SB-0233, As Passed House, September 6, 2007

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 233

A bill to make appropriations for the judicial branch for the

fiscal year ending September 30, 2008; 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, 2008, from the

funds indicated in this part. The following is a summary of the

appropriations in this part:

JUDICIARY

APPROPRIATIONS SUMMARY:

Full-time equated exempted positions................ 0.0

GROSS APPROPRIATION.................................... $ 0

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers............................................ 0

ADJUSTED GROSS APPROPRIATION........................... $ 0

Federal revenues:

Total federal revenues................................. 0

Special revenue funds:

Total local revenues................................... 0

Total private revenues................................. 0

Total other state restricted revenues.................. 0

State general fund/general purpose..................... $ 0

Sec. 102. SUPREME COURT

Full-time equated exempted positions................ 0.0

Supreme court administration--0.0 FTE positions........ $ 0

Judicial institute--0.0 FTE positions.................. 0

State court administrative office--0.0 FTE positions... 0

Judicial information systems--0.0 FTE positions........ 0

Direct trial court automation support--0.0 FTE positions 0

Foster care review board--0.0 FTE positions............ 0

Community dispute resolution--0.0 FTE positions........ 0

Other federal grants................................... 0

Drug treatment courts.................................. 0

Mental health treatment courts......................... 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

Interdepartmental grant revenues:

IDG from department of community health................ 0

IDG from department of corrections – drug courts....... 0

IDG from department of corrections – mental health treatment

courts................................................ 0

IDG from state police - Michigan justice training fund. 0

Federal revenues:

DOJ, victims' assistance programs...................... 0

DOJ, drug court training and evaluation................ 0

DOT, national highway traffic safety administration.... 0

HHS, access and visitation grant....................... 0

HHS, children's justice grant.......................... 0

HHS, court improvement project......................... 0

HHS, title IV-D child support program.................. 0

HHS, title IV-E foster care program.................... 0

Other federal grant revenues........................... 0

Special revenue funds:

Local - user fees...................................... 0

Private................................................ 0

Private - interest on lawyers trust accounts........... 0

Private - state justice institute...................... 0

Community dispute resolution fund...................... 0

Law exam fees.......................................... 0

Drug court fund........................................ 0

Miscellaneous revenue.................................. 0

Justice system fund.................................... 0

State court fund....................................... 0

State general fund/general purpose..................... $ 0

Sec. 103. COURT OF APPEALS

Full-time equated exempted positions................ 0.0

Court of appeals operations--0.0 FTE positions......... $ 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

Special revenue funds:

Court filing/motion fees............................... 0

Miscellaneous revenue.................................. 0

State general fund/general purpose..................... $ 0

Sec. 104. BRANCHWIDE APPROPRIATIONS

Full-time equated exempted positions................ 0.0

Branchwide appropriations--0.0 FTE positions........... $ 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

State general fund/general purpose..................... $ 0

Sec. 105. JUSTICES' AND JUDGES' COMPENSATION

Full-time judges positions.......................... 0.0

Supreme court justices' salaries--0.0 judges........... $ 0

Court of appeals judges' salaries--0.0 judges.......... 0

District court judges' state base salaries--0.0

judges............................................... 0

District court judicial salary standardization......... 0

Probate court judges' state base salaries--0.0

judges............................................... 0

Probate court judicial salary standardization.......... 0

Circuit court judges' state base salaries--0.0

judges............................................... 0

Circuit court judicial salary standardization.......... 0

Judges' retirement system defined contributions........ 0

OASI, social security.................................. 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

Special revenue funds:

Court fee fund......................................... 0

State general fund/general purpose..................... $ 0

Sec. 106. JUDICIAL AGENCIES

Full-time equated exempted positions................ 0.0

Judicial tenure commission--0.0 FTE positions.......... $ 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

State general fund/general purpose..................... $ 0

Sec. 107. INDIGENT DEFENSE - CRIMINAL

Full-time equated exempted positions................ 0.0

Appellate public defender program--0.0 FTE positions... $ 0

Appellate assigned counsel administration--0.0 FTE

positions............................................ 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

Interdepartmental grant revenues:

IDG from state police - Michigan justice training fund. 0

Special revenue funds:

Private - interest on lawyers trust accounts........... 0

Miscellaneous revenue.................................. 0

State general fund/general purpose..................... $ 0

Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE

Indigent civil legal assistance........................ $ 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

