March 2, 2016, Introduced by Reps. Runestad, Lucido, Aaron Miller, Hooker, Glenn, Robinson, Irwin and Dianda and referred to the Committee on Criminal Justice.
A bill to create the surveillance technology act; to create
the surveillance technology oversight board; to prescribe the
powers and duties of the surveillance technology oversight board;
and to require certain reports by police agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"surveillance technology act".
Sec. 2. As used in this act:
(a) "Board" means the surveillance technology oversight board
created in section 3.
(b) "Surveillance technology" means technology used to
intercept, record, or monitor any data including, but not limited
to, voice communication, video recordings, text messages, or
geographic location without the permission of the person being
monitored.
Sec. 3. (1) The surveillance 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) A representative of the Michigan Sheriffs' Association who
shall serve in an advisory nonvoting capacity.
(c) A representative of the Michigan Association of Chiefs of
Police who shall serve in an advisory nonvoting capacity.
(d) One individual appointed by the senate majority leader who
is not and has not been a police officer, who represents the
interests of the public.
(e) One individual appointed by the speaker of the house of
representatives who is not and has not been a police officer, who
represents the interests of the public.
(f) One individual appointed by the governor who is a county
prosecuting attorney.
(g) One individual appointed by the governor who is a criminal
defense attorney.
(h) One individual appointed by the governor 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, 1 shall serve for 1 year, 2
shall serve for 2 years, and 2 shall serve for 3 years.
(5) If a vacancy occurs on the board, an appointment shall be
made for the unexpired term in the same manner as the original
appointment.
(6) 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. The governor may
also remove a member of the board for failing to receive or
maintain the proper security clearances necessary to receive
information regarding surveillance technology provided by the
federal government to law enforcement agencies in this state.
(7) The first meeting of the board shall be called by the
director of the department of state police. At the first meeting,
the board shall elect from among its members a chairperson and
other officers, from among its voting members, 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 or more 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 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.
(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 surveillance technology for purposes of
regulating the distribution, possession, and use of that technology
in this state.
(b) Promulgate rules regarding the distribution, possession,
and use of surveillance technology in this state.
(13) Each police agency that possesses or uses any
surveillance technology shall, on a semiannual basis, report all of
the following information to the board in the manner required by
the board:
(a) The surveillance technology possessed or used by the
agency or by an entity contracted by the agency, or used by a
police officer employed by the agency.
(b) The frequency of the use of the surveillance technology
categorized by the type of surveillance technology and whether the
technology is used daily, weekly, monthly, or several times a year
or less.
(c) Any information regarding the use, cost of use, and
limitations of a given type of surveillance technology an agency
wishes to submit.
(d) Any agency policies regarding appropriate use of a given
type of surveillance technology.
(e) Any agency policies regarding the storage and protection
of data collected through the use of surveillance technology.
(f) Whether the use of surveillance technology contributed to
any person being charged with or convicted of a violation of local,
state, or federal law.
(14) The board may review the use of surveillance technology
by individuals and entities in the private sector.
(15) The board shall submit annual reports of its findings
under subsection (12)(a) with the senate standing committee on
government operations and the house of representatives standing
committee on oversight. Each report under this subsection shall be
submitted not later than February 1 of the year following the year
for which the report is required.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.