Bill Text: MI SB0143 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Appropriations; zero budget; judiciary; provide for fiscal year 2017-2018. Creates appropriations act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-04 - Referred To Committee On Appropriations [SB0143 Detail]
Download: Michigan-2017-SB0143-Engrossed.html
SB-0143, As Passed Senate, May 4, 2017
SUBSTITUTE FOR
SENATE BILL NO. 143
A bill to make appropriations for the judiciary for the fiscal
year ending September 30, 2018; and to provide for the expenditure
of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the judiciary for the
fiscal year ending September 30, 2018, from the following funds:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions............ 499.0
GROSS APPROPRIATION.................................... $ 299,437,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,550,600
ADJUSTED GROSS APPROPRIATION........................... $ 297,886,700
Federal revenues:
Total federal revenues................................. 6,464,100
Special revenue funds:
Total local revenues................................... 5,955,300
Total private revenues................................. 969,600
Total other state restricted revenues.................. 92,529,000
State general fund/general purpose..................... $ 191,968,700
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 246.0
Community dispute resolution--3.0 FTE positions........ $ 2,384,000
Direct trial court automation support--44.0 FTE
positions............................................ 5,955,300
Drug treatment courts.................................. 11,833,000
Foster care review board--10.0 FTE positions........... 1,317,100
Judicial information systems--22.0 FTE positions....... 3,164,100
Judicial institute--13.0 FTE positions................. 1,819,400
Mental health courts and diversion service--1.0 FTE
position............................................. 5,464,000
Next generation Michigan court system.................. 4,116,000
Other federal grants................................... 275,100
State court administrative office--61.0 FTE positions.. 12,306,400
Supreme court administration--92.0 FTE positions....... 13,765,800
Swift and sure sanctions program....................... 4,300,000
Veterans courts........................................ 500,000
GROSS APPROPRIATION.................................... $ 67,200,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 50,600
IDG from department of state police.................... 1,500,000
Federal revenues:
DOJ, drug court training and evaluation................ 300,000
DOT, National Highway Traffic Safety Administration.... 2,214,400
HHS, access and visitation grant....................... 622,900
HHS, children's justice grant.......................... 236,100
HHS, court improvement project......................... 1,320,600
HHS, title IV-D child support program.................. 1,031,800
HHS, title IV-E foster care program.................... 395,900
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 5,955,300
Private................................................ 193,400
Private - interest on lawyers' trust accounts.......... 266,100
Private - state justice institute...................... 425,300
Community dispute resolution fund...................... 2,384,000
Court of appeals filing/motion fees.................... 1,641,800
Drug court fund........................................ 1,920,500
Justice system fund.................................... 581,000
Law exam fees.......................................... 657,000
Miscellaneous revenue.................................. 275,700
State court fund....................................... 388,000
State general fund/general purpose..................... $ 44,564,700
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 175.0
Court of appeals operations--175.0 FTE positions....... $ 23,446,900
GROSS APPROPRIATION.................................... $ 23,446,900
Appropriated from:
State general fund/general purpose..................... $ 23,446,900
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 9,123,100
GROSS APPROPRIATION.................................... $ 9,123,100
Appropriated from:
State general fund/general purpose..................... $ 9,123,100
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 593.0
Supreme court justices' salaries--7.0 justices......... $ 1,152,300
Circuit court judges' state base salaries--214.0
judges............................................... 21,364,800
Circuit court judicial salary standardization.......... 9,785,000
Court of appeals judges' salaries--27.0 judges......... 4,252,700
District court judges' state base salaries--237.0
judges............................................... 23,254,600
District court judicial salary standardization......... 10,836,700
Probate court judges' state base salaries--103.0
judges............................................... 10,203,000
Probate court judicial salary standardization.......... 4,669,600
Judges' retirement system defined contributions........ 4,761,200
OASI, Social Security.................................. 5,954,100
GROSS APPROPRIATION.................................... $ 96,234,000
Appropriated from:
Special revenue funds:
Court fee fund......................................... 2,702,100
State general fund/general purpose..................... $ 93,531,900
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 1,149,700
GROSS APPROPRIATION.................................... $ 1,149,700
Appropriated from:
State general fund/general purpose..................... $ 1,149,700
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 51.0
Appellate public defender program--51.0 FTE positions.. $ 7,795,000
GROSS APPROPRIATION.................................... $ 7,795,000
Appropriated from:
Federal revenues:
Other federal grant revenues........................... 67,300
Special revenue funds:
Private - interest on lawyers' trust accounts.......... 84,800
Miscellaneous revenue.................................. 136,900
State general fund/general purpose..................... $ 7,506,000
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance........................ $ 7,937,000
