................................ 169,000
Private - interest on lawyers trust accounts........... 232,700
Private - state justice institute...................... 370,800
Community dispute resolution fund...................... 2,313,200
Law exam fees.......................................... 536,200
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..................... $ 21,695,600
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 190.0
Court of appeals operations--190.0 FTE positions....... $ 18,851,600
GROSS APPROPRIATION.................................... $ 18,851,600
Appropriated from:
Special revenue funds:
Court filing/motion fees............................... 1,458,500
Miscellaneous revenue.................................. 77,800
State general fund/general purpose..................... $ 17,315,300
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,136,800
GROSS APPROPRIATION.................................... $ 8,136,800
Appropriated from:
State general fund/general purpose..................... $ 8,136,800
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 615.0
Supreme court justices' salaries--7.0 justices......... $ 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............................................... 9,627,900
Probate court judicial salary standardization.......... 4,669,700
Circuit court judges' state base salaries--219.0
judges............................................... 20,675,900
Circuit court judicial salary standardization.......... 10,036,400
Judges' retirement system defined contributions........ 3,837,600
OASI, social security.................................. 5,375,900
GROSS APPROPRIATION.................................... $ 95,290,000
Appropriated from:
Special revenue funds:
Court fee fund......................................... 7,090,200
State general fund/general purpose..................... $ 88,199,800
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 992,000
GROSS APPROPRIATION.................................... $ 992,000
Appropriated from:
State general fund/general purpose..................... $ 992,000
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 47.0
Appellate public defender program--39.0 FTE positions.. $ 5,263,500
Appellate assigned counsel administration--8.0 FTE
positions............................................ 931,600
GROSS APPROPRIATION.................................... $ 6,195,100
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund. 423,500
Federal revenues:
Other federal grant revenue............................ 250,000
Special revenue funds:
Private - interest on lawyers trust accounts........... 70,000
Miscellaneous revenue.................................. 113,100
State general fund/general purpose..................... $ 5,338,500
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....................... $ 64,794,700
Judicial technology improvement........................ 4,815,000
GROSS APPROPRIATION.................................... $ 69,609,700
Appropriated from:
Special revenue funds:
Court equity fund...................................... 54,399,600
Judicial technology improvement fund................... 4,815,000
State general fund/general purpose..................... $ 10,395,100
Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL
GOVERNMENT
Drug case-flow program................................. $ 250,000
Drunk driving case-flow program........................ 3,300,000
Juror compensation reimbursement....................... 6,600,000
GROSS APPROPRIATION.................................... $ 10,150,000
Appropriated from:
Special revenue funds:
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Juror compensation fund................................ 6,600,000
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 2010-2011 is $244,151,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $120,832,300.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 511,900
Drug treatment courts.................................. 3,533,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 64,794,700
Judicial technology improvement fund................... 4,815,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary standardization......... $ 11,796,800
Probate court judges' state base salaries.............. 9,627,900
Probate court judicial salary standardization.......... 4,669,700
Circuit court judicial salary standardization.......... 10,036,400
Grant to OASI contribution fund, employers share,
social security..................................... 896,900
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving case-flow program........................ $ 3,300,000
Drug case-flow program................................. 250,000
Juror compensation reimbursement....................... 6,600,000
TOTAL.................................................. $ 120,832,300
Sec. 202. (1) The appropriations authorized under this act 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 act:
(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. 204. The judicial branch shall not take disciplinary
action against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 208. The reporting requirements of this act shall be
completed with the approval of, and at the direction of, the
supreme court. The judicial branch shall use the Internet to
fulfill the reporting requirements of this act. 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.
Sec. 212. As a condition of expending appropriations made
under part 1, the judicial branch shall receive and retain copies
of all reports funded from appropriations in part 1 and shall
follow federal and state guidelines for short-term and long-term
retention of such reports and records.
Sec. 214. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 215. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2011 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 senate and house of
representatives standing committees on appropriations, the senate
and house 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. 219. Not later than September 30, 2011, the judiciary
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
program or program areas. The report shall be transmitted to the
office of the state budget, the chairpersons of the senate and
house appropriations committees, and the senate and house fiscal
agencies.
Sec. 221. From the funds appropriated in part 1, the judicial
branch shall use an amount not to exceed $10,000.00 to develop,
post, and maintain, on a publicly accessible Internet site, all
expenditures made by the judicial branch within a fiscal year. The
posting must include the purpose for which each expenditure is
made. The judicial branch shall not be required to hire additional
employees to comply with this section.
Sec. 223. From the balance in the juror compensation
reimbursement fund as of the close of fiscal year 2009-2010,
$2,607,500.00 is appropriated and shall be transferred to the court
equity fund.
JUDICIAL BRANCH
Sec. 301. (1) Pursuant to the appropriations in part 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, including development of
future versions of case management systems. 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. 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. 309. By April 1, 2011, the state court administrative
office shall provide an update on the status of the pilot mental
health courts to the state budget director, the senate and house
appropriations subcommittees on the judiciary, and the senate and
house fiscal agencies.
Sec. 310. From the funds appropriated in part 1 for drug
treatment court programs, with the approval of and at the
discretion of the supreme court, the state court administrative
office shall evaluate and collect data on the performance of drug
treatment court programs. The state court administrative office
shall provide an annual review of the performance of drug courts as
prescribed in section 1078(6) of the revised judicature act of
1961, 1961 PA 236, MCL 600.1078. All of the following apply to that
annual review:
(a) It shall include measures of the impact of drug court
programs in changing offender criminal involvement (recidivism) and
substance abuse and in reducing prison admissions.
(b) It shall be completed no later than April 1 of each year
and shall also be provided to the senate and house appropriations
subcommittees on the judiciary, the senate and house fiscal
agencies, and the state budget director.
(c) The evaluation of a program funded with federal Byrne
funds shall be consistent with the requirements contained in the
federal Byrne grant for that program.
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 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) 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.
(3) For drug treatment court grants, consideration for
priority may be given to those courts where higher instances of
substance abuse cases are filed.
(4) The judiciary shall receive $1,800,000.00 in Byrne formula
grant funding as an interdepartmental grant from the Michigan state
police 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.
Sec. 317. Funds appropriated in part 1 shall not be used for
the permanent assignment of state-owned vehicles to justices or
judges or any other judicial branch employee. This section does not
preclude the use of state-owned motor pool vehicles for state
business in accordance with approved guidelines.
Sec. 318. The funds appropriated in part 1 for the community
court pilot project shall be used for the purposes of administering
a pilot program of neighborhood-focused community courts. The state
court administrative office shall work collaboratively with the
designated courts when establishing the community courts.
Sec. 320. From the funds appropriated in part 1, $1,000,000.00
in funding from the department of corrections shall be allocated to
drug treatment courts to support mental health services.