SB0081: SENATE APPROPRIATIONS REC. (Date Completed: 5-10-21)

FY 2021-22 JUDICIARY BUDGET S.B. 81 (S-2): SENATE APPROPRIATIONS REC.

Senate Bill 81 (S-2 as reported) Throughout this document Senate means Appropriations Committee.

Committee: Appropriations

			CHANGES FROM FY 2020-21 YEAR-TO-DATE
FULL-TIME EQUATED (FTE) CLASSIFIED POSITIONS/FUNDING SOURCE	FY 2020-21 YEAR-TO-DATE*	FY 2021-22 SEN. FULL COMM.	AMOUNT	PERCENT
FTE Positions............................................................	513.0	521.0	8.0	1.6
GROSS.....................................................................	313,641,200	338,412,500	24,771,300	7.9
Less:
Interdepartmental Grants Received.......................	1,552,800	1,652,300	99,500	6.4
ADJUSTED GROSS.................................................	312,088,400	336,760,200	24,671,800	7.9
Less:
Federal Funds........................................................	6,393,500	6,374,800	(18,700)	(0.3)
Local and Private....................................................	8,883,000	8,842,400	(40,600)	(0.5)
TOTAL STATE SPENDING......................................	296,811,900	321,543,000	24,731,100	8.3
Less:
Other State Restricted Funds.................................	94,877,600	94,312,700	(564,900)	(0.6)
GENERAL FUND/GENERAL PURPOSE.................	201,934,300	227,230,300	25,296,000	12.5
PAYMENTS TO LOCALS.........................................	146,925,300	148,056,300	1,131,000	0.8

*As of February 8, 2021.

	Gross	GF/GP
FY 2020-21 Year-to-Date Appropriation...............................................	$313,641,200	$201,934,300

Changes from FY 2020-21 Year-to-Date:
1. Legal Fees Administration by the State Appellate Defender Office (SADO). The Senate included funding for the SADO to administer a fund to cover legal fees for State employees and State agencies as per MCL 691.1408.	20,000,000	20,000,000
2. MiFile Implementation. The Governor recommended 8.0 FTEs and restricted revenue to further implement the statewide eFile system. The Senate concurred.	821,800	0
3. Problem Solving Courts. The Governor moved additional GF/GP from previous year's one-time section to the ongoing section. The Senate concurred.	600,000	600,000
4. SADO Minimum Funding. The Governor restored funding from previous year COVID-19 reductions, which would allow SADO to fill three vacant attorney positions. The Senate concurred.	360,700	360,700
5. Contract Attorneys for the Judicial Tenure Commission (JTC). The Senate included One-time GF for the JTC to contract attorneys to assist with the judicial complaint backlog and to argue before the Supreme Court on ongoing cases.	204,000	204,000
6. Legal Help Website Maintenance. The Governor included additional GF/GP to maintain the State's legal self-help website. The Senate concurred.	200,000	200,000
7. Permanent Staff Attorney Added to the JTC. The Senate included ongoing funding for the JTC to add a permanent staff attorney, raising the total attorneys employed to investigate judicial misconduct from 3 to 4.	182,000	182,000
8. Justice Training Grant Revenue. The Governor included IDG revenue awarded by the Michigan Commission on Law Enforcement Standards (MCOLES). The Senate concurred.	100,000	0
9. Juvenile Lifer Resentencing. The Governor moved the appropriation to the SADO from the one-time section to the ongoing section and increased the line by $58,000. The Senate concurred in the amount but kept the funding in the one-time section.	58,000	58,000
10. Judicial Compensation Fund Shift. The Governor recommended a shortfall in restricted revenue for judicial salaries be filled by GF/GP. The Senate concurred.	0	1,358,600
11. Court of Appeals Operations. The Governor included GF for the Court of Appeals leadership and support positions. The Senate did not include.	0	0
12. Expungement Package Implementation. The Governor included $605,000 GF for implementation of statutory changes to the State's expungement laws. The Senate did not include this increase for FY 2021-22.	0	0
13. Innovative Pretrial Services. The Governor included funding for pretrial services and 1 FTE. The Senate did not include.	0	0
14. Recommended Judicial Reduction. The Governor removed one District Judge position as per the Judicial Resources Recommendation produced by the State Court Administrative Office (SCAO). The Senate concurred.	(164,400)	(164,400)
15. One-Time Removals. The Governor removed previous year one-time funding for problem solving courts ($600,000) and pretrial risk assessment evaluation ($325,700). The Senate concurred.	(925,700)	(925,700)
16. Economic Adjustments. Includes $3,334,900 Gross and $3,422,800 GF/GP for total economic adjustments, of which an estimated negative $1,850,500 Gross and a negative $1,491,300 GF/GP is for legacy retirement costs (pension and retiree health).	3,334,900	3,422,800
17. Comparison to Governor's Recommendation. The Senate is $18,907,400.00 Gross and $18,907,400.00 GF/GP over the Governor.

