Bill Text: MI HB4697 | 2017-2018 | 99th Legislature | Introduced


Bill Title: State financing and management; other; definition of disaster; expand to include a cybersecurity incident. Amends sec. 2 of 1976 PA 390 (MCL 30.402).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-07 - Bill Electronically Reproduced 06/06/2017 [HB4697 Detail]

Download: Michigan-2017-HB4697-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4697

 

 

June 6, 2017, Introduced by Reps. Green, Hertel, Phelps, Iden, Jones, Lasinski, Yanez, Lucido, Elder, Hoadley, LaGrand, Faris, Lower and Yaroch and referred to the Committee on Communications and Technology.

 

     A bill to amend 1976 PA 390, entitled

 

"Emergency management act,"

 

by amending section 2 (MCL 30.402), as amended by 1990 PA 50.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Chief executive official" means:

 

     (i) In the case of a county with an elected county executive,

 

the county executive.

 

     (ii) In the case of a county without an elected county

 

executive, the chairperson of the county board of commissioners, or

 

the appointed administrator designated by appropriate enabling

 

legislation.

 

     (iii) In the case of a city, the mayor or the individual

 

specifically identified in the municipal charter.

 

     (iv) In the case of a township, the township supervisor.


     (v) In the case of a village, the village president or the

 

individual specifically identified in the village charter.

 

     (b) "Council" means the Michigan emergency management advisory

 

council.

 

     (c) "Cybersecurity incident" means an event occurring on or

 

conducted through a computer network that actually or imminently

 

jeopardizes the integrity, confidentiality, or availability of

 

computers, information, or communications systems or networks,

 

physical or virtual infrastructure controlled by computers or

 

information systems, or information resident on any of these.

 

Cybersecurity incident includes, but is not limited to, the

 

existence of a vulnerability in an information system, system

 

security procedures, internal controls, or implementation that is

 

subject to exploitation.

 

     (d) (c) "Department" means the department of state police.

 

     (e) (d) "Director" or "state director of emergency management"

 

means the director of the department of state police or his or her

 

designee.

 

     (f) (e) "Disaster" means an occurrence or threat of widespread

 

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

 

from a natural or human-made cause, including, but not limited to,

 

fire, flood, snowstorm, ice storm, tornado, windstorm, wave action,

 

oil spill, water contamination, utility failure, cybersecurity

 

incident, hazardous peacetime radiological incident, major

 

transportation accident, hazardous materials incident, epidemic,

 

air contamination, blight, drought, infestation, explosion, or

 

hostile military action or paramilitary action, or similar


occurrences resulting from terrorist activities, riots, or civil

 

disorders.

 

     (g) (f) "Disaster relief forces" means all agencies of state,

 

county, and municipal government, private and volunteer personnel,

 

public officers and employees, and all other persons or groups of

 

persons having duties or responsibilities under this act or

 

pursuant to a lawful order or directive authorized by this act.

 

     (h) (g) "District coordinator" means the state police

 

emergency management division district coordinator.

 

     (i) (h) "Emergency" means any occasion or instance in which

 

the governor determines state assistance is needed to supplement

 

local efforts and capabilities to save lives, protect property and

 

the public health and safety, or to lessen or avert the threat of a

 

catastrophe in any part of the state.

 

     (j) (i) "Emergency management coordinator" means a person

 

appointed pursuant to section 9 to coordinate emergency management

 

within the county or municipality. Emergency management coordinator

 

includes a civil defense director, civil defense coordinator,

 

emergency services coordinator, emergency program manager, or other

 

person with a similar title and duties.

 

     (k) (j) "Local state of emergency" means a proclamation or

 

declaration that activates the response and recovery aspects of any

 

and all applicable local or interjurisdictional emergency

 

operations plans and authorizes the furnishing of aid, assistance,

 

and directives under those plans.

 

     (l) (k) "Michigan emergency management plan" means the plan

 

prepared and maintained by the emergency management division of the


department and signed by the governor.

 

     (m) (l) "Municipality" means a city, village, or township.

 

     (n) (m) "Person" means an individual, partnership,

 

corporation, association, governmental entity, or any other entity.

 

     (o) (n) "Political subdivision" means a county, municipality,

 

school district, or any other governmental unit, agency, body,

 

board, or commission which that is not a state department, board,

 

commission, or agency of state government.

 

     (p) (o) "Rule" means a rule promulgated pursuant to the

 

administrative procedures act of 1969, Act No. 306 of the Public

 

Acts of 1969, being sections 24.201 to 24.328 of the Michigan

 

Compiled Laws.1969 PA 306, MCL 24.201 to 24.328.

 

     (q) (p) "State of disaster" means an executive order or

 

proclamation that activates the disaster response and recovery

 

aspects of the state, local, and interjurisdictional emergency

 

operations plans applicable to the counties or municipalities

 

affected.

 

     (r) (q) "State of emergency" means an executive order or

 

proclamation that activates the emergency response and recovery

 

aspects of the state, local, and interjurisdictional emergency

 

operations plans applicable to the counties or municipalities

 

affected.

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