May 11, 2017, Introduced by Rep. Farrington and referred to the Committee on Appropriations.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending section 19 (MCL 30.419), as amended by 2013 PA 110.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 19. (1) Under extraordinary circumstances, upon the
declaration of a state of disaster or a state of emergency by the
governor and subject to the requirements of this subsection, the
governor may authorize an expenditure from the disaster and
emergency contingency fund to provide state assistance to counties
and municipalities when federal assistance is not available. If the
governor proclaims a state of disaster or a state of emergency, the
first recourse for disaster related expenses shall be to funds of
the county or municipality. If the demands placed upon the funds of
a county or municipality in coping with a particular disaster or
emergency are unreasonably great, the governing body of the county
or municipality may apply, by resolution of the local governing
body, for a grant from the disaster and emergency contingency fund.
The resolution shall certify that the affected county or
municipality emergency operations plan was implemented in a timely
manner. The resolution shall set forth the purpose for which the
assistance is sought, the extent of damages sustained, and certify
an
exhaustion of local efforts. Assistance grants under this
section
shall not exceed $100,000.00 or 10% of the total annual
operating
budget for the preceding fiscal year of the county or
municipality,
whichever is less. The assistance
under this
subsection is to provide grants, excluding reimbursement for
capital outlay expenditures, in mitigation of the extraordinary
burden of a county or municipality in relation to its available
resources. Assistance grants under this section shall not exceed
the following amounts or 10% of the total annual operating budget
for the preceding fiscal year of the county or municipality,
whichever is less:
(a) For a county or municipality with a population under
25,000, $250,000.00.
(b) For a county or municipality with a population of 25,000
or more and less than 75,000, $500,000.00.
(c) For a county or municipality with a population of 75,000
or more, $1,000,000.00.
(2) The director shall promulgate rules governing the
application and eligibility for the use of the state disaster and
emergency contingency fund. Rules that have been promulgated prior
to December 31, 1988 to implement this section shall remain in
effect until revised or replaced. The rules shall include, but not
be limited to, all of the following:
(a) Demonstration of exhaustion of local effort.
(b) Evidence that the applicant is a county that actively
maintains an emergency management program, reviewed by and
determined to be current and adequate by the emergency management
division of the department, before the disaster or emergency for
which assistance is being requested occurs. If the applicant is a
municipality with a population of 10,000 or more, evidence that the
municipality either maintains a separate emergency management
program, reviewed by and determined to be current and adequate by
the emergency management division of the department, before the
disaster or emergency for which assistance is being requested or
occurs, or the municipality is incorporated in the county emergency
management program.
(c) Evidence that the applicable county or municipal emergency
operations plan was implemented in a timely manner at the beginning
of the disaster or emergency.
(d) Reimbursement for expenditures shall be limited to public
damage and direct loss as a result of the disaster or emergency, or
expenses incurred by the applicant for reimbursing employees for
disaster or emergency related activities which were not performed
as a part of their normal duties, or for other needs required
specifically for the mitigation of the effects, or in response to
the disaster or emergency.
(e) A disaster assessment team established by the emergency
management division of the department has substantiated the damages
claimed by the applicant. Damage estimates submitted by the
applicant shall be based upon a disaster assessment carried out by
the applicant according to standard procedures recommended by the
emergency management division.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4609 (request no.
02127'17 *) of the 99th Legislature is enacted into law.