June 12, 2018, Introduced by Reps. Hoitenga, Sabo, Cochran, Chang, Brinks, Lasinski, Guerra, Geiss, Greig, Green, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to create the human trafficking victim assistance fund;
to provide for use of the fund; and to provide for the powers and
duties of certain state and local governmental officers and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "human
trafficking victim assistance fund act".
Sec. 2. As used in this act:
(a) "Commission" means the human trafficking commission
created in section 3 of the human trafficking commission act, 2014
PA 325, MCL 752.973.
(b) "Fund" means the human trafficking victim assistance fund
created in section 3.
(c) "Human trafficking victim" or "victim" means an individual
who has suffered a personal physical or psychological injury as a
direct result of his or her labor or sexual exploitation by another
person through force, fraud, or coercion.
Sec. 3. (1) The human trafficking victim assistance fund is
created in the state treasury. The fund must be administered by the
department of attorney general.
(2) The state treasurer may receive money and assets from any
source for deposit into the fund. The state treasurer shall direct
the investment of the fund. The state shall credit to the fund
interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The commission shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) To provide grants to a program or organization that
provides victim services.
(b) To provide for the administrative costs from
implementation of this act.
(c) To provide education to communities on the dangers of
human trafficking
(d) To protect and support human trafficking victims.
(e) To prevent further instances of human trafficking in this
state.
Sec. 5. (1) A program or organization that provides victim
services may apply to the commission to receive a grant from the
fund as provided in this section.
(2) A program or organization that meets all of the following
criteria is eligible to receive a grant from the fund:
(a) An authorized representative from the organization or
program has completed a sworn affidavit of intent to use grant
funds for 1 or more of the purposes listed in subsection (7) and
the affidavit has been provided with the organization's or
program's application to the commission.
(b) The organization's or program's primary purpose, or if the
organization or program has multiple purposes, one of the
organization's or program's primary purposes is to provide need-
based free or reduced-fee services to individuals in its community.
(c) The organization or program provides all of the following:
(i) Services to individuals suffering from financial,
familial, or status-based hardships.
(ii) Services to individuals suffering from physical or
psychological injuries or conditions.
(iii) Any other services for any other purpose intended to
serve the public good.
(3) An eligible program or organization shall apply for a
grant on a form prescribed by the commission.
(4) The commission shall select a grant recipient based on a
full consideration of the needs and merits of the particular
organization or program. The commission may weigh a variety of
factors, including, but not limited to, all of the following:
(a) The need in the community to be served.
(b) The number of prospective beneficiaries.
(c) The quality of the aid to be provided.
(d) The financial need of the organization or program.
(e) The identifiable successes of the prospective service.
(f) The accessibility of services to intended beneficiaries.
(g) Any other factor relating to the organization's or
program's ability to provide effective assistance.
(5) The commission shall award a grant to an organization or
program selected under subsection (4) upon confirmation that the
fund created in section 3 contains a sufficient balance to cover
the grant request.
(6) A grant awarded to a program or organization under this
section is for a period of 2 years. An organization or program that
has been awarded a grant under this section may reapply for a grant
every 2 years.
(7) A program or organization that has been awarded a grant
under this section shall only use the grant funds to provide all of
the following to human trafficking victims:
(a) Victim services.
(b) Counseling services or therapy.
(c) Medical services.
(d) Housing and housing assistance.
(e) Vocational or educational training and assistance.
(f) Financial training and assistance.
(g) Legal aid.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.