Act No. 97

Public Acts of 2019

Approved by the Governor

October 31, 2019

Filed with the Secretary of State

October 31, 2019

EFFECTIVE DATE: October 1, 2021

state of michigan

100th Legislature

Regular session of 2019

Introduced by Senators Santana and Geiss

ENROLLED SENATE BILL No. 102

AN ACT to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” (MCL 400.1 to 400.119b) by adding section 117i.

 

The People of the State of Michigan enact:

 

Sec. 117i. (1) The raise the age fund is created within the state treasury.

(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 fund at the close of the fiscal year remains in the fund and does not lapse to the general fund.

(4) The department is the administrator of the fund for auditing purposes.

(5) The department shall expend money from the fund, upon appropriation, to support the cost of raising the age of criminal responsibility for costs not eligible for reimbursement through the child care fund as provided in section 117a(4)(j). The costs eligible for reimbursement from the raise the age fund include the costs listed and associated with a court exercising jurisdiction under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, over a juvenile who is 17 years of age, but under the age of 18, at the time of offense.

(6) A county, court, or tribe must report expenditures of money received from the funds for costs, including, but not limited to, the following:

(a) Personnel costs for county, court, or tribe staff providing direct services to the youth, including full or appropriately prorated salaries and training.

(b) Contracted staffing, programming, and services.

(c) Youth placement and care costs, including, but not limited to, room and board, clothing, incidentals, incentives, transportation, and treatment.

(d) Indirect administrative costs, including, but not limited to, judicial staff and operational expenditures necessary to carry out the judicial process.

(7) Any request for reimbursement must be accompanied by substantiating documentation, as determined by the department. A request for reimbursement is subject to approval by the department. The court, tribe, or county may appeal a disapproved reimbursement from the raise the age fund made under this act. The appeal shall be conducted according to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An appeal from a final order issued in an administrative hearing shall be made to the court that has jurisdiction with respect to the cases described in subsection (5) as in nonjury cases under the authority provided in section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631.

 

Enacting section 1. This amendatory act takes effect October 1, 2021.

 

Secretary of the Senate

 

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor