HB-5158, As Passed House, October 2, 2014HB-5158, As Passed Senate, October 2, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5158

A bill to create the human trafficking commission act; to

prescribe the membership of the human trafficking commission; and

to prescribe the duties and responsibilities of the human

trafficking commission.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the "human

trafficking commission act".

Sec. 2. As used in this act:

(a) "Commission" means the human trafficking commission

established in section 3.

(b) "Human trafficking" means a violation of chapter LXVIIA of

the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.

Sec. 3. (1) The human trafficking commission is established

within the department of attorney general. The commission shall

include all of the following members:

(a) The governor or his or her designated representative from

within the office of the governor.

(b) The state attorney general or his or her designated

representative from within the department of attorney general.

her designated representative from within the department of state

police.

(d) The director of the department of human services or his or

her designated representative from within the department of human

services.

(e) The director of the department of community health or his

or her designated representative from within the department of

community health.

(f) The director of the department of licensing and regulatory

affairs or his or her designated representative from within the

department of licensing and regulatory affairs.

(g) Two individuals appointed by the governor from a list of

individuals submitted by the senate majority leader.

(h) Two individuals appointed by the governor from a list of

individuals submitted by the speaker of the house of

representatives.

(i) One individual who is a circuit court judge who serves in

family court and who is appointed by the governor from a list of 3

individuals submitted by the Michigan judges association or its

successor organization. The individuals on the list submitted by

the Michigan judges association or its successor organization shall

House Bill No. 5158 as amended October 1, 2014

be members of the Michigan judges association or its successor

organization.

(j) One individual who is a county prosecuting attorney and

who is appointed by the governor from a list of 3 individuals

submitted by the prosecuting attorneys association of Michigan or

its successor organization. The individuals on the list submitted

by the prosecuting attorneys association of Michigan or its

successor organization shall be members of the prosecuting

attorneys association of Michigan or its successor organization.

(k) One individual who represents the interests of law

enforcement and who is appointed by the governor from a list of 3

individuals submitted by the Michigan association of chiefs of

police or its successor organization. The individuals on the list

submitted by the Michigan association of chiefs of police or its

successor organization shall be members of the Michigan association

of chiefs of police or its successor organization.

(l) Two individuals who <<have survived human trafficking

and who are appointed by the governor.

(2) The members first appointed to the board under subsection

(1)(g) to (l) shall be appointed within 90 days after the effective

date of this act.

(3) Members of the commission shall serve as follows:

(a) Members of the commission appointed under subsection

(1)(a) to (f) shall serve until a successor is appointed.

(b) Members of the commission appointed under subsection

(1)(g) to (l) shall serve for a term of 2 years or until a successor

House Bill No. 5158 as amended October 2, 2014

is appointed, whichever is later.

shall serve only while he or she is a member of the organization

that submitted his or her name for membership on the commission.

(d) An individual may be reappointed for additional terms.

(4) If a vacancy occurs on the commission, the appointing

authority shall make an appointment for the unexpired term in the

same manner as the original appointment.

(5) The appointing authority may remove the member it

appointed to the commission for incompetence, dereliction of duty,

malfeasance, misfeasance, nonfeasance in office, or any other good

cause.

(6) The first meeting of the commission shall be called within

180 days after the effective date of this act. Before this first

meeting, the governor shall appoint the chairperson of the

<<commission>> from among the members listed in subsection (1). At the

first meeting, the commission shall elect from among its members a

<< >> vice-chairperson and other officers as it considers

necessary or appropriate who shall serve for 1-year terms and who

may be reelected. After the first meeting, the commission shall

meet at least 4 times each year, or more frequently at the call of

the chairperson or as otherwise agreed upon in the bylaws.

(7) The commission shall adopt bylaws for the operation of the

commission. The bylaws shall, at a minimum, address the procedures

for conducting meetings, including voting procedures, and the

requirements of its members to attend meetings.

(8) A majority of the members of the commission appointed and

serving constitute a quorum for the transaction of business at a

meeting of the commission. A majority of the members present and

serving are required for the official action of the commission.

(9) The business that the commission may perform shall be

conducted at a public meeting of the commission held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

However, members of the commission may attend and participate in a

meeting of the commission by the use of telecommunication or other

electronic equipment if their attendance and participation by the

use of telecommunication or other electronic equipment is

authorized by the bylaws of the commission and that meeting is

otherwise conducted in compliance with the open meetings act, 1976

PA 267, MCL 15.261 to 15.275.

(10) A writing prepared, owned, used, in the possession of, or

retained by the commission in the performance of an official

function is subject to the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

(11) Members of the commission shall serve without

compensation. However, members of the commission may be reimbursed

for their actual and necessary expenses incurred in the performance

of their official duties as members of the commission.

Sec. 4. The commission shall do all of the following subject

to funding:

(a) Identify sources for grants that will assist in examining

and countering human trafficking in this state, and apply for those

grants when appropriate.

(b) Fund research programs to determine the extent and nature

of human trafficking in this state.

trafficking to police officers, prosecutors, court personnel,

health care providers, social services personnel, and other

individuals the commission considers appropriate.

(d) Collect and analyze information regarding human

trafficking in this state.

(e) Identify state and local agencies within this state and

other states, as well as within the federal government, that are

involved with issues relating to human trafficking, and coordinate

the dissemination of information regarding human trafficking in

this state to those agencies.

(f) Review the existing services available to assist victims

of human trafficking, including crime victim assistance, health

care, and legal assistance, and establish a program to make those

victims better aware of the services that are available to them.

(g) Establish a program to improve public awareness of human

trafficking.

(h) Review existing state laws and administrative rules

relating to human trafficking and make recommendations to the

legislature to improve those laws and rules to address human

trafficking violations in this state.

(i) File an annual report with the governor, the secretary of

the senate, and the clerk of the house of representatives regarding

its activities under this act. The report shall be filed not later

than February 1 of the year following the year for which the report

is due.

House Bill No. 5158 as amended October 2, 2014

Sec. 5. (1) The human trafficking commission fund is created

within the department of treasury. The fund shall be administered

by the department of attorney general.

(2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

(3) Money in the human trafficking commission fund shall be

expended only upon appropriation and only in a manner to carry out

the purposes set forth in this act. Money in the fund at the close

of the fiscal year is considered a work project, shall remain in

the fund, and shall not lapse to the general fund.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.

<<Enacting section 2. This act does not take effect unless all of

the following bills of the 97th Legislature are enacted into law:

(a) Senate Bill No. 596.

(b) House Bill No. 5234.>>