SUBSTITUTE FOR
SENATE BILL NO. 957
A bill to make appropriations for the judiciary for the fiscal
year ending September 30, 2013; and to provide for the expenditure
of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
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, 2013, 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............ 472.0
GROSS APPROPRIATION.................................... $ 273,760,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,638,200
ADJUSTED GROSS APPROPRIATION........................... $ 271,121,900
Federal revenues:
Total federal revenues................................. 6,017,100
Special revenue funds:
Total local revenues................................... 7,049,300
Total private revenues................................. 921,800
Total other state restricted revenues.................. 86,382,200
State general fund/general purpose..................... $ 170,751,500
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................. $170,114,600
One-time state general fund/general
purpose..................................... $636,900
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 237.0
Supreme court administration--92.0 FTE positions....... $ 12,701,800
Judicial institute--13.0 FTE positions................. 2,151,300
State court administrative office--61.0 FTE positions.. 13,645,900
Judicial information systems--22.0 FTE positions....... 3,498,100
Direct trial court automation support--36.0 FTE
positions............................................ 6,970,700
Foster care review board--10.0 FTE positions........... 1,493,700
Community dispute resolution--3.0 FTE positions........ 2,350,900
Other federal grants................................... 275,100
Drug treatment courts.................................. 13,383,000
Community court pilot project.......................... 20,000
GROSS APPROPRIATION.................................... $ 56,490,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 1,800,000
IDG from department of corrections..................... 50,000
IDG from state police - Michigan justice training fund. 326,200
Federal revenues:
DOJ, victims assistance programs....................... 54,300
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 1,380,900
HHS, access and visitation grant....................... 593,800
HHS, children's justice grant.......................... 222,600
HHS, court improvement project......................... 1,251,900
HHS, title IV-D child support program.................. 979,700
HHS, title IV-E foster care program.................... 625,900
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 6,970,700
Private................................................ 182,500
Private - interest on lawyers trust accounts........... 251,100
Private - state justice institute...................... 401,000
Community dispute resolution fund...................... 2,350,900
Court of appeals filing/motion fees.................... 1,641,800
Law exam fees.......................................... 608,900
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 335,900
Justice system fund.................................... 755,400
State court fund....................................... 365,900
State general fund/general purpose..................... $ 32,845,500
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 175.0
Court of appeals operations--175.0 FTE positions....... $ 21,551,100
GROSS APPROPRIATION.................................... $ 21,551,100
Appropriated from:
State general fund/general purpose..................... $ 21,551,100
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,365,400
GROSS APPROPRIATION.................................... $ 8,365,400
Appropriated from:
State general fund/general purpose..................... $ 8,365,400
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 607.0
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--250.0
judges............................................... 23,183,300
District court judicial salary standardization......... 11,453,900
Probate court judges' state base salaries--104.0
judges............................................... 9,722,100
Probate court judicial salary standardization.......... 4,715,300
Circuit court judges' state base salaries--218.0
judges............................................... 20,558,100
Circuit court judicial salary standardization.......... 9,979,300
Judges' retirement system defined contributions........ 3,998,400
OASI, social security.................................. 5,559,800
GROSS APPROPRIATION.................................... $ 94,562,800
Appropriated from:
Special revenue funds:
Court fee fund......................................... 4,890,200
State general fund/general purpose..................... $ 89,672,600
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 1,084,600
GROSS APPROPRIATION.................................... $ 1,084,600
Appropriated from:
State general fund/general purpose..................... $ 1,084,600
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 49.0
Appellate public defender program--42.0 FTE positions.. $ 6,109,300
Appellate assigned counsel administration--7.0 FTE
positions............................................ 1,032,100
GROSS APPROPRIATION.................................... $ 7,141,400
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund. 452,900
Federal revenues:
Other federal grant revenues........................... 281,700
Special revenue funds:
Private - interest on lawyers trust accounts........... 79,000
Miscellaneous revenue.................................. 127,500
State general fund/general purpose..................... $ 6,200,300
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....................... $ 60,835,100
Judicial technology improvement fund................... 4,815,000
GROSS APPROPRIATION.................................... $ 65,650,100
Appropriated from:
Special revenue funds:
Court equity fund...................................... 50,440,000
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
Sec. 111. ONE-TIME BASIS ONLY APPROPRIATIONS
State employee lump-sum payments....................... $ 827,200
GROSS APPROPRIATION.................................... $ 827,200
Appropriated from:
One-time interdepartmental grant....................... 9,100
One-time federal revenue............................... 51,200
One-time local revenue................................. 78,600
One-time private revenue............................... 8,200
One-time state restricted revenue...................... 43,200
State general fund/general purpose..................... $ 636,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
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 2012-2013 is $257,133,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2012-2013 is $127,604,200.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 1,611,900
Drug treatment courts.................................. 13,383,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 60,835,100
Judicial technology improvement fund................... 4,815,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary standardization......... $ 11,453,900
Probate court judges' state base salaries.............. 9,722,100
Probate court judicial salary standardization.......... 4,715,300
Circuit court judicial salary standardization.......... 9,979,300
Grant to OASI contribution fund, employers share,
social security..................................... 938,600
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.................................................. $ 127,604,200
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, except as otherwise provided in this act. 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. The judicial branch receiving appropriations in part
1 shall receive and retain copies of all reports funded from
appropriations in part 1. Federal and state guidelines for short-
term and long-term retention of records shall be followed. The
judicial branch may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
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. 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 dates of each travel occurrence.