Total Changes.........................................................................................	$24,771,300	$25,296,000
FY 2021-22 Senate Appropriations Committee Recommendation...........	$338,412,500	$227,230,300

Boilerplate Changes from FY 2020-21 Year-to-Date:

1. Definitions. The Governor removed definitions of acronyms not used in the recommendation. The Senate concurred. (Sec. 203)

2. Domestic Goods and Services. The Governor amended a section requiring preference be given to the purchase of domestic goods and services; preference to be given to the extent permissible under MCL 18.1261. The Senate did not include the amended language. (Sec. 205)

3. Lapse Reporting. The Governor amended a section requiring the State Budget Office report annually on GF/GP lapse. The amended section would push the reporting date back one month to December 31, annually. The Senate retained the section as is. (Sec. 209)

4. Disciplinary Action. The Governor removed a section prohibiting disciplinary action against Judicial employees who communicate with legislative members or staff. The Senate retained the section. (Sec. 215)

5. Deleted - Foster Parent Input. The Governor removed a section requiring judges to publicly request input of foster parents during foster care hearings. The Senate concurred. (Sec. 216)

6. Deleted - Explanation of Foster Care Service Plan Changes. The Governor removed a section requiring judges provide an explanation of changes to a foster care family service plan. The Senate concurred. (Sec. 217)

7. Interagency Collaboration for Swift & Sure. The Governor removed a requirement that the SCAO identify programs available for Swift & Sure participants. The Senate retained the section. (Sec. 218)

8. Report Retention. The Governor removed a requirement that the Judicial branch retain copies of all reports funded from appropriations. The Senate retained the section. (Sec. 219)

9. (NEW) - Legal Fees Administration. The Senate included a section directing SADO to administer and make payments from a new fund and in line in part 1 to cover legal fees for State employees and agencies. (Sec. 220)

10. Deleted - Parental Rights Reporting Requirement. The Governor removed a section requiring a report on the number of petitions filed and granted of minors seeking a waiver of parental consent. The Senate concurred. (Sec. 312)

11. Deleted - Pretrial Risk Assessment Pilot and Report. The Governor removed a section requiring a pretrial risk assessment tool pilot and subsequent report, as the report is due March 31, 2021. The Senate concurred. (Sec. 316)

12. Deleted - State-Owned Vehicle Prohibition. The Senate removed a section prohibiting assignment of State-owned vehicles to judicial branch employees and judges. The section was deemed unnecessary. (Sec. 317)

13. Swift & Sure Sanctions Amendments. The Governor removed some reporting requirements from the annual Swift & Sure Sanctions report. The Senate retained the section as is. (Sec. 320)

14. Medication-Assisted Treatment Program Report. The Senate added a subsection to require the Judiciary to report on the voluntary medication-assisted treatment program. (Sec. 324)

15. Juvenile Lifer Resentencing and Report. The Governor moved previous year boilerplate language concerning the Juvenile Lifer Resentencing program and annual report from the one-time section to the ongoing section. The Senate kept the section in One-time. (Secs. 326 & 402)

16. One-Time Removals. The Governor removed a one-time section concerning a veterans court pilot program. The Senate concurred. (Sec. 403)

Date Completed: 5-10-21 Fiscal Analyst: Michael Siracuse

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.