October 26, 2011, Introduced by Reps. Cotter, Heise and Somerville and referred to the Committee on Appropriations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 323d and 625h (MCL 257.323d and 257.625h),
section 323d as added by 1993 PA 359 and section 625h as amended by
1999 PA 73.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 323d. (1) The drug case information management fund is
created as a separate fund in the state treasury. The purpose of
the fund is to help defray the costs of complying with requirements
for the timely management and reporting to the secretary of state
of information concerning cases involving an attempt to violate, a
conspiracy
to violate, or a violation of part 74 or section 17766a
of
the public health code, Act No. 368 of the Public Acts of 1978,
being
sections 333.7401 to 333.7461 and 333.17766a of the Michigan
Compiled
Laws, 1978 PA 368, MCL
333.7401 to 333.7461, or of a local
ordinance
that prohibits conduct prohibited under part 74 or
section
17766a of Act No. 368 of the Public Acts of 1978. of the
public health code, 1978 PA 368, MCL 333.7401 to 333.7461. Money in
the fund shall be expended only as provided in subsection (3).
(2) The state treasurer shall credit the drug case information
management fund with the money collected from license reinstatement
fees
as provided in section 320e(2). 320e(3).
The state treasurer
may invest money contained in the drug case information management
fund in any manner authorized by law for the investment of state
money. However, an investment shall not interfere with any
apportionment, allocation, or payment of money as required by this
section. The state treasurer shall credit all earnings from the
fund to the fund. Money in the fund at the end of the fiscal year
shall
remain in the fund, and shall not revert to the general fund,
and shall continue to be available for distribution to ensure best
practices are being evaluated, formulated, and implemented by the
noncomplying circuit, district, or probate court or other circuit,
district, or probate court.
(3) The state court administrator, at the direction of the
supreme court and upon confirmation of the amount by the state
treasurer, shall distribute money from the drug case information
management
fund the total amount available in a fiscal year to each
circuit of the circuit court, each district of the district court,
and each probate court that has fulfilled the requirements
established by the state court administrative office to evaluate,
formulate, and implement best practices as provided in this
subsection. The state court administrator, after reimbursement of
costs
as provided in this subsection, shall distribute the balance
of
money from the drug case information management fund annually
after costs are disbursed to each circuit of the circuit court,
each district of the district court, and each probate court that
has fulfilled the requirements established by the state court
administrative office to evaluate, formulate, and implement best
practices. The money shall be distributed in an amount determined
by multiplying the amount available for distribution by a fraction,
the numerator of which is the number of cases in which the
defendant was charged with an attempt to violate, a conspiracy to
violate,
or a violation of part 74 or section 17766a of Act No. 368
of
the Public Acts of 1978, of
the public health code, 1978 PA 368,
MCL 333.7401 to 333.7461, or a local ordinance that prohibits
conduct
prohibited under part 74 or section 17766a of Act No. 368
of
the Public Acts of 1978, of
the public health code, 1978 PA 368,
MCL 333.7401 to 333.7461, in the prior calendar year in that
circuit of the circuit court, that district of the district court,
or that probate court, as certified by the state court
administrator, and the denominator of which is the total number of
cases in all circuits of the circuit court, all districts of the
district court, and all probate courts in which the defendant was
charged with an attempt to violate, a conspiracy to violate, or a
violation
of part 74 of section 17766a of Act No. 368 of the Public
Acts
of 1978, of the public health
code, 1978 PA 368, MCL 333.7401
to 333.7461, or a local ordinance that prohibits conduct prohibited
under
that part. 74 or section 17766a of Act No. 368 of the
Public
Acts
of 1978. The state court
administrative office shall be
reimbursed annually from the drug case information management fund
for all reasonable costs associated with the administration of this
section, including judicial and staff training, on-site management
assistance, forms development and conversion, and software
development and conversion.
(4) As used in this section, "best practices" means a set of
methods and processes used by courts to improve performance and
efficiency, as determined by the state court administrative office,
including, but not limited to, the following categories:
(a) Category 1, accountability and transparency, requires each
eligible court to certify that it has produced, and made readily
available to the public over the internet, a performance dashboard
approved by the state court administrative office.
(b) Category 2, consolidation of services, requires each
eligible court to certify that it has entered into, and made
readily available to the public over the internet, a concurrent
jurisdiction plan and a consolidation plan to increase its existing
level of cooperation, collaboration, and cooperation with other
courts.