(b) The total 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.
Sec. 219. Not later than November 15, 2013, 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 develop, post, and maintain, on a user-friendly and
publicly accessible Internet site, all expenditures made by the
judicial branch within a fiscal year. The posting shall include the
purpose for which each expenditure is made. The judicial branch
shall not provide financial information on its website under this
section if doing so would violate a federal or state law, rule,
regulation, or guideline that establishes privacy or security
standards applicable to that financial information.
Sec. 222. Within 14 days after the release of the executive
budget recommendation, the judicial branch shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on the judiciary,
respectively, and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2012 and
September 30, 2013.
JUDICIAL BRANCH
Sec. 301. 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.
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, 2013, 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 department of
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. (1) From the funds appropriated in part 1 for drug
treatment courts, $6,000,000.00, including $1,641,800.00 from court
of appeals filing fees and motion fees and $87,600.00 of
miscellaneous revenue transferred from court of appeals funding,
shall be administered by the state court administrative office to
distribute as grants to qualifying courts to support a swift-and-
sure sanctions grant program. Of the $6,000,000.00 designated for
the program, not more than $100,000.00 shall be available to the
state court administrative office to pay for employee costs
associated with the administration of the program funds. Courts
interested in participating in the swift-and-sure sanctions program
may apply to the state court administrative office for a portion of
the funds appropriated in part 1 under this section.
(2) The state court administrative office may award the swift-
and-sure sanctions grant funds to any court that applies under
subsection (1), that intends to operate, or is already operating, a
swift-and-sure sanctions program, and that meets 1 or both of the
following qualifications:
(a) The court operates a drug treatment court.
(b) The court is part of a unified trial court system.
(3) The state court administrative office shall give the
following priority in awarding swift-and-sure sanctions grant
funds:
(a) Courts that have already had a swift-and-sure sanctions
program in operation in prior years and are making satisfactory
progress in establishing and improving their programs.
(b) Courts located in counties that have high numbers of
residents or former residents under the supervision of the
department of corrections.
(4) By April 1, 2013, a court that receives funding under this
section shall provide a report on the program to the state budget
director, the senate and house appropriations subcommittees on the
judiciary, and the senate and house fiscal agencies. The report
shall include all of the following:
(a) The number of offenders who participate in the program.
(b) The criminal history of offenders who participate in the
program.
(c) The recidivism rate of offenders who participate in the
program, including the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and parameters
of the program.
(5) As used in this section:
(a) "Program" means a swift-and-sure sanctions program.
(b) "Unified trial court system" means a trial court in which
all of the circuit, district, and probate court judges may be
assigned to any division of that trial court to meet the demands of
the trial court's caseload.
Sec. 321. It is the intent of the legislature that the
judicial branch support a statewide legal self-help Internet
website and local nonprofit self-help centers that use the
statewide website to provide assistance to individuals representing
themselves in civil legal proceedings.
Sec. 322. If Byrne formula grant funding is awarded to the
state appellate defender, the state appellate defender office may
receive and expend Byrne formula grant funds in an amount not
exceeding $250,000.00 as an interdepartmental grant from the
department of state police.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2014 for
the line items listed in part 1. The fiscal year 2013-2014
appropriations are anticipated to be the same as those for fiscal
year 2012-2013, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2013 consensus revenue estimating
conference.