JUROR COMPENSATION H.B. 4209 & 4210:
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bills 4209 and 4210 (as passed by the House)
Sponsor: Representative Peter J. Lucido
House Committee: Law and Justice
CONTENT
House Bill 4209 would amend Section 1344 of the Revised Judicature Act to authorize an increase in the minimum compensation for jurors provided sufficient funds were available in the Juror Compensation Reimbursement Fund.
House Bill 4210 would amend the Revised Judicature Act to provide for court funding units to receive funding from the Juror Compensation Reimbursement Fund for the increase in the statutory minimum compensation rate under Section 1344 of the Act (rather than the increase that took effect in 2003).
Each bill would take effect 90 days after its enactment. House Bill 4210 is tie-barred to House Bill 4209.
House Bill 4209
Currently, the minimum compensation for a juror is $25 per day and $12.50 per half day for the first day of actual attendance at the court. For each subsequent day or half day of attendance, the minimum compensation is $40 per day and $20 per half day.
Under the bill, beginning April 1, 2018, and every subsequent fiscal year, the rate for the first day or half day of actual attendance at the court would be a minimum of $30 per day and $15 per half day. For each subsequent day or half day, the minimum rate would be $45 per day, and $22.50 per half day.
The increased rates would apply if, as of the end of the two most recent fiscal years, the State Court Administrator, at the direction of the Michigan Supreme Court and upon confirmation of the State Treasurer, determined that sufficient funds were available in the Juror Compensation Reimbursement Fund. "Sufficient funds" would mean an amount exceeding $2.0 million in the Fund.
(The Fund receives proceeds from the collection of driver license clearance fees and jury demand fees. Money from the Fund is used to reimburse court funding units for expenses incurred by that unit for the increase in the statutory minimum compensation rate for jurors.)
House Bill 4210
The Act requires each court funding unit to submit a report semiannually to the State Court Administrator, for each court for which it is a funding unit, giving the total amount of expense
it incurred during the fiscal year due to the increase in the statutory minimum compensation rate for jurors that took effect October 1, 2003, pursuant to Section 1344. (That rate increase was enacted by Public Act 739 of 2002 and is reflected in the current provisions of Section 1344.)
The bill would delete the October 1, 2003, date, referring to the statutory minimum compensation rate for jurors under Section 1344.
Each court funding unit is entitled to receive reimbursement from the Juror Compensation Reimbursement Fund for the expense amount reported for the preceding six months, excluding any juror compensation in excess of the statutory minimum. The bill would refer to the statutory minimum under Section 1344.
The bill also would eliminate a provision that required the State Court Administrator to pay an additional amount to each court funding unit in fiscal year 2003-04, to offset expenses incurred for costs in adapting to the changes in the statutory minimum rate for juror compensation implemented by Public Act 739 of 2002.
MCL 600.1344 (H.B. 4209) Legislative Analyst: Jeff Mann
600.151e (H.B. 4210)
FISCAL IMPACT
The bills would have no direct fiscal impact on the State and local government. Under House Bill 4209, the increased juror compensation would go into effect only if it were determined that sufficient funds were in the Juror Compensation Reimbursement Fund to pay for the increase. According to statute, the Fund receives deposits from the collection of driver license clearance fees, jury demand fees, and income from investment credited to the Fund. The unencumbered balance remaining in the Fund at the end of the fiscal year must remain in the Fund and not revert to the General Fund.
For reference, if the compensation increase had been in effect for fiscal year 2015-16, the additional cost to the Juror Compensation Reimbursement Fund would have been $833,747, and there would have been a sufficient amount in the Fund to pay for the increase.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.