SB-0596, As Passed House, December 9, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 596

A bill to create the human trafficking health advisory board

act; to provide for an interdepartmental human trafficking health

advisory board; to prescribe the membership of the human

trafficking health advisory board; and to prescribe the duties and

responsibilities of the human trafficking health advisory board.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the "human

trafficking health advisory board act".

Sec. 2. As used in this act:

(a) "Board" means the human trafficking health advisory board

created in section 3.

(b) "Human trafficking" means a violation of chapter LXVIIA of

the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.

Sec. 3. (1) The human trafficking health advisory board is

created as an autonomous entity within the department of community

health. The board shall consist of the following members:

(a) The director of the department of human services or his or

her designated representative from within the department of human

services.

(b) The director of the department of community health or his

or her designated representative from within the department of

community health.

individuals submitted by the senate majority leader. The individual

must be licensed or authorized to engage in the practice of

medicine under part 170 of the public health code, 1978 PA 368, MCL

333.17001 to 333.17084, or part 175 of the public health code, 1978

PA 368, MCL 333.17501 to 333.17556.

(d) One individual appointed by the governor from a list of 3

individuals submitted by the speaker of the house of

representatives. The individual must be licensed or authorized to

engage in the practice of medicine under part 170 of the public

health code, 1978 PA 368, MCL 333.17001 to 333.17084, or part 175

of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556.

(e) One individual appointed by the governor who has

experience and expertise in the field of intervention in or

prevention of human trafficking or treatment of human trafficking

survivors.

(f) Two individuals appointed by the governor who are human

trafficking survivors.

(g) One individual appointed by the governor who is a mental

health professional.

(h) One individual appointed by the governor who is a

registered professional nurse licensed to engage in the practice of

nursing under part 172 of the public health code, 1978 PA 368, MCL

333.17201 to 333.17242, and who is experienced in an emergency

department, emergency room, or trauma center of a hospital licensed

under article 17 of the public health code, 1978 PA 368, MCL

333.20101 to 333.22260.

(2) The members first appointed to the board under subsection

(1)(c) to (h) shall be appointed within 90 days after the effective

date of this act.

(3) Of the members initially appointed to the board under

subsection (1)(c) to (h), 1 member shall be appointed for a term

that expires on December 31, 2015, 1 member shall be appointed for

a term that expires on December 31, 2016, 2 members shall be

appointed for a term that expires on December 31, 2017, and 3

members shall be appointed for terms that expire on December 31,

2018. At the expiration of an initial appointment, a member shall

be appointed for a term of 4 years.

(4) A member who attends less than 66 percent of the scheduled

meetings of the board in any calendar year shall be considered to

have vacated his or her appointment. Upon notification of a vacancy

under this subsection or any other vacancy, the governor shall fill

the vacancy in the same manner as the original appointment.

(5) The governor may remove a member of the board for

incompetence, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause.

(6) The first meeting of the board shall be called not more

than 180 days after the effective date of this act. Before this

first meeting, the governor shall appoint the chairperson of the

board from among the members listed in subsection (1). At the first

meeting, the board shall elect from among its members a vice-

chairperson and other officers as it considers necessary or

appropriate who shall serve 1-year terms and who may be reelected.

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 then serving.

(7) 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 the

official action of the board.

(8) The business that the board may perform shall 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.

(9) 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.

(10) 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.

Sec. 4. The board shall do all of the following:

(a) Collect and analyze information concerning medical and

mental health services available to survivors of human trafficking

in this state.

(b) Identify state and local agencies within this state and

other states, as well as within the federal government, that are

involved with issues relating to human trafficking, and coordinate

the dissemination of information concerning medical and mental

health services available to survivors of human trafficking in this

state.

existing medical and mental health services available to assist

survivors of human trafficking and establish a program to make

those survivors better aware of the services that are available to

them.

(d) Establish a program to improve public awareness of medical

and mental health services available to survivors of human

trafficking in this state.

(e) Review existing state laws and administrative rules

relating to medical and mental health policies affecting survivors

of human trafficking and make recommendations to the legislature

and state agencies to improve those laws and rules to address

medical and mental health services available to survivors of human

trafficking in this state.

(f) File an annual report with the chairs of the committees

concerned with health policy of the senate and the house of

representatives regarding its activities under this act. The report

shall be filed not later than February 1 of each year.

(g) File an annual report with the Michigan domestic violence

and treatment board concerning the human trafficking health

advisory board's activities under this act no later than February 1

of each year.

Sec. 5. The board shall coordinate its efforts with those of

the human trafficking commission established under section 3 of the

human trafficking commission act, 2014 PA 325, MCL 752.973.

Enacting section 1. This act takes effect January 14, 2015.