Bill Text: MI SB0908 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement: other; surveillance technology act; enact. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-05 - Referred To Committee On Judiciary And Public Safety [SB0908 Detail]
Download: Michigan-2019-SB0908-Introduced.html
SENATE BILL NO. 908
May 05, 2020, Introduced by Senator RUNESTAD
and referred to the Committee on Judiciary and Public Safety.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "state technology oversight act".
(a) "Board" means the state technology oversight board created in section 3.
(b) "Guidelines" means the guidelines established by the board under section 3(12).
(c) "Law enforcement agency" means that term as defined in section 675d of the Michigan vehicle code, 1949 PA 300, MCL 257.675d.
(d) "State agency" means a state department, board, commission, office, agency, institution, or other unit of state government.
(e) "State department" means that term as defined in section 2 of the Michigan youth corps act, 1983 PA 69, MCL 409.222.
(f) "State surveillance technology" means any technology used by a state department, a state agency, or a vendor that has a contract through the state that intercepts, records, or monitors any data, including, but not limited to, voice communications, video recordings, text messages, nonaggregate health-related data, or geographical location without the permission of the person being monitored.
Sec. 3. (1) The state technology oversight board is created within the department of state police.
(2) The board shall consist of the following members:
(a) The director of the department of state police or his or her designated representative from within the department of state police.
(b) An individual from the Michigan intelligence operations center who is recommended by the director of the department of state police.
(c) Two individuals appointed by the governor who represents the Fourth Amendment rights and interests of the public. Of the members appointed by the governor under this subdivision, 1 shall be appointed from a list of 3 or more nominees of the senate majority leader representing the Fourth Amendment rights and interests of the public and 1 shall be appointed from a list of 3 or more nominees of the speaker of the house of representatives representing the Fourth Amendment rights and interests of the public.
(d) The following individuals appointed by the governor with the advice and consent of the senate:
(i) A member of the Prosecuting Attorneys Association of Michigan.
(ii) A representative of the Michigan Sheriffs' Association.
(iii) A representative of the Michigan Association of Chiefs of Police.
(iv) An individual from the state court administrative office.
(v) An individual from a nongovernmental organization representing citizen privacy interests.
(3) The members first appointed to the board shall be appointed within 90 days after the effective date of this act.
(4) Appointed members of the board shall serve for terms of 4 years or until a successor is appointed, whichever is later, except that of the members first appointed 2 shall serve for 1 year, 3 shall serve for 2 years, and 4 shall serve for 3 years.
(5) If a vacancy occurs on the board, an appointment must be made for the unexpired term in the same manner as the original appointment.
(6) A board member may be removed by a 2/3 majority vote of all of the members for any of the following reasons:
(a) Incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(b) Failing to receive or maintain the proper security clearances necessary to receive information regarding the state surveillance technology provided by the federal government to law enforcement agencies in this state.
(7) The director of the department of state police must call the first meeting of the board. At the first meeting, the board shall elect from among its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the board shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by a majority of the members.
(8) A majority of the members of the board constitute a quorum for the transaction of business at a meeting of the board. A majority of the members present and serving are required for official action of the board.
(9) The business that the board may perform must be conducted at a public meeting of the board held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) Members of the board shall serve without compensation. However, members of the board may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the board.
(12) The board shall do all of the following:
(a) Review and analyze the state surveillance technology for purposes of proposing guidelines and making recommendations to the legislature.
(b) Establish guidelines regarding the distribution, possession, and use of the state surveillance technology in this state.
(c) Research and produce recommendations to the legislature and to the senate and house health policy and judiciary committees on any current or future possible uses of the state surveillance technology for tracking and preventing disease, including any Fourth Amendment protection concerns or collection or storage of nonaggregate data on individuals.
(13) If a state department, state agency, or law enforcement agency that possesses or uses a state surveillance technology does not follow the guidelines or the state department, state agency, or law enforcement agency uses a state surveillance technology for which a guideline has not yet been established, the state department, state agency, or law enforcement agency shall, on an annual basis, report all of the following information to the board in the manner required by the board:
(a) The state surveillance technology possessed or used by the state department, state agency, or law enforcement agency or by an entity contracted by the state department, state agency, or law enforcement agency.
(b) The frequency of the use of the state surveillance technology categorized by the type of the state surveillance technology.
(c) Any information regarding the use, cost of use, and limitations of a given type of the state surveillance technology the state department, state agency, or law enforcement agency wishes to submit.
(d) Any policies regarding appropriate use of a given type of the state surveillance technology.
(e) Any policies regarding the storage and protection of data collected through the use of the state surveillance technology.
(f) Whether the use of the state surveillance technology contributed to any person being charged with or convicted of a violation of local, state, or federal law.
(g) Any grant or funding obtained from the federal government or a public or private source to use a state surveillance technology that does not follow the guidelines established under this act. The report must include the amount, purpose, and date of the grant or fund and the criteria for obtaining and maintaining the grant or fund.
(14) The board may review the use of the technology by individuals and entities in the private sector and make recommendations regarding the use of the technology by the private sector to the senate standing committee on government operations, the house of representatives standing committee on oversight, and the director of the department of state police.
(15) The board shall submit annual reports of its findings under subsection (12)(a) to the legislature. Each report under this subsection must be submitted not later than February 1 of the year following the year for which the report is required.
(16) This act does not preempt any local laws and regulations governing the use of surveillance technology by a local government agency or a law enforcement agency.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
