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.