Special revenue funds:

State court fund....................................... 0

State general fund/general purpose..................... $ 0

Sec. 109. TRIAL COURT OPERATIONS

Court equity fund reimbursements....................... $ 0

Judicial technology improvement........................ 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

Special revenue funds:

Court equity fund...................................... 0

Judicial technology improvement fund................... 0

State general fund/general purpose..................... $ 0

Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL

GOVERNMENT

Drug case-flow program................................. $ 0

Drunk driving case-flow program........................ 0

Juror compensation reimbursement....................... 0

Transcript fee reimbursement........................... 0

GROSS APPROPRIATION.................................... $ 0

Appropriated from:

Special revenue funds:

Drug fund.............................................. 0

Drunk driving fund..................................... 0

Juror compensation fund................................ 0

Transcript fee fund.................................... 0

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 2007-2008 is $0.00 and state spending

from state resources to be paid to local units of government for

fiscal year 2007-2008 is estimated at $0.00. The itemized statement

below identifies appropriations from which spending to local units

of government will occur:

JUDICIARY

SUPREME COURT

State court administrative office...................... $ 0

Drug treatment courts.................................. 0

TRIAL COURT OPERATIONS

Court equity fund reimbursements....................... $ 0

Judicial technology improvement fund................... 0

JUSTICES' AND JUDGES' COMPENSATION

District court judicial salary standardization......... $ 0

Probate court judges' state base salaries.............. 0

Probate court judicial salary standardization.......... 0

Circuit court judicial salary standardization.......... 0

Grant to OASI contribution fund, employers share,

social security..................................... 0

GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT

Drunk driving case-flow program........................ $ 0

Drug case-flow program................................. 0

Juror compensation reimbursement....................... 0

Transcript fee reimbursement........................... 0

TOTAL.................................................. $ 0

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 of 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. In addition, preference should 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. (1) Due to the current budgetary problems in this

state, out-of-state travel for the fiscal year ending September 30,

2008 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

Senate Bill No. 233 (H-6) as amended September 6, 2007 (1 of 2)

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. 216. From the funds appropriated in part 1, the chief justice shall implement continuous improvement efficiency mechanisms in the programs administered by the judicial branch. The continuous improvement efficiency mechanisms shall identify changes made in programs to increase efficiency and reduce expenditures in the programs. On March 31, 2008 and September 30, 2008, the chief justice shall submit a report to the state budget director, the senate and house appropriation subcommittees, and the senate and house fiscal agencies on the progress made toward increased efficiencies in judicial branch programs. At a minimum, each report shall include information on the program review process, the type of improvement mechanisms implemented, and actual and projected expenditure savings as a result of the increased program efficiencies.]

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, $325,100.00 is allocated for circuit court

reimbursement under section 3 of 1978 PA 16, MCL 800.453, and

$186,800.00 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. 306a. By April 1, the state court administrative office

shall submit a report regarding the feasibility of a pilot project

for third-party collection of court-ordered fines, fees, and costs,

including collection of victim restitution. The report shall be

submitted to the senate and house appropriations subcommittees on

judiciary, the senate and house fiscal agencies, and the state

budget director.

Sec. 307. 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.

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, 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.

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.

(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) 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.

(4) Funds appropriated in part 1 for drug treatment courts

include $1,300,000.00 appropriated as an interdepartmental grant

from the department of corrections, which is to be spent as

provided in section 413 of House Bill No. 4348 of the 94th

Legislature.

Sec. 314. By April 1, the state court administrative office

shall submit a report regarding the impact of Halbert v Michigan,

125 S Ct 2582 (2005), and related cases on the court system to the

senate and house appropriations subcommittees on judiciary, the

senate and house fiscal agencies, and the state budget director.

Sec. 316. (1) The funds appropriated in part 1 for mental

health treatment courts that are remaining after the allocations

permitted under subsection (2) shall only be used to fund a mental

health treatment court pilot program for cases involving mentally

ill nonviolent offenders.

(2) Funds appropriated in part 1 for mental health treatment

courts include $784,000.00 appropriated as an interdepartmental

grant from the department of corrections, which is to be spent as

provided in section 414 of House Bill No. 4348 of the 94th

Legislature.

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

1961, 1961 PA 236, MCL 600.2543.

Sec. 318. 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. 319. Of the funds appropriated in part 1 for the court of