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SB-1091, As Passed Senate, May 24, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1091

A bill to make appropriations for the judicial branch for the

fiscal year ending September 30, 2007; 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 act, the

amounts listed in this part are appropriated for the judicial

branch for the fiscal year ending September 30, 2007, 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............ 509.0

GROSS APPROPRIATION.................................... $ 257,343,400

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers............................................ 2,563,500

ADJUSTED GROSS APPROPRIATION........................... $ 254,779,800

Federal revenues:

Total federal revenues................................. 4,626,400

Special revenue funds:

Total local revenues................................... 3,612,400

Total private revenues................................. 842,500

Total other state restricted revenues.................. 87,178,500

State general fund/general purpose..................... $ 158,520,100

Sec. 102. SUPREME COURT

Full-time equated exempted positions............ 235.0

Supreme court administration--97.0 FTE positions....... $ 11,156,300

Judicial institute--16.0 FTE positions................. 2,727,000

State court administrative office--62.0 FTE positions.. 10,446,000

Judicial information systems--18.0 FTE positions....... 3,254,300

Direct trial court automation support--26.0 FTE

positions............................................ 3,612,400

Foster care review board--12.0 FTE positions........... 1,259,000

Community dispute resolution--4.0 FTE positions........ 2,277,300

Other federal grants................................... 275,000

Drug treatment courts.................................. 4,729,000

GROSS APPROPRIATION.................................... $ 39,736,300

Appropriated from:

Interdepartmental grant revenues:

IDG from department of community health................ 1,800,000

IDG from department of career development.............. 40,000

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.... 800,000

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.................... 540,400

Other federal grant revenues........................... 275,000

Special revenue funds:

Local - user fees...................................... 3,612,400

Private................................................ 169,000

Private - interest on lawyers trust accounts........... 232,700

Private - state justice institute...................... 370,800

Community dispute resolution fund...................... 2,277,300

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..................... $ 22,638,200

Sec. 103. COURT OF APPEALS

Full-time equated exempted positions............ 212.0

Court of appeals operations--212.0 FTE positions....... $ 19,106,600

Delay reduction contractual services................... 100

GROSS APPROPRIATION.................................... $ 19,106,700

Appropriated from:

Special revenue funds:

Court filing/motion fees............................... 1,958,500

Miscellaneous revenue.................................. 77,800

State general fund/general purpose..................... $ 17,070,400

Sec. 104. BRANCHWIDE APPROPRIATIONS

Full-time equated exempted positions.............. 4.0

Branchwide appropriations--4.0 FTE positions........... $ 8,192,500

GROSS APPROPRIATION.................................... $ 8,192,500

Appropriated from:

State general fund/general purpose..................... $ 8,192,500

Sec. 105. JUSTICES' AND JUDGES' COMPENSATION

Full-time judges positions...................... 613.0

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............................................... 9,498,100

Probate court judicial salary standardization.......... 4,599,700

Circuit court judges' state base salaries--217.0

judges............................................... 20,440,400

Circuit court judicial salary standardization.......... 9,922,100

New circuit judgeships effective January 2, 2007....... 479,400

Judges' retirement system defined contributions........ 3,065,200

OASI, social security.................................. 4,948,700

GROSS APPROPRIATION.................................... $ 94,020,200

Appropriated from:

Special revenue funds:

Court fee fund......................................... 7,090,200

State general fund/general purpose..................... $ 86,930,000

Sec. 106. JUDICIAL AGENCIES

Full-time equated exempted positions.............. 8.0

Judicial tenure commission--8.0 FTE positions.......... $ 1,003,900

GROSS APPROPRIATION.................................... $ 1,003,900

Appropriated from:

State general fund/general purpose..................... $ 1,003,900

Sec. 107. INDIGENT DEFENSE - CRIMINAL

Full-time equated exempted positions............. 50.0

Appellate public defender program--42.0 FTE positions.. $ 4,818,800

Appellate assigned counsel administration--8.0 FTE

positions............................................ 879,400

GROSS APPROPRIATION.................................... $ 5,698,200

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..................... $ 5,091,600

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....................... $ 68,033,500

Judicial technology improvement fund................... 4,465,000

GROSS APPROPRIATION.................................... $ 72,498,500

Appropriated from:

Special revenue funds:

Court equity fund...................................... 50,440,000

Judicial technology improvement fund................... 4,465,000

State general fund/general purpose..................... $ 17,593,500

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 2006-2007 is $245,698,600.00 and state

spending from state resources to be paid to local units of

government for fiscal year 2006-2007 is estimated at

$123,376,600.00. 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.................................. 4,429,000

TRIAL COURT OPERATIONS

Court equity fund reimbursements....................... $ 68,033,500

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.............. 9,498,100

Probate court judicial salary standardization.......... 4,599,700

Circuit court judicial salary standardization.......... 9,922,100

New circuit judgeships effective January 2, 2007....... 137,200

Grant to OASI contribution fund, employers share,

social security......................................... 833,200

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.................................................. $ 123,376,600

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.

(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. Unless otherwise specified, 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 comparable quality American goods or

services, or both, are available. Preference should be given to

goods or services, or both, manufactured or provided by Michigan

businesses 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,

2007 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.

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 house and senate

appropriations committees.

(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

house and senate appropriations committees, 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.

(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. 221. By October 15, 2006, the judiciary shall provide to

the senate and house appropriations subcommittees on judiciary and

the senate and house fiscal agencies a list of general fund/general

purpose budget cuts sufficient to reduce judiciary general

fund/general purpose spending by 7.93% in fiscal year 2006-2007 if

the K-16 ballot initiative is adopted by the voters of the state.

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, 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. 304. As a condition of expending appropriations made

under part 1, the judicial branch shall cooperate with the auditor

general regarding audits of the judicial branch conducted under

section 53 of article IV of the state constitution of 1963.

Sec. 305. As a condition of expending appropriations made

under part 1, and to avoid the overexpenditure of funds

appropriated under this act, the supreme court shall report

quarterly to members of the senate and house appropriations

subcommittees on the judiciary, the senate and house fiscal

agencies, and the state budget director on the status of accounts

set forth in part 1. The report required by this section shall

include quarterly, year-to-date, and projected expenditures by

funding source for each line item, and beginning balances and

quarterly, year-to-date, and projected revenues for each source of

revenue other than general fund/general purpose revenues.

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. (1) It is the intent of the legislature that from

the funds appropriated in part 1 for court of appeals operations,

the judiciary shall use the following revenue amounts for the

purpose of delay reduction:

(a) $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.

(b) $87,500.00 of additional fee revenue raised from the

increase in court of appeals motion fees from $75.00 to $100.00 and

from the increase from $150.00 to $200.00 in fees for motions for

immediate consideration or expedited appeal under section 321(1)(b)

and (c) of the revised judicature act of 1961, 1961 PA 236, MCL

600.321.

(2) It is the intent of the legislature that the judiciary

shall use the funds appropriated in part 1 for delay reduction

contractual services for the purpose of contracting for services to

further ongoing efforts toward reducing the amount of time taken to

process and dispose of appeals.

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 of each year, 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.

Sec. 317. From the funds appropriated in part 1 for transcript

fee reimbursement, the judiciary shall reimburse counties for

additional costs incurred in the event of a statutory increase in

transcript fees under section 2543 of the revised judicature act of