EXECUTIVE ORDER No. 2009 - 52

PROTECTING MICHIGAN'S HOMELAND SECURITY

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 12 of Article V, of the Michigan Constitution of 1963, the Governor is the commander-in-chief of the armed forces and may call them out to execute the laws, suppress insurrection, and repel invasion;

WHEREAS, under Section 171 of the Michigan Military Act, 1967 PA 150, MCL 32.571, the Governor may organize, disband, arrange, transfer, convert, alter, consolidate, or attach units of the military establishment;

WHEREAS, there is a continuing need to assess and evaluate the security of the State of Michigan and to assure that all departments and agencies are communicating and coordinating efforts to address threats to our homeland security;

WHEREAS, it is critical that the Governor be continuously apprised of homeland security issues and be provided the most accurate and prompt information available to ensure that all relevant factors are appropriately weighed in the development and implementation of effective and coordinated homeland security measures;

WHEREAS, changes to Executive Order 2003-6, which established an Assistant Adjutant General for Homeland Security and the Michigan Homeland Protection Board are necessary to reflect organizational changes in state government.

NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. "Adjutant General" means the commanding officer of the military establishment of this state under Section 300 of the Michigan Military Act, 1967 PA 150, MCL 32.700, appointed by the Governor under Section 302 of the Michigan Military Act, 1967 PA 150, MCL 32.702.

B. "Board" means the Michigan Homeland Protection Board established by this Order.

C. "Department of Agriculture" means the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.

D. "Department of Civil Rights" or "Department" means the principal department of state government created by Section 475 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.575.

E. "Department of Community Health" means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the Department of Community Health by Executive Order 1996-1, MCL 330.3101.

F. "Department of Environmental Quality" means the principal department of state government created by Executive Order 1995-18, MCL 324.99903.

G. "Department of Information Technology" means the principal department of state government created by Executive Order 2001-3, MCL 18.41.

H. "Department of Military and Veterans Affairs" means the principal department of state government created as the Department of Military Affairs under Section 125 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.225, and renamed the "Department of Military and Veterans Affairs" by Executive Order 1997-7, MCL 32.91.

I. "Department of Natural Resources and Environment" means the principal department of state government created by Executive Order 2009-45.

J. "Department of State Police" means the principal department of state government created by Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250.

K. "Department of Transportation" means the principal department of state government created by Section 350 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.450.

II. RESCISSION OF EXECUTIVE ORDER 2003-6

A. Executive Order 2003-6 is rescinded in its entirety.  This Order shall not have the effect of reestablishing the Michigan Homeland Security Task Force established by Executive Directive 2002-1 and abolished by Executive Order 2003-6.  Executive Directive 2002-1 remains rescinded.

III. MICHIGAN HOMELAND PROTECTION BOARD

A. The Michigan Homeland Protection Board is created as an advisory body to the Governor within the Department of State Police.

B. The Board shall develop, implement, and revise as needed an effective and coordinated homeland security strategy.  The Board shall refine and update this state's domestic preparedness and homeland security strategies and shall continue to strengthen this state's capabilities to detect, prepare for, prevent, secure and protect against, respond to, and recover from, any terrorist threats or attacks.

C. The members of the Board shall be the Director of the Department of State Police, the Adjutant General, the Director of the Department of Agriculture, the Director of the Department of Civil Rights, the Director of the Department of Community Health, the Director of the Department of Information Technology, and the Director of the Department of Transportation, or their designees.  Before January 17, 2010, the Board also shall include the Director of the Department of Environmental Quality.  After January 16, 2010, the Board also shall include the Director of the Department of Natural Resources and Environmental Quality or his or designee.

D. The Director of the Department of State Police shall serve as Chairperson of the Board.

E. The Board may adopt procedures, consistent with Michigan law and this Order, governing its organization and operations. The Board may establish such committees, subcommittees, and workgroups as it deems advisable.

F. The Board shall meet at the call of the Chairperson, or at the request of the Governor, and as may be provided in procedures adopted by the Board.

G. The Board may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public.  Subject to available funding, the Commission also may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

H. The Homeland Security Advisory Council is created to advise the Board and to provide input, advice, and recommendations to the Board on any issues deemed necessary by the Board.  The Homeland Security Advisory Council shall consist of the Deputy State Director of Emergency Management and Homeland Security, the Adjutant General or his or her designee from within the Department of Military and Veterans Affairs and other members as directed by the Board.  The Deputy State Director of Emergency Management and Homeland Security Division shall serve as the Chairperson of the Homeland Security Advisory Council.

I. The Homeland Security Advisory Council may, with direction from the Board, appoint advisory groups consisting of government officials and members of the public to solicit input, receive recommendations, and assist in the development of plans and strategies on homeland security issues, including, but not limited to, agriculture and food supply; communications and information technology systems; critical infrastructure protection; energy; hazardous and radioactive materials; key facilities and special events; transportation systems; water systems; public health and hospitals; indications and warnings, response equipment, and exercises; strategic planning; and training and technical assistance.

IV. DEPARTMENT OF STATE POLICE

A. As required by the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421:

1. The Director of the Department of State Police or his or her designee shall continue to serve as the State Director of Emergency Management and Homeland Security.

2.  The Emergency Management and Homeland Security Division within the Department of State Police shall continue to coordinate this state's emergency management activities for all emergencies and disasters.

3. The commanding officer of the Emergency Management and Homeland Security Division shall continue to serve as the Deputy State Director of Emergency Management and Homeland Security.

4. All state departments and agencies shall cooperate with the activities of the Emergency Management and Homeland Security Division of the Department of State Police.

B. The State Director of Emergency Management and Homeland Security shall direct homeland security response activities under the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421.

C. The Emergency Management and Homeland Security Division of the Department of State Police shall continue to serve as the focal point for all emergency and disaster response to ensure that response activities are carried out in a coordinated manner.

V. MISCELLANEOUS

A. The Director of the Department of State Police shall make internal organizational changes within the Department of State Police as may be administratively necessary to implement this Order and to assure that the Governor is provided timely and accurate information and advice regarding homeland security matters and policy.

B. Departments and agencies shall, to the extent permitted by law, make available to the Director of the Department of State Police all information relating to terrorist threats and activities.  The Director of the Department of State Police shall encourage and invite the participation of local governments and private entities, as appropriate.

C. Departments and autonomous agencies shall actively support the Michigan Homeland Protection Board by:

1. Assigning key personnel at the request of the Director of the Department of State Police to actively participate in this state's homeland security efforts and to assist in the development and implementation of homeland security strategy, goals, and objectives.

2. Ensuring implementation of Board goals and objectives identified as requiring action by a particular department or agency.

D. The active collaboration in homeland security efforts by all department directors and autonomous agency heads will ensure that this state's emergency management and homeland security system will be better prepared to respond to terrorist threats or attacks.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion.  Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

This Order is effective upon filing.
Given under my hand and the Great Seal of the State of Michigan this 29th day of October in the year of our Lord, two thousand nine.
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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
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SECRETARY OF STATE