June 24, 2010, Introduced by Senators GARCIA, NOFS, PRUSI and CROPSEY and referred to the Committee on Homeland Security and Emerging Technologies.
A bill to create the Michigan intelligence operations center
for homeland security and the advisory board for the center; and to
prescribe their powers and duties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "state
intelligence center act".
Sec. 2. As used in this act:
(a) "Advisory board" means the advisory board for the Michigan
intelligence operations center for homeland security created within
the department under section 4.
(b) "Center" means the Michigan intelligence operations center
for homeland security created within the department under section
3.
(c) "Department", except where the context indicates
otherwise, means the department of state police.
Sec. 3. (1) The Michigan intelligence operations center for
homeland security is created within the department.
(2) The authority, powers, duties, and functions of the
center, including, but not limited to, budgeting, procurement, and
related management functions, shall be performed under the
direction and supervision of the director of the department. The
director of the department shall direct and supervise the operation
of the center and is responsible for developing and implementing
the management and operational policies of the center.
(3) Information and intelligence provided to the center shall
be collected, evaluated, collated, analyzed, and disseminated under
applicable federal and state laws and regulations.
Sec. 4. (1) The advisory board for the Michigan intelligence
operations center for homeland security is created as an advisory
body within the department.
(2) The advisory board consists of the following members:
(a) The director of the department.
(b) The adjutant general or his or her designee from within
the department of military and veterans affairs.
(c) The director of the department of civil rights or his or
her designee from within the department of civil rights or from the
civil rights commission.
(d) The director of the department of corrections or his or
her designee from within the department of corrections.
(e) The attorney general or his or her designee from within
the department of attorney general.
(f) The following members appointed by the governor:
(i) An individual representing local police departments in this
state or the Michigan association of chiefs of police.
(ii) An individual representing local sheriff's departments in
this state or the Michigan sheriffs' association.
(iii) An individual representing the office of a county
prosecuting attorney or the prosecuting attorneys association of
Michigan.
(iv) Three residents of this state representing the general
public.
Sec. 5. (1) Of the members of the advisory board initially
appointed by the governor under section 4(2)(f), 2 members shall be
appointed for terms of 3 years each, 2 members shall be appointed
for terms of 4 years each, and 2 members shall be appointed for
terms of 5 years each. After the initial appointments, members of
the advisory board appointed by the governor under section 4(2)(f)
shall be appointed for terms of 4 years. A vacancy caused other
than by expiration of a term shall be filled in the same manner as
the original appointment for the remainder of the term.
(2) The director of the department shall serve as the
chairperson of the advisory board. The advisory board shall
annually elect a member of the advisory board to serve as vice-
chairperson of the advisory board.
(3) The advisory board shall be staffed and assisted by
personnel from the department, as directed by the director of the
department. The budgeting, procurement, and related management
functions of the advisory board shall be performed under the
direction and supervision of the director of the department.
(4) The advisory board shall adopt procedures consistent with
the laws of this state governing its organization and operations.
The advisory board shall make recommendations regarding the privacy
policy and management policies and procedures for the center to
comply with any applicable laws, including, but not limited to, the
C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
(5) A majority of the members of the advisory board serving
constitutes a quorum for the transaction of the advisory board's
business. The advisory board shall act by a majority vote of its
serving members.
(6) Members of the advisory board shall serve without
compensation. Members of the advisory board may receive
reimbursement for necessary travel and expenses according to
relevant statutes and the rules and procedures of the civil service
commission and the department of management and budget, subject to
available funding.
(7) The advisory board shall meet at the call of the
chairperson and as may be provided in procedures adopted by the
advisory board.
Sec. 6. (1) The advisory board may establish advisory
workgroups composed of representatives of law enforcement agencies
participating in center activities, other law enforcement or public
safety agencies, and other public participation as the advisory
board deems necessary to assist it in its duties and
responsibilities. The advisory board may adopt, reject, or modify
any recommendations proposed by an advisory workgroup.
(2) The advisory board may, as appropriate, make inquiries,
studies, and investigations, hold hearings, and receive comments
from the public. The advisory board may also consult with outside
experts in order to perform its duties, including, but not limited
to, experts in the private sector, organized labor, and government
agencies and at institutions of higher education.
(3) The advisory board shall invite the participation of up to
5 residents of this state representing federal homeland security or
law enforcement agencies, such as the United States department of
homeland security, the federal bureau of investigation, the bureau
of alcohol, tobacco, firearms and explosives, the United States
attorney's office for the eastern district of Michigan, or the
United States attorney's office for the western district of
Michigan.
(4) The advisory board may accept donations of labor,
services, or other things of value from any public or private
agency or person.
(5) Members of the advisory board shall refer all legal,
legislative, and media contacts to the department.
Sec. 7. Each year, the department, in consultation with the
advisory board, shall review the center's privacy policy for
information and intelligence in the possession of the center. The
review shall ensure that the privacy policy protects the political
and civil rights of the residents of this state consistent with
applicable state and federal law, including, but not limited to,
laws and regulations relating to privacy and public access to
government information, and preserves the integrity and
effectiveness of law enforcement responsibilities and functions,
while also assuring that residents of this state remain protected
from the inappropriate use or release of private information.
Sec. 8. State departments and agencies shall actively
cooperate with the center and advisory board in the performance of
their duties and responsibilities under this act.