SENATE BILL No. 632

 

 

October 17, 2017, Introduced by Senator BOOHER and referred to the Committee on Banking and Financial Institutions.

 

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

(MCL 18.1101 to 18.1594) by adding section 466.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 466. (1) The cybersecurity council is created within the

 

department.

 

     (2) The cybersecurity council shall consist of the following

 

11 members:

 

     (a) The director of the department or his or her designee.

 

     (b) The director of the department of talent and economic

 

development or his or her designee.

 

     (c) The director of the department of state police or his or

 

her designee.

 

     (d) The director of the department of military and veterans

 


affairs or his or her designee.

 

     (e) The chief executive officer of the Michigan economic

 

development corporation or his or her designee.

 

     (f) Six members appointed by the governor as follows:

 

     (i) One representing the interests of institutions of higher

 

education.

 

     (ii) One representing the interests of community colleges.

 

     (iii) One representing the interests of the business community

 

with knowledge or experience in hospital operations.

 

     (iv) One representing the interests of the business community

 

with knowledge or experience in retail operations.

 

     (v) One representing the interests of the business community

 

with knowledge or experience in finance.

 

     (vi) One representing the interests of the business community

 

with knowledge or experience in general business.

 

     (3) The members first appointed to the cybersecurity council

 

shall be appointed within 90 days after the effective date of the

 

amendatory act that added this section.

 

     (4) Members of the cybersecurity council shall serve for terms

 

of 4 years or until a successor is appointed, whichever is later,

 

except that of the members first appointed under subsection (2)(f),

 

2 shall serve for 2 years, 2 shall serve for 3 years, and 2 shall

 

serve for 4 years.

 

     (5) If a vacancy occurs on the cybersecurity council, the

 

governor shall make an appointment for the unexpired term in the

 

same manner as the original appointment.

 

     (6) The governor may remove a member of the cybersecurity


council for incompetence, dereliction of duty, malfeasance,

 

misfeasance, or nonfeasance in office, or any other good cause.

 

     (7) The first meeting of the cybersecurity council shall be

 

called by the governor. At the first meeting, the cybersecurity

 

council shall elect from among its members a chairperson and other

 

officers as it considers necessary or appropriate. After the first

 

meeting, the cybersecurity council shall meet at least quarterly,

 

or more frequently at the call of the chairperson or if requested

 

by 6 or more members.

 

     (8) A majority of the members of the cybersecurity council

 

constitute a quorum for the transaction of business at a meeting of

 

the cybersecurity council. A majority of the members present and

 

serving are required for official action of the cybersecurity

 

council.

 

     (9) The business that the cybersecurity council may perform

 

shall be conducted at a public meeting of the cybersecurity council

 

held in compliance with the open meetings act, 1976 PA 267, MCL

 

15.261 to 15.275.

 

     (10) The following records are exempt from disclosure under

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:

 

     (a) Records or information of measures designed to protect the

 

security or safety of persons or property, or the confidentiality,

 

integrity, or availability of information systems, whether public

 

or private, including, but not limited to, building, public works,

 

and public water supply designs to the extent that those designs

 

relate to the ongoing security measures of a public body,

 

capabilities and plans for responding to a violation of the


Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan

 

penal code, 1931 PA 328, MCL 750.543a to 750.543z, emergency

 

response plans, risk-planning documents, threat assessments, and

 

domestic preparedness strategies, and cybersecurity plans,

 

cybersecurity assessments, or cybersecurity vulnerabilities, unless

 

disclosure would not impair a public body's ability to protect the

 

security or safety of persons or property or unless the public

 

interest in disclosure outweighs the public interest in

 

nondisclosure in the particular instance.

 

     (b) Information that would identify or provide a means of

 

identifying a person that may, as a result of disclosure of the

 

information, become a victim of a cybersecurity incident or that

 

would disclose a person's cybersecurity plans or cybersecurity-

 

related practices, procedures, methods, results, organizational

 

information system infrastructure, hardware, or software.

 

     (11) Members of the cybersecurity council shall serve without

 

compensation. However, members of the cybersecurity council may be

 

reimbursed for their actual and necessary expenses incurred in the

 

performance of their official duties as members of the

 

cybersecurity council.

 

     (12) The cybersecurity council may request the assistance of

 

state agencies, departments, or offices to carry out its duties.

 

     (13) Not later than December 1 of each year, the cybersecurity

 

council shall submit the report described in subsection (14) for

 

the immediately preceding fiscal year to all of the following:

 

     (a) The director of the department.

 

     (b) The governor.


     (c) The lieutenant governor.

 

     (d) The majority leader of the senate.

 

     (e) The speaker of the house of representatives.

 

     (f) The senate standing committee that has jurisdiction of

 

cybersecurity matters.

 

     (g) The house of representatives standing committee that has

 

jurisdiction of cybersecurity matters.

 

     (14) Each year, the cybersecurity council shall issue a report

 

detailing its activities for the fiscal year that includes, but is

 

not limited to, all of the following:

 

     (a) Improving the infrastructure of this state's cybersecurity

 

operations with existing resources and through partnerships between

 

government, business, and institutions of higher education.

 

     (b) Examining specific actions to accelerate the growth of

 

cybersecurity as an industry in this state.

 

     (15) The cybersecurity council shall create and operate a

 

voluntary program that recognizes private and public entities

 

functioning with exemplary cybersecurity practices as determined by

 

the cybersecurity council. The voluntary program shall do all of

 

the following:

 

     (a) Establish minimum protections for recognition in the

 

voluntary program.

 

     (b) Establish an annual review of the minimum protections

 

described in subdivision (a).

 

     (16) As used in this section:

 

     (a) "Cybersecurity assessment" means an investigation

 

undertaken by a person, governmental body, or other entity to


identify vulnerabilities in cybersecurity plans.

 

     (b) "Cybersecurity incident" includes, but is not limited to,

 

a computer network intrusion or attempted intrusion; a breach of

 

primary computer network controls; unauthorized access to programs,

 

data, or information contained in a computer system; or actions by

 

a third party that materially affect component performance or,

 

because of impact to component systems, prevent normal computer

 

system activities.

 

     (c) "Cybersecurity plan" includes, but is not limited to,

 

information about a person's information systems, network security,

 

encryption, network mapping, access control, passwords,

 

authentication practices, computer hardware or software, or

 

response to cybersecurity incidents.

 

     (d) "Cybersecurity vulnerability" means a deficiency within

 

computer hardware or software, or within a computer network or

 

information system, that could be exploited by unauthorized parties

 

for use against an individual computer user or a computer network

 

or information system.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 633                                      

 

          of the 99th Legislature is enacted into law.