Bill Text: MI HB4729 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Law enforcement; state police; intrastate Michigan emergency management assistance agreement; enact. Creates new act.
Spectrum: Slight Partisan Bill (Republican 14-5)
Status: (Introduced - Dead) 2013-12-10 - Referred To Committee On Local Government And Elections [HB4729 Detail]
Download: Michigan-2013-HB4729-Engrossed.html
HB-4729, As Passed House, December 5, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4729
A bill to create an intrastate emergency management
assistance agreement; to provide for the coordination of assistance
during times of emergencies; and to specify the duties of certain
state and local officials and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"intrastate emergency management assistance agreement".
Sec. 2. As used in this act:
(a) "Authorized representative" means the chief executive of
a participating government, or his or her designee, who has written
authorization to request, offer, or provide assistance under the
emergency management act, 1976 PA 390, MCL 30.401 to 30.421.
(b) "Department" means the department of the state police.
House Bill No. 4729 (H-1) as amended December 4, 2013
(c) "Director" means the director of the department or his or
her designee.
(d) "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, 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.
(e) "Emergency" means any occurrence that requires the
assistance of emergency responders to save lives, protect property
and the public health and safety, or lessen or avert the threat of
a disaster.
(f) "Emergency management coordinator" means that term as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(g) "Emergency management homeland security division" means
the department's emergency management homeland security division.
(h) "Emergency responder" means an individual with special
skills, qualifications, training, knowledge, or experience in the
public or private sector, including all employees and volunteers of
any participating government, that would be beneficial to a
participating government in response to a local state of emergency
declared under the emergency management act, 1976 PA 390, MCL
30.401 to 30.421, serious threats to public safety, or authorized
drill or exercises; and who is requested or is authorized to
respond to a requesting participating government.
(i) "Incident command system" means a standardized on-scene
emergency management construct specifically designed to provide for
the adoption of an integrated organizational structure that
reflects the complexity and demands of single or multiple incidents
without being hindered by jurisdictional boundaries. The incident
command system is the combination of facilities, equipment,
personnel, procedures, and communications operating within a common
organizational structure that is designed to aid in the management
of resources during incidents.
(j) "Participating government" means each political
subdivision of this state whose legislative body has adopted a
resolution to be included under this act.
(k) "Period of assistance" means the period of time beginning
with the departure of any person or equipment of the responding
participating government from any point for the purpose of
traveling to provide assistance to the requesting participating
government, and ending upon the return of all the responding
participating government's personnel and equipment after providing
the assistance requested, to the person's residence or regular
place of work, whichever occurs first, or the equipment's place of
storage. Period of assistance does not include any portion of the
trip during which the personnel of the responding participating
government are engaged in activities not reasonably necessary for
their safe travel to or from the jurisdiction of the requesting
participating government.
(l) "Political subdivision" means that term as defined in
section 2 of the emergency management act, 1976 PA 390, MCL 30.402.
(m) "Requesting participating government" means any
participating government requesting and receiving emergency
assistance under this act.
(n) "Responding participating government" means any
participating government responding to a request for assistance
under this act.
(o) "Serious threats to public health and safety" means a
threat or incident of sufficient magnitude that the necessary
public safety response threatens to overwhelm local resources and
requires mutual aid or other assistance, but for which no local,
state or federal declaration of emergency or disaster is
forthcoming or likely to result.
Sec. 3. An intrastate emergency management assistance
agreement is created between the participating governments of this
state. The purpose of the agreement is to create a system of
intrastate mutual aid between participating governments. Each
participating government recognizes that emergencies transcend
political jurisdictional boundaries and that intergovernmental
coordination is essential for the protection of lives and property
and for best use of available assets both public and private. The
agreement provides for mutual assistance among the participating
governments in the prevention of, mitigation, response to, and
recovery from any emergency or disaster. This act does not preclude
participating governments from entering into supplementary mutual
aid agreements with another political subdivision and does not
affect or in any way supersede any existing mutual aid agreement.
Sec. 4. A participating government may decline further
participation in the agreement created under this act by adopting a
resolution by its legislative body declining to participate. A
political subdivision is considered to have declined participation
when the resolution is filed with the director of the department.
If the department receives a resolution under this section
declining participation, the department shall promptly notify the
appropriate emergency management coordinator of that fact.
Sec. 5. A participating government may request the assistance
of other participating governments in preventing, mitigating,
responding to, or recovering from disasters that result in locally-
declared emergencies, serious threats to public health and safety,
or in concert with authorized drills or exercises as provided in
this act. Requests for assistance shall be made through the
authorized representative of a participating government or his or
her designee in a manner that is consistent with the emergency
management act, 1976 PA 390, MCL 30.401 to 30.421.
Sec. 6. A participating government's obligation to provide
assistance under this act is subject to the following requirements:
(a) A requesting participating government must have exhausted
all of its local resources, anticipate a serious threat to public
health and safety, or be a participant in authorized drills and
exercises.
(b) A responding participating government may withhold
resources to the extent necessary to provide reasonable protection
House Bill No. 4729 (H-1) as amended December 4, 2013
and services for its own jurisdiction.
(c) A responding participating government may withdraw its
resources at any time, provided notice is given to the requesting
participating government before withdrawal.
(d) Emergency response personnel of a responding
participating government shall continue under the command and
control of the responding jurisdiction to include medical
protocols, standard operating procedures, and other protocols, but
shall be under the operational control of the appropriate officials
within the incident management system of the requesting
participating government.
(e) Assets and equipment of a responding participating
government shall continue to be under the command and control of
the responding participating government but shall be under the
operational control of the appropriate officials within the
incident command system of the requesting participating government.
Sec. 7. (1) A requesting participating government shall
reimburse the responding participating government for the entire
period of assistance[, unless that reimbursement is waived by the
responding participating government]. A participating government providing
assistance may donate assets of any kind to a requesting
participating government. The rate for reimbursement under this
subsection shall be as follows:
(a) If the requesting participating government and the
responding participating government have agreed upon a rate, at
that rate.
(b) If the requesting participating government and the
responding participating government have not agreed upon a rate, at
the rate established under the fee schedule of the federal
emergency management agency (FEMA) that is in place at the time the
assistance is provided, or the actual cost of the assistance
provided, whichever is less.
(2) If a dispute arises between parties to the system
regarding reimbursement under subsection (1), the involved parties
shall make every effort to resolve the dispute within 30 days after
being provided with written notice of the dispute by the party
asserting noncompliance. If the dispute is not resolved within 90
days after the notice is received, either party may request the
dispute be resolved through arbitration. Any arbitration under this
subsection shall be conducted under the commercial arbitration
rules of the American arbitration association.
(3) Nothing in this act precludes the chief executive
official of a participating government from requesting, through the
emergency management homeland security division, state or federal
assistance, or the issuance of a gubernatorial or presidential
declaration of emergency or disaster, under the emergency
management