SENATE BILL No. 954

 

 

January 11, 2006, Introduced by Senators BISHOP, BIRKHOLZ, GILBERT, CROPSEY, KUIPERS and ALLEN and referred to the Committee on Local, Urban and State Affairs.

 

 

 

     A bill to amend 1976 PA 390, entitled

 

"Emergency management act,"

 

by amending sections 9 and 10 (MCL 30.409 and 30.410), as amended

 

by 2002 PA 132.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9. (1) The county board of commissioners of each county

 

shall appoint an emergency management coordinator. In the absence

 

of an appointed person, the emergency management coordinator shall

 

be the chairperson of the county board of commissioners. The

 

emergency management coordinator shall act for, and at the

 

direction of, the chairperson of the county board of commissioners

 

in the coordination of all matters pertaining to emergency

 

management in the county, including mitigation, preparedness,

 


response, and recovery. In counties with an elected county

 

executive, the county emergency management coordinator may act for

 

and at the direction of the county executive. Pursuant to a

 

resolution adopted by a county, the county boards of commissioners

 

of not more than 3 adjoining counties may agree upon and appoint a

 

coordinator to act for the multicounty area.

 

     (2) A municipality with a population of 100,000 or more shall

 

appoint a municipal emergency management coordinator. The

 

coordinator of a municipality shall be appointed by the chief

 

executive official in a manner provided in the municipal charter.

 

The coordinator of a municipality with a population of 100,000 or

 

more shall act for and at the direction of the chief executive

 

official of the municipality or the official designated in the

 

municipal charter in the coordination of all matters pertaining to

 

emergency management, disaster preparedness, and recovery

 

assistance within the municipality. The coordinator shall prepare

 

an emergency management plan as required under section 10.

 

     (3)  (2)  A municipality with a population of 25,000 or more

 

shall either appoint a municipal emergency management coordinator

 

or appoint the coordinator of the county as the municipal emergency

 

management coordinator pursuant to subsection  (7)  (8). In the

 

absence of an appointed person, the emergency management

 

coordinator shall be the chief executive official of that

 

municipality. The coordinator of a municipality shall be appointed

 

by the chief executive official in a manner provided in the

 

municipal charter. The coordinator of a municipality with a

 

population of 25,000 or more shall act for and at the direction of

 


the chief executive official of the municipality or the official

 

designated in the municipal charter in the coordination of all

 

matters pertaining to emergency management, disaster preparedness,

 

and recovery assistance within the municipality.

 

     (4)  (3)  A municipality with a population of 10,000 or more

 

may appoint an emergency management coordinator for the

 

municipality. The coordinator of a municipality shall be appointed

 

by the chief executive official in a manner provided in the

 

municipal charter. The coordinator of a municipality with a

 

population of 10,000 or more shall act for and at the direction of

 

the chief executive official or the official designated by the

 

municipal charter in the coordination of all matters pertaining to

 

emergency management, disaster preparedness, and recovery

 

assistance within the municipality.

 

     (5)  (4)  A municipality having a population of less than

 

10,000 may appoint an emergency management coordinator who shall

 

serve at the direction of the county emergency management

 

coordinator.

 

     (6)  (5)  A public college or university with a combined

 

average population of faculty, students, and staff of 25,000 or

 

more, including its satellite campuses within this state, shall

 

appoint an emergency management coordinator for the public college

 

or university. Public colleges or universities with a combined

 

average population of faculty, students, and staff of 10,000 or

 

more, including its satellite campuses within this state, may

 

appoint an emergency management coordinator for the public college

 

or university.

 


     (7)  (6)  A person is not ineligible for appointment as an

 

emergency management coordinator, or as a member of a county or

 

municipal emergency services or emergency management agency or

 

organization, because that person holds another public office or

 

trust, and that person shall not forfeit the right to a public

 

office or trust by reason of his or her appointment as an emergency

 

management coordinator.

 

     (8)  (7)  A county coordinator may be appointed a municipal

 

coordinator for any municipality within the county and a municipal

 

coordinator may be appointed a county coordinator.

 

     Sec. 10. (1) Each county and municipality that has appointed

 

an emergency management coordinator under section 9 may do 1 or

 

more of the following:

 

     (a) Direct and coordinate the development of emergency

 

operations plans and programs in accordance with the policies and

 

plans established by the appropriate federal and state agencies.

