Bill Text: MI HB5112 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Courts; funding; expenditures from court equity fund; require best practices. Amends sec. 151b of 1961 PA 236 (MCL 600.151b).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-10-25 - Printed Bill Filed 10/21/2011 [HB5112 Detail]
Download: Michigan-2011-HB5112-Introduced.html
HOUSE BILL No. 5112
October 20, 2011, Introduced by Reps. Heise and Walsh and referred to the Committee on Appropriations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 151b (MCL 600.151b), as amended by 1996 PA 524.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 151b. (1) The court equity fund is created in the state
treasury.
For each state fiscal year, beginning on or after October
1,
1996, each county shall receive
funds pursuant to under this
section from the court equity fund, which consists of the
following:
(a)
The portion of the state court fund set aside for the
operational
expenses of trial courts under section 151a(6)(a) and
(b)
and (7)(a) and (b).Proceeds
from the collection of revenue from
court assessments, fees, and costs as provided in this act.
(b)
The proceeds of the $4.25 portion of costs assessed by the
district
court as provided in section 8381.State
general funds as
appropriated in the annual fiscal year judicial branch
appropriation.
(c) Excess court fees transmitted by the state treasurer
pursuant
to under section 217 of the judges retirement act of 1992,
Act
No. 234 of the Public Acts of 1992, being section 38.2217 of
the
Michigan Compiled Laws.1992
PA 234, MCL 38.2217.
(d)
State general funds in an amount as follows:
(i) For the state fiscal year beginning October 1,
1996,
$18,436,700.00.
(ii) For the state fiscal year beginning October 1,
1997,
$25,796,400.00.
(iii) For the state fiscal year beginning October 1,
1998,
$29,796,400.00.
(iv) For the state fiscal year beginning October 1,
1999,
$33,796,400.00.
(v) For the state fiscal year beginning October 1,
2000,
$37,796,400.00.
(vi) For the state fiscal year beginning October 1,
2001 and
each
subsequent state fiscal year, $41,796,400.00.
(d) All income earned as a result of an investment of money in
the fund.
(2) The state treasurer may invest money in the fund in any
manner authorized by law for the investment of state money. An
investment shall not interfere with an apportionment, allocation,
or payment of money as required by this section.
(3) The unencumbered balance remaining in the fund at the end
of a fiscal year shall remain in the fund and shall not revert to
the general fund.
(4) (2)
For each state fiscal year, the
state court
administrative office shall do all of the following:
(a) Determine the relative caseload of each county and
multiply that percentage by the total amount available for
distribution from the court equity fund described in subsection (1)
for that fiscal year.
(b)
Determine the number of circuit, recorder's court,
probate, and district judges for each county and the ratio of that
sum
to the total number of the circuit, recorder's court, probate,
and district court judges statewide. If a judge serves more than 1
county, the county shall be credited for that judge only for the
fraction of the judicial salary standardization payment the state
reimburses that county.
(c) Multiply the amount determined under subdivision (a) for
each county by the sum of 1 and the ratio of judges for that county
determined under subdivision (b).
(d) Total the results for all counties determined under
subdivision (c).
(e) Divide the amount determined under subdivision (c) for
each county by the total determined under subdivision (d) and
multiply the amount by the total amount available for distribution
for the court equity fund described in subsection (1) for that
fiscal year. This represents the funds a county shall receive from
the court equity fund.
(f) Determine whether the county is in compliance with
subsection (5).
(3)
A hold harmless fund is created in the state treasury
through
September 30, 2001 and shall consist of state general funds
as
follows:
(a)
For the state fiscal year beginning October 1, 1996,
$20,000,000.00.
(b)
For the state fiscal year beginning October 1, 1997,
$16,000,000.00.
(c)
For the state fiscal year beginning October 1, 1998,
$12,000,000.00.
(d)
For the state fiscal year beginning October 1, 1999,
$8,000,000.00.
(e)
For the state fiscal year beginning October 1, 2000,
$4,000,000.00.
(4)
The following shall receive funds from the hold harmless
fund
in a state fiscal year beginning on or after October 1, 1996
as
provided in this subsection and subsection (5):
(a)
If a county receives a smaller amount under the formula in
subsection
(2) in a fiscal year than the amount that it received
from
the state court fund for the state fiscal year beginning
October
1, 1995 plus the amount it received for reimbursement of
compensation
paid to jurors under Act No. 149 of the Public Acts of
1995,
the county shall receive the difference.
(b)
If a city received an amount from the state court fund
under
section 9947 for the state fiscal year beginning October 1,
1995,
the city shall receive that amount.
(c)
The county of Wayne shall receive the difference of the
amount
determined under subparagraph (i) minus
the amount determined
under
subparagraph (ii):
(i) The total of the following:
(A)
The amount of general fund/general purpose funds paid for
the
third judicial circuit, recorder's court, and Wayne county
clerk
services by the supreme court under Act No. 149 of the Public
Acts
of 1995 for the state fiscal year beginning October 1, 1995.
(B)
The amount of the state court fund paid for the third
judicial
circuit, recorder's court, and Wayne county clerk services
by
the supreme court under Act No. 149 of the Public Acts of 1995
for
the state fiscal year beginning October 1, 1995.