GROSS APPROPRIATION.................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund....................................... 7,937,000
State general fund/general purpose..................... $ 0
Sec. 109. TRIAL COURT OPERATIONS
Full-time equated exempted positions.............. 5.0
Court equity fund reimbursements....................... $ 60,815,700
Drug case-flow program................................. 250,000
Drunk driving case-flow program........................ 3,300,000
Judicial technology improvement fund................... 4,815,000
Juror compensation reimbursement....................... 6,600,000
Statewide e-file system--5.0 FTE positions............. 8,500,000
GROSS APPROPRIATION.................................... $ 84,280,700
Appropriated from:
Special revenue funds:
Court equity fund...................................... 50,440,000
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Electronic filing fee fund............................. 8,500,000
Judicial technology improvement fund................... 4,815,000
Juror compensation fund................................ 6,600,000
State general fund/general purpose..................... $ 10,375,700
Sec. 110. ONE-TIME BASIS ONLY APPROPRIATIONS
Full-time equated exempted positions............. 11.0
Compliance with USSC Montgomery v Louisiana
decision--11.0 FTE positions......................... $ 700,000
Expansion of problem solving courts.................... 1,570,700
GROSS APPROPRIATION.................................... 2,270,700
Appropriated from:
State general fund/general purpose..................... $ 2,270,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
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 2017-2018 is $284,497,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2017-2018 is $147,094,000.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
JUDICIARY
State court administrative office...................... $ 300,000
Drug treatment courts.................................. 11,833,000
Mental health courts and diversion services............ 5,331,400
Veterans courts........................................ 500,000
Swift and sure sanctions program....................... 4,200,000
Next generation Michigan court system.................. 4,116,000
Court equity fund reimbursements....................... 60,815,700
Judicial technology improvement fund................... 4,815,000
Drunk driving case-flow program........................ 3,300,000
Statewide e-file system................................ 8,500,000
Drug case-flow program................................. 250,000
Juror compensation reimbursement....................... 6,600,000
District court judicial salary standardization......... 10,836,700
Probate court judges' state base salaries.............. 10,203,000
Probate court judicial salary standardization.......... 4,669,600
Circuit court judicial salary standardization.......... 9,785,000
Grant to OASI contribution fund, employer's share,
social security..................................... 1,038,600
TOTAL.................................................. $ 147,094,000
Sec. 202. (1) The appropriations authorized under this part
and part 1 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 part and part 1:
(a) "DOJ" means the United States Department of Justice.
(b) "DOT" means the United States Department of
Transportation.
(c) "FTE" means full-time equated.
(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.
(g) "SADO" means the state appellate defender office created
under the appellate defender act, 1978 PA 620, MCL 780.711 to
780.719.
(h) "Title IV-D" means the part of the federal social security
act, 42 USC 301 to 1397mm, pertaining to the child support
enforcement program.
(i) "Title IV-E" means the part of the federal social security
act, 42 USC 301 to 1397mm, pertaining to the foster care program.
Sec. 204. The reporting requirements of this part shall be
completed with the approval of, and at the direction of, the
supreme court, except as otherwise provided in this part. The
judicial branch shall use the internet to fulfill the reporting
requirements of this part. 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. 205. 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 shall 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 shall 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. 207. Not later than January 1 of each year, the state
court administrative office shall prepare a report on out-of-state
travel 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 senate and
house appropriations committees, the senate and house fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The dates of each travel occurrence.
(b) 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.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major program or program areas. The report shall be
transmitted to the chairpersons of the senate and house
appropriations committees and the senate and house fiscal agencies.
Sec. 211. From the funds appropriated in part 1, the judicial
branch shall maintain a searchable website accessible by the public
at no cost that includes all expenditures made by the judicial
branch within a fiscal year. The posting shall include the purpose
for which each expenditure is made. The judicial branch shall not
provide financial information on its website under this section if
doing so would violate a federal or state law, rule, regulation, or
guideline that establishes privacy or security standards applicable
to that financial information.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the judicial branch shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2017 and September 30, 2018.
Sec. 213. The judiciary shall maintain, on a publicly
accessible website, a scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve
the judiciary's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2018 are $13,963,100.00. From this amount, total judiciary
appropriations for pension-related legacy costs are estimated at
$7,815,500.00. Total appropriations for judiciary retiree health
care legacy costs are estimated at $6,777,600.00.
