Bill Text: MI HB4899 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Individual income tax; other; check-off funding for state forensic laboratory fund; provide for, and earmark for backlog of sexual assault kits. Amends secs. 3, 7 & 8 of 1994 PA 35 (MCL 12.203 et seq.). TIE BAR WITH: HB 4898'17

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-09-07 - Bill Electronically Reproduced 09/06/2017 [HB4899 Detail]

Download: Michigan-2017-HB4899-Introduced.html

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HOUSE BILL No. 4899

 

 

September 6, 2017, Introduced by Rep. Kosowski and referred to the Committee on Tax Policy.

 

     A bill to amend 1994 PA 35, entitled

 

"The forensic laboratory funding act,"

 

by amending sections 3, 7, and 8 (MCL 12.203, 12.207, and 12.208),

 

section 7 as amended by 2003 PA 99.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. The state forensic laboratory fund is created as a

 

separate fund in the state treasury. The state treasurer shall

 

credit to the fund all amounts received under sections 6 and 9 and

 

section 435 of the income tax act of 1967, 1967 PA 281, MCL

 

206.435. Money in the fund credited to the department of state

 

police pursuant to section 7 that is not appropriated in a fiscal

 

year shall be credited to the fund to the credit of the department

 

of state police and shall not revert to the general fund. Earnings

 

from the fund shall be credited to the fund.

 

     Sec. 7. (1) Beginning October 1, 2003, the department of

treasury, each month, shall distribute proceeds of the state

 

forensic laboratory fund that are received from the justice system

 

fund under section 181 of the revised judicature act of 1961, 1961

 

PA 236, MCL 600.181, as follows:

 

     (a) For the state fiscal year beginning October 1, 2003, 19%

 

to the department of state police to defray the cost of complying

 

with the requirements of DNA profiling and DNA retention under the

 

DNA identification profiling system act, 1990 PA 250, MCL 28.171 to

 

28.176, with the balance of the fund being available for

 

distribution under subsections (2) to (5).(6).

 

     (b) For the state fiscal year beginning October 1, 2004 and

 

subsequent state fiscal years, 45% to the department of state

 

police to defray the cost of complying with the requirements of DNA

 

profiling and DNA retention under the DNA identification profiling

 

system act, 1990 PA 250, MCL 28.171 to 28.176, with the balance of

 

the fund being available for distribution under subsections (2) to

 

(5).(6).

 

     (2) The department of treasury shall distribute proceeds of

 

the state forensic laboratory fund that are received under section

 

435 of the income tax act of 1967, 1967 PA 281, MCL 206.435, to the

 

department of state police to eliminate the sexual assault kit

 

analysis backlog.

 

     (3) (2) A municipality that maintains a forensic laboratory

 

and that incurred expenses for a forensic test by that laboratory

 

may apply for reimbursement of those expenses on a form provided by

 

the department of treasury.

 

     (4) (3) A municipality applying under subsection (2) (3) shall

report to the department of treasury the number of criminal

 

investigations in the preceding year for which the municipality's

 

forensic laboratory performed 1 or more forensic tests. The

 

department of state police shall report to the department of

 

treasury in the manner prescribed by that department the number of

 

criminal investigations in the preceding year for which the

 

department of state police performed 1 or more forensic tests,

 

whether the investigation was conducted by the department of state

 

police or by the law enforcement agency of a municipality. The

 

department of state police shall also report the number of DNA

 

identification profilings performed pursuant to the DNA

 

identification profiling system act, 1990 PA 250, MCL 28.171 to

 

28.176.

 

     (5) (4) The number of investigations reported pursuant to

 

subsection (3) (4) shall exclude any investigation reported in a

 

previous year.

 

     (6) (5) After the distributions under subsection subsections

 

(1) and (2) are made, the department of treasury shall distribute

 

proceeds of the state forensic laboratory fund annually to a

 

municipality applying under this section in an amount determined by

 

multiplying the remaining amount in the fund for that period by a

 

fraction, the numerator of which is the total of investigations

 

reported pursuant to subsection (3) (4) by that municipality for

 

that period and the denominator of which is the total of

 

investigations and DNA identification profilings reported pursuant

 

to subsection (3) (4) for that period. The balance of the fund for

 

that period after distributions under subsection subsections (1)

and (2) and this subsection shall be credited to the department of

 

state police.

 

     (7) (6) The legislature shall appropriate money in the state

 

forensic laboratory fund credited to the department of state police

 

to that department exclusively for forensic science services. The

 

use of money appropriated pursuant to this section may include, but

 

is not limited to, any of the following:

 

     (a) Costs incurred in providing forensic tests in connection

 

with criminal investigations conducted within this state.

 

     (b) Purchasing or maintaining equipment used in performing

 

forensic tests.

 

     (c) Providing for the continuing education, training, and

 

professional development of regularly employed laboratory

 

personnel.

 

     (d) Payment of expenses for implementing and performing

 

procedures for DNA identification profiling under the DNA

 

identification profiling system act, 1990 PA 250, MCL 28.171 to

 

28.176.

 

     (8) (7) Money appropriated from the state forensic laboratory

 

fund to the division of the department of state police concerned

 

with forensic sciences shall be in addition to any allocations made

 

pursuant to existing law and is intended to enhance appropriations

 

from the general fund and not to replace or supplant those

 

appropriations.

 

     Sec. 8. (1) A municipality shall appropriate fees deposited in

 

a forensic laboratory fund established pursuant to section 4 to the

 

forensic laboratory maintained by the municipality.

     (2) Money appropriated pursuant to this section shall be for

 

the exclusive use of the forensic laboratory maintained by the

 

municipality for the same purposes described in section 7(5)(a)

 

7(7)(a) to (c) and shall be in addition to any allocations made

 

pursuant to existing law.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4899 (request no.

 

03823'17) of the 99th Legislature is enacted into law.