SB-0853, As Passed Senate, January 17, 2008


















October 25, 2007, Introduced by Senators CLARKE, HUNTER, KUIPERS, JACOBS, JANSEN, THOMAS, ANDERSON, BASHAM, BARCIA, OLSHOVE, BROWN, SANBORN, GILBERT, GLEASON, PAPPAGEORGE, JELINEK, VAN WOERKOM, BRATER and SCHAUER and referred to the Committee on Homeland Security and Emerging Technologies.




     A bill to amend 1982 PA 249, entitled


"An act to establish the state children's trust fund in the

department of treasury; and to provide certain powers and duties of

the department of treasury with respect to the trust fund,"


by amending section 1 (MCL 21.171), as amended by 2005 PA 119.




     Sec. 1. (1) The children's trust fund is created as a


charitable and educational endowment fund in the department of


treasury. The fund shall be expended only as provided in this




     (2) The state treasurer shall credit to the trust fund all


amounts appropriated for this purpose under section 475 of the


income tax act of 1967, 1967 PA 281, MCL 206.475, any amounts


received under section 811j of the Michigan vehicle code, 1949 PA


300, MCL 257.811j, and section 8 of the child abuse and neglect


prevention act, 1982 PA 250, MCL 722.608, and any amounts received


from civil fines imposed under the playground equipment safety act,


1997 PA 16, MCL 408.681 to 408.687.


     (3) The state treasurer shall direct the investment of the


trust fund. The state treasurer shall have the same authority to


invest the assets of the trust fund as is granted to an investment


fiduciary under the public employee retirement system investment


act, 1965 PA 314, MCL 38.1132 to 38.1140m. The state treasurer


shall comply with the divestment from terror act in making


investments under this act.


     (4) Not more than 1/2 of the money contributed to the trust


fund each year, plus the interest and earnings, excluding


unrealized gains and losses, credited to the trust fund during the


previous fiscal year, shall be available for disbursement upon the


authorization of the state board as provided in section 9 of the


child abuse and neglect prevention act, 1982 PA 250, MCL 722.609.


     (5) Money granted or received as gifts or donations to the


trust fund shall be available for disbursement upon appropriation


under section 8 of the child abuse and neglect prevention act, 1982


PA 250, MCL 722.608, and funds authorized for expenditure shall not


be considered assets of the trust fund for the purposes of


subsection (4).


     (6) The state treasurer shall annually prepare an accounting


of revenues and expenditures from the trust fund. This accounting


shall specifically identify the interest and earnings of the trust


fund, shall describe how the amount of interest and earnings has


been affected by the expanded investment options provided for in


subsection (3), and shall identify how the increased interest and


earnings, if any, have been expended. This accounting shall be


provided to the senate and house of representatives appropriations




     (7) As used in this section, "trust fund" means the children's


trust fund created in subsection (1).


     Enacting section 1. This amendatory act does not take effect


unless Senate Bill No. 846                                    


            of the 94th Legislature is enacted into law.