Sec. 215. 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. 216. It is the intent of the legislature that judges who
are presiding over a hearing on a foster care case shall publicly
acknowledge and request the input of the foster parent or foster
parents during the hearing.
Sec. 217. If the judicial branch makes any changes to a foster
care family service plan before its finalization, it is the intent
of the legislature that the presiding judge provide an explanation
for any changes to that plan in the court record.
Sec. 218. From the funds appropriated in part 1, the state
court administrative office shall evaluate programs within the
department of health and human services and the department of
talent and economic development to establish programmatic
connections with the participants in the swift and sure sanctions
program. The purpose of this relationship is to leverage
collaborations and to determine avenues of success for offenders
who are eligible for state-provided programs. By March 1, the state
court administrative office shall deliver guidance to courts
participating in the swift and sure sanctions program under the
probation swift and sure sanctions act, chapter XIA of the code of
criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8, detailing
the evaluations and directing participants into available
programming.
Sec. 219. The judicial branch shall receive and retain copies
of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records
shall be followed. The judicial branch may electronically retain
copies of reports unless otherwise required by federal and state
guidelines.
JUDICIAL BRANCH
Sec. 301. From the funds appropriated in part 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.
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, $711,900.00 is allocated for circuit court
reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for
costs associated with the court of claims.
Sec. 304. (1) From the funds appropriated in part 1 for the
judicial technology improvement fund, $815,000.00 is allocated for
trial court videoconferencing equipment updating and maintenance
and $400,000.00 is allocated for the Michigan legal self-help
program.
(2) The state court administrative office shall ensure that
judicial data warehouse data from all courts in this state are
submitted to the legislative council. Available funds shall be used
for grants to local courts to support necessary improvements to
ensure complete data submission from all courts in this state.
(3) A member of the legislature may request a report from the
data collected in the Judicial Data Warehouse. A report created
under this section is subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
Sec. 306. By February 1, the state court administrative office
shall produce a statistical report, categorized by county,
regarding both the collected and uncollected amounts of restitution
payments, court fees, and any other applicable judgments placed
upon persons within the county, reported for the year 2016.
Sec. 307. From the funds appropriated in part 1 for mental
health courts and diversion services, $1,730,000.00 is intended to
address the recommendations of the mental health diversion council.
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. If an appropriation is made
under this section, the state court administrative office shall
notify, within 14 days of the appropriation, the senate and house
standing committees on appropriations, the senate and house
appropriations subcommittees on judiciary, the senate and house
fiscal agencies, and the state budget office.
Sec. 309. By April 1, the state court administrative office
shall provide a report on drug treatment, mental health, and
veterans court programs in this state. The report shall include
information on the number of each type of program that has been
established, the number of program participants in each
jurisdiction, and the impact of the programs on offender criminal
involvement and recidivism. 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. 311. (1) The funds appropriated in part 1 for drug
treatment courts as that term is defined in section 1060 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1060, shall be
administered by the state court administrative office to operate
drug treatment court programs. A drug treatment court shall be
responsible for handling cases involving substance abusing
nonviolent offenders through comprehensive supervision, testing,
treatment services, and immediate sanctions and incentives. A drug
treatment court shall use all available county and state personnel
involved in the disposition of cases including, but not limited to,
parole and probation agents, prosecuting attorneys, defense
attorneys, and community corrections providers. The funds may be
used in connection with other federal, state, and local funding
sources.
(2) From the funds appropriated in part 1, the chief justice
shall allocate sufficient funds for the Michigan judicial institute
to provide in-state training for those identified in subsection
(1), including training for new drug treatment court judges.
(3) For drug treatment court grants, consideration for
priority may be given to those courts where higher instances of
substance abuse cases are filed.
(4) The judiciary shall receive $1,500,000.00 in Byrne formula
grant funding as an interdepartmental grant from the department of
state police 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.
Sec. 312. From the funds appropriated in part 1, the state
court administrator shall produce a statistical report regarding
the implementation of the parental rights restoration act, 1990 PA
211, MCL 722.901 to 722.908, as it pertains to minors seeking
court-issued waivers of parental consent. The state court
administrative office shall report the total number of petitions
filed and the total number of petitions granted under that act.