(C)
The amount distributed under sections 217 and 304 of the
judges
retirement act of 1992, Act No. 234 of the Public Acts of
1992,
being sections 38.2217 and 38.2304 of the Michigan Compiled
Laws,
for the third judicial circuit for the state fiscal year
beginning
October 1, 1995.
(D)
$1,438,900.00 received by the county of Wayne for
reimbursement
of compensation paid to jurors under Act No. 149 of
the
Public Acts of 1995.
(E)
Two percent of the expenditures for salaries, wages, and
social
security and medicare taxes for employees of the state
judicial
council assigned to serve in the circuit court in the
third
judicial circuit and the recorder's court of the city of
Detroit
for the state fiscal year beginning October 1, 1995.
(ii) The sum of the amount the county of Wayne receives
under
the
formula in subsection (2) in that state fiscal year and the
amount
the county of Wayne receives under section 18a of the social
welfare
act, Act No. 280 of the Public Acts of 1939, being section
400.18a
of the Michigan Compiled Laws, in that state fiscal year.
(d)
The city of Detroit shall receive the difference of the
amount
determined under subparagraph (i) minus
the amount determined
under
subparagraph (ii):
(i) The total of the following:
(A)
The expenses for the district court in the thirty-sixth
district
for which the state was responsible and that the state
paid
out of appropriations under Act No. 149 of the Public Acts of
1995
for the state fiscal year beginning October 1, 1995.
(B)
$387,000.00 for full-year funding for 12 promotions and 8
new
hires after August 1, 1996.
(C)
Two percent of the expenditures for salaries, wages, and
social
security and medicare taxes for employees of the state
judicial
council assigned to serve in the district court in the
thirty-sixth
district for the state fiscal year beginning October
1,
1995 and 2% of the amount described in sub-subparagraph (B).
(ii) The total of the following:
(A)
Federal drug funds allocated by the supreme court for the
state
fiscal year beginning October 1, 1995 to offset operational
expenses
of the district court in the thirty-sixth district.
(B)
$7,150,000.00 payable by the city of Detroit to the state
under
section 9945.
(C)
The revenue due to the state from the Detroit parking
violation
bureau under section 9945(8) for the state fiscal year
beginning
October 1, 1995, as determined by the audit of the
auditor
general.
(D)
All court revenues received by the district court in the
thirty-sixth
district for the state fiscal year beginning October
1,
1995 and payable to the state under section 9945.
(E)
Any funds from private sources.
(5)
If the total amount payable under subsection (4) for a
state
fiscal year exceeds the amount available in the hold harmless
fund,
the amount paid to each recipient shall be reduced to a pro
rata
share of the funds available.
(6)
If the total amount available in the hold harmless fund
exceeds
the amount payable under subsection (4) for a state fiscal
year,
the balance shall be retained in a work project account at
the
end of the state fiscal year to be added to the amount
otherwise
available in the hold harmless fund in the next state
fiscal
year.
(5) For a county to receive distributions of funds under this
section from the court equity fund, the county-funded courts within
that county shall fulfill requirements established by the state
court administrative office to evaluate, formulate, and implement
best practices in the county-funded courts.
(6) (7)
The formula in subsection (2) (4) does
not include,
for purposes of applying the formula, the caseload of the district
court in any district or any municipal court.
(7) (8)
Distributions of funds under this
section from the
court
equity fund and the hold harmless fund shall be made every 3
months.before the last business day of January, April,
July, and
November of each year.
(8) Any unexpended funds withheld due to a county's
noncompliance with subsection (5) shall not lapse at the end of the
fiscal year but shall continue to be available for expenditure to
ensure best practices are being evaluated, formulated, and
implemented by the noncompliant county or any other county.
(9) As used in this section:
(a) "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:
(i) 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.
(ii) 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.
(iii) 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, including, but not limited
to, performance measures.
(b) (a)
"Qualifying period" means
the following:
(i) For the state fiscal year beginning October 1,
1996,
calendar
year 1995.
(ii) For the state fiscal year beginning October 1,
1997, the
last
2 calendar years for which reasonably complete trial court
caseload
statistics are available.
(iii) For the state fiscal year beginning October 1,
1998 and
each
subsequent state fiscal year, the
last 3 calendar years for
which reasonably complete trial court caseload statistics are
available.
(c) (b)
"Relative caseload"
means, for each county, the
percentage derived by dividing the sum of the amounts determined
under
the following subparagraphs (i) and (ii) by the sum of the
caseloads
of all judicial circuits statewide
, the caseload of the
recorder's
court of the city of Detroit, and
the caseloads of the
probate court statewide for the qualifying period:
(i) The portion of the caseload of a judicial circuit
attributable
to that county for the qualifying period. For the
county
of Wayne, that portion shall also include the caseload of
the
recorder's court of the city of Detroit for the qualifying
period.
(ii) One of the following:
(A) The caseload of the probate court in that county for the
qualifying period if only that county funds the probate court.
(B) The portion of the caseload of the probate district
attributable to that county for the qualifying period if the county
is in a probate district.