(c) Category 3, court improvement and technology, requires
each eligible court to certify that it has produced, and made
readily available to the public over the internet, a plan for the
effective use of technology and court improvement as determined by
the state court administrative office that includes, but is not
limited to, performance measures.
Sec. 625h. (1) The drunk driving prevention equipment and
training fund is created as a separate fund in the state treasury.
Money in the fund shall be expended only as provided in subsection
(2). The state treasurer shall credit to the fund all money
received
for that purpose under section 320e
, and as otherwise
provided by law. The state treasurer shall invest money in the fund
in
the same manner as surplus funds are invested under section 143
3 of 1855 PA 105, MCL 21.143. Earnings from the fund shall be
credited to the fund. Money in the fund at the end of the fiscal
year
shall remain in the fund , and
shall not revert to the general
fund.
(2) The department of state police shall administer the fund.
Money in the fund shall be used only to administer the fund, to
purchase and maintain breath alcohol testing equipment, and to
provide training to law enforcement personnel of this state in the
use of that breath alcohol testing equipment.
(3) The department of treasury shall, before November 1 of
each year, notify the department of state police of the balance in
the fund at the close of the preceding fiscal year.
(4) The department of state police shall promulgate rules to
implement subsection (2).
(5) The drunk driving caseflow assistance fund is created as a
separate fund in the state treasury. The purpose of the fund is to
promote the timely disposition of cases in which the defendant is
charged with a violation of any of the following or a local
ordinance substantially corresponding to any of the following:
(a) Section 625 or 625m.
(b) Section 80176, 81134, 81135, or 82127 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.80176, 324.81134, 324.81135, and 324.82127.
(6) Money in the fund shall be expended only as provided in
subsection (8).
(7) The state treasurer shall credit the drunk driving
caseflow assistance fund with deposits of proceeds from the
collection of revenue from license reinstatement fees as provided
for
in section 320e , and
all income from investment credited to
the fund by the state treasurer. The state treasurer may invest
money contained in the drunk driving caseflow assistance fund in
any manner authorized by law for the investment of state money.
However, an investment shall not interfere with any apportionment,
allocation, or payment of money as required by this section. The
state treasurer shall credit to the fund all income earned as a
result of an investment. Money in the fund at the end of the fiscal
year shall remain in the fund and shall not revert to the general
fund, and shall continue to be available for distribution to ensure
best practices are being evaluated, formulated, and implemented by
the noncomplying district or municipal court or other district or
municipal court.
(8) The state court administrator, at the direction of the
supreme court and upon confirmation of the amount by the state
treasurer, shall distribute money from the drunk driving caseflow
assistance
fund the total amount available in a fiscal year to each
district of the district court and each municipal court that
fulfills the requirements established by the state court
administrative office to evaluate, formulate, and implement best
practices as provided in this section. The state court
administrator, after reimbursement of costs as provided in this
subsection,
shall distribute the balance of money
from the drunk
driving caseflow assistance fund annually to each district of the
district court and each municipal court that fulfills the
requirements established by the state court administrative office
to evaluate, formulate, and implement best practices. The money
shall be distributed in an amount determined by multiplying the
amount available for distribution by a fraction, the numerator of
which is the number of cases in which the defendant was charged
with a violation enumerated in subsection (5) in the prior calendar
year in that district of the district court or that municipal court
as certified by the state court administrator and the denominator
of which is the total number of cases in all districts of the
district court and all municipal courts in which the defendant was
charged with a violation enumerated in subsection (5) in the
calendar year. The state court administrative office shall be
reimbursed annually from the drunk driving caseflow assistance fund
for all reasonable costs associated with the administration of this
section, including judicial and staff training, on-site management
assistance, and software development and conversion.
(9) As used in this section, "best practices" means a set of
methods and processes used by courts to improve performance and
efficiency, as determined by the state court administrative office,
including, but not limited to, the following categories:
(a) Category 1, accountability and transparency, requires each
eligible court to certify that it has produced, and made readily
available to the public over the internet, a performance dashboard
approved by the state court administrative office.
(b) Category 2, consolidation of services, requires each
eligible court to certify that it has entered into, and made
readily available to the public over the internet, a concurrent
jurisdiction plan and a consolidation plan to increase its existing
level of cooperation, collaboration, and cooperation with other
courts.
(c) Category 3, court improvement and technology, requires
each eligible court to certify that it has produced, and made
readily available to the public over the internet, a plan for the
effective use of technology and court improvement as determined by
the state court administrative office that includes, but is not
limited to, performance measures.