Sec. 317. 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. 320. (1) From the funds appropriated in part 1 for the
swift and sure sanctions program, created under section 3 of
chapter XIA of the code of criminal procedure, 1927 PA 175, MCL
771A.3, the state court administrative office shall administer a
program to distribute grants to qualifying courts in accordance
with the objectives and requirements of the probation swift and
sure sanctions act, chapter XIA of the code of criminal procedure,
1927 PA 175, MCL 771A.1 to 771A.8. Of the funds designated for the
program, not more than $100,000.00 shall be available to the state
court administrative office to pay for employee costs associated
with the administration of the program funds. Of the funds
designated for the program, $500,000.00 is reserved for programs in
counties that had more than 325 individuals sentenced to prison in
the previous calendar year. Courts interested in participating in
the swift and sure sanctions program may apply to the state court
administrative office for a portion of the funds appropriated in
part 1 under this section.
(2) By April 1, the state court administrative office, in
cooperation with the department of corrections, shall provide a
report on the courts that receive funding under the swift and sure
sanctions program described in subsection (1) to the senate and
house appropriations subcommittees on judiciary, the senate and
house fiscal agencies, and the state budget director. The report
shall include all of the following:
(a) The number of offenders who participate in the program.
(b) The criminal history of offenders who participate in the
program.
(c) The recidivism rate of offenders who participate in the
program, including the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and parameters
of the program.
(3) As used in this section, "program" means a swift and sure
sanctions program described in subsection (1).
Sec. 321. From the funds appropriated in part 1, the judicial
branch shall support a statewide legal self-help internet website
and local nonprofit self-help centers that use the statewide
website to provide assistance to individuals representing
themselves in civil legal proceedings. The state court
administrative office shall summarize the costs of maintaining the
website, provide statistics on the number of people visiting the
website, and provide information on content usage, form completion,
and user feedback. By March 1, the state court administrative
office shall report this information for the preceding fiscal year
to the senate and house appropriations subcommittees on judiciary,
the senate and house fiscal agencies, and the state budget
director.
Sec. 322. If Byrne formula grant funding is awarded to the
state appellate defender, the state appellate defender office may
receive and expend Byrne formula grant funds in an amount not to
exceed $250,000.00 as an interdepartmental grant from the
department of state police. If the appellate defender appointed
under section 3 of the appellate defender act, 1978 PA 620, MCL
780.713, receives federal grant funding from the United States
Department of Justice in excess of the amount appropriated in part
1, the office of appellate defender may receive and expend grant
funds in an amount not to exceed $300,000.00 as other federal
grants.
Sec. 323. The state court administrative office shall provide
courts with a quarterly listing of out-of-state placements of
juveniles by each court. The state court administrative office
shall also provide each judge who hears juvenile matters with the
annual listing of per diem costs of the public and private
residential care facilities located or doing business in this
state, and the recidivism data for each facility, if available, as
provided by the department of health and human services. The courts
shall acknowledge receipt of this information.
Sec. 324. From the funds appropriated in part 1 for the
medication-assisted treatment program, the judiciary shall maintain
a medication-assisted treatment program to provide treatment for
opioid-addicted and alcohol-addicted individuals who are referred
to and voluntarily participate in the medication-assisted treatment
program.
ONE-TIME APPROPRIATIONS
Sec. 401. From the funds appropriated in part 1 for problem-
solving courts enhancement, the judiciary shall increase funding
available for establishing problem-solving courts. An amount of
$68,000.00 shall be allocated to a veterans court in a county with
a population of not less than 250,000 or more than 251,000
according to the 2010 federal decennial census. The purpose of this
program expansion is to increase the number of participants and to
decrease recidivism rates.
Sec. 402. (1) The state appellate defender office attorneys
and support staff shall increase to ensure Michigan compliance with
Montgomery v Louisiana, 577 US _____ (2016). The purpose of the
program expansion is to ensure competent, resourced, and supervised
counsel in cases involving the resentencing of juvenile lifers. The
representation by SADO counsel will create opportunities for
release, saving prison costs for the state.
(2) From the funds appropriated in part 1, the state appellate
defender office shall submit a report by September 30 to the senate
and house appropriations subcommittees on judiciary, the senate and
house fiscal agencies, and the state budget director on the number
of juvenile lifer cases investigated and prepared by the state
appellate defender office. The report shall include a calculation
of hours spent and focus on incremental costs associated with
investigating and conducting a robust examination of each case,
with particular emphasis on those costs that may be avoided after
the cases have been disposed.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2019 for
the line items listed in part 1. The fiscal year 2018-2019
appropriations are anticipated to be the same as those for fiscal
year 2017-2018, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2018 consensus revenue estimating
conference.
