SB-0596, As Passed Senate, October 2, 2014

 

 

 

 

 

 

 

 

 

 

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 750.462j.

 

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


 

created as an autonomous entity within the department of community

 

health. The board shall include all 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.

 

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

 

individuals submitted by the senate majority leader.

 

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

 

individuals submitted by the speaker of the house of

 

representatives.

 

     (e) One individual who has experience and expertise in the

 

field of intervention or prevention of human trafficking or

 

treatment of human trafficking survivors.

 

     (f) Two individuals who are human trafficking survivors and

 

who are appointed by the governor.

 

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

 

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

 

date of this act.

 

     (3) Members of the board appointed under subsection (1)(c) to

 

(f) shall serve for terms of 4 years or until a successor is

 

appointed, whichever is later.

 

     (4) If a vacancy occurs on the board, the appointing authority

 

shall make an appointment for the unexpired term 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 within 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 regarding 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.

 

     (c) Meet annually with local health agencies to review the

 

existing services available to assist survivors of human

 

trafficking, including crime victim assistance, health care, and

 

legal assistance, 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 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.

 

     Enacting section 1. This act does not take effect unless House

 

Bill No. 5158 of the 97th Legislature is enacted into law.