FY 2009-10 JUDICIARY BUDGET S.B. 249 (S-2): FLOOR SUMMARY


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Senate Bill 249 (Substitute S-2 as amended by the Committee of the Whole)
Committee: Appropriations

FY 2008-09 Year-to-Date Gross Appropriation $259,055,400


Changes from FY 2008-09 Year-to-Date:
  1. Judicial Technology Improvement Fund. The Governor included an increase to reflect increased revenue. This fund supports the Judicial Data Warehouse and the trial court case management system. The Senate concurred with the Governor. 350,000
2. Drunk Driving Case-flow Program. The Governor included an increase in this line item to reflect increased revenue. Funds are distributed to trial courts. The Senate concurred with the Governor. 300,000
3. Pilot Mental Health Court Programs. The Governor eliminated funding for this pilot program. The Senate included a $100 placeholder for this program. (523,500)
4. Intensive Probation Pilot Program. The Senate included an IDG from the Department of Corrections to fund an intensive probation pilot program. 980,000
5. Juvenile Training Pilot Project. The Senate included a placeholder for a pilot project to train criminal defense attorneys who accept court-appointed cases concerning juvenile delinquency, abuse, neglect, and protective services. 100
6. General Fund Reductions. The Governor included a 2.0% GF/GP reduction from the FY 2008-09 enacted budget. The Senate reduced GF/GP by an additional 10.0%, resulting in the following changes from the FY 2008-09 year-to-date appropriation: $228,100 in Supreme Court Administration; $45,900 for the Judicial Institute; $125,600 from the State Court administrative office; $15,700 for the Foster Care Review Board; $54,000 for the Judicial Information systems; $14,300 for Drug treatment courts; $373,400 for the Court of Appeals Operations; $18,300 for the Judicial Tenure Commission; $82,700 for the appellate public defender program; $14,800 for the appellate assigned counsel administration; and $2,163,500 for Court Equity Fund reimbursements. (3,136,300)
7. Economic Adjustments. These include increases for worker's compensation and building occupancy charges, and $1.0 million for employee economics. 1,164,700
8. Juror Compensation Fund Transfer. The Senate recommendation assumes a statutory change will be enacted to provide for the transfer of $2.5 million of surplus revenue in the Juror Compensation Fund to the General Fund 0
9. Other Changes. These include increases for OASI and social security for judges, as well as an increase in defined contribution costs for newly elected judges. 338,900
10. Comparison to Governor's Recommendation. The Senate is $3,553,900 Gross under and $4,534,000 GF/GP under the Governor.




Total Changes ($526,100)
  FY 2009-10 Senate Gross Appropriation $258,529,300
FY 2009-10 JUDICIARY BUDGET BOILERPLATE HIGHLIGHTS

Changes from FY 2008-09 Year to Date:
  1. Communication with the Legislature. The Governor removed language prohibiting the judicial branch from taking disciplinary action against an employee for communicating with a member of the Legislature or his or her staff. The Senate retained current year language. (Sec. 204)
2. Retention of Reports. The Governor removed the section requiring the judicial branch to retain reports and records. The Senate retained current year language. (Sec. 212)
3. Reporting Requirement. The Governor removed language requiring the judicial branch to report on each specific policy change made to implement enacted legislation. The section also prohibits the use of funds in Part 1 to prepare regulatory plans or promulgate rules that fail to reduce the disproportionate economic impact on small businesses pursuant to MCL 24.240. The Senate retained current year language. (Sec. 216)
4. Travel Restrictions. The Governor removed this section prohibiting the judicial branch from sending more than 1 employee to the same out-of-state conference or seminar. The Senate retained current year language. (Sec. 218)
5. General Fund Lapses. The Senate added language requiring a report on General Fund lapses. (Sec. 219)
6. Auditor General. The Governor removed language requiring the judicial branch to cooperate with the Auditor General regarding audits of the judicial branch. The Senate retained current year language. (Sec. 304)
7. Quarterly Reports. The Governor removed the section requiring quarterly reports on revenues and expenditures. The Senate retained current year language. (Sec. 305)
8. Pilot Mental Health Courts. The Governor removed language requiring the State Court Administrative Office to work with the Department of Community Health to develop guidelines for pilot mental health courts, and requiring trial courts to work with local community mental health programs to apply for funding for these pilot courts. The Senate modified this section to require an update on the status of the pilot courts by April 1. (Sec. 309)
9. Parental Rights Restoration Act. The Governor removed the reporting requirement for the number of petitions filed and granted under this act. The Senate retained current year language. (Sec. 312)
10. Standardized Risk Assessment. The Senate added language asking that the State Court Administrative Office conduct a survey of trial courts to determine best practices for standardized risk assessment. (Sec. 314)
11. Intensive Probation Pilot Program. The Senate added language establishing an intensive probation pilot program with an IDG from the Department of Corrections. (Sec. 318)
12. Juvenile Training Pilot Project. The Senate added language establishing a pilot project to train criminal defense attorneys who accept court-appointed cases concerning juvenile delinquency, abuse, neglect, and protective services. (Sec. 319)
13. Judicial Vacancies. The Senate allowed the State to delay the filling of non-incumbent Circuit Court judicial vacancies at the request of the funding unit and the State Court Administrator, if the incumbent justice is ineligible to stand for election due to the requirements of state law. (Sec. 320)

Date Completed: 6-11-09 Fiscal Analyst: Lindsay Hollander

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. 249/0910 Bill Analysis @ http://www.senate.michigan.gov/sfa This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations. sbjud_fs.doc