 

Each department or agency of a county or municipality specified in

 

the emergency operations plan to provide an annex to the plan shall

 

prepare and continuously update the annex providing for emergency

 

management activities, including mitigation, preparedness,

 

response, and recovery, by the department or agency and those other

 

emergency activities the department or agency is specified to

 

coordinate. Emergency operations plans and programs developed under

 

this subsection shall include provisions for the dissemination of

 

public information and local broadcasters shall be consulted in

 

developing such provisions. Emergency operations plans and programs

 

developed under this subdivision shall include local courts.

 


     (b) Declare a local state of emergency if circumstances within

 

the county or municipality indicate that the occurrence or threat

 

of widespread or severe damage, injury, or loss of life or property

 

from a natural or human-made cause exists and, under a declaration

 

of a local state of emergency, issue directives as to travel

 

restrictions on county or local roads. This power shall be vested

 

in the chief executive official of the county or municipality or

 

the official designated by charter and shall not be continued or

 

renewed for a period in excess of 7 days except with the consent of

 

the governing body of the county or municipality. The declaration

 

of a local state of emergency shall be promptly filed with the

 

emergency management division of the department, unless

 

circumstances attendant upon the disaster prevent or impede its

 

prompt filing.

 

     (c) Appropriate and expend funds, make contracts, and obtain

 

and distribute equipment, materials, and supplies for disaster

 

purposes.

 

     (d) Provide for the health and safety of persons and property,

 

including emergency assistance to the victims of a disaster.

 

     (e) Direct and coordinate local multi-agency response to

 

emergencies within the county or municipality.

 

     (f) Appoint, employ, remove, or provide, with or without

 

compensation, rescue teams, auxiliary fire and police personnel,

 

and other disaster workers.

 

     (g) Appoint a local emergency management advisory council.

 

     (h) If a state of disaster or emergency is declared by the

 

governor, assign and make available for duty the employees,

 


property, or equipment of the county or municipality relating to

 

fire fighting; engineering; rescue; health, medical, and related

 

services; police; transportation; construction; and similar items

 

or service for disaster relief purposes within or without the

 

physical limits of the county or municipality as ordered by the

 

governor or the director.

 

     (i) In the event of a foreign attack upon this state, waive

 

procedures and formalities otherwise required by law pertaining to

 

the performance of public work, entering into contracts, the

 

incurring of obligations, the employment of permanent and temporary

 

workers, the utilization of volunteer workers, the rental of

 

equipment, the purchase and distribution with or without

 

compensation of supplies, materials, and facilities, and the

 

appropriation and expenditure of public funds.

 

     (2) A municipality with a population of 100,000 or more shall

 

prepare and submit an emergency management plan to the emergency

 

management division for review and approval. The plan shall provide

 

for emergency management activities, including mitigation,

 

preparedness, response, and recovery, by the municipality. The

 

emergency management plan developed under this subsection shall

 

include provisions for the dissemination of public information, and

 

local broadcasters shall be consulted in developing such

 

provisions. The emergency management plan developed under this

 

subsection shall be continuously updated.

 

     (3) Each county health department shall prepare and submit an

 

emergency management plan to the emergency management division for

 

review and approval. The plan shall provide for emergency

 


management activities, including mitigation, preparedness,

 

response, and recovery, by the health department. The emergency

 

management plan developed under this subsection shall include

 

provisions for the dissemination of public information, and local

 

broadcasters shall be consulted in developing such provisions. The

 

emergency management plan developed under this subsection shall be

 

continuously updated.

 

     (4)  (2)  For the purpose of providing assistance during a

 

disaster or emergency, municipalities and counties may enter into

 

mutual aid or reciprocal aid agreements or compacts with other

 

counties, municipalities, public agencies, federally recognized

 

tribal nations, or private sector agencies, or all of these

 

entities. A compact entered into pursuant to this subsection is

 

limited to the exchange of personnel, equipment, and other

 

resources in times of emergency, disaster, or other serious threats

 

to public health and safety. The arrangements shall be consistent

 

with the Michigan emergency management plan.

 

     (5)  (3)  The emergency management coordinator may assist in

 

the development or negotiation, or both, of a mutual aid or

 

reciprocal aid agreement or compact made  pursuant to  under

 

section 4(3) and shall carry out the agreement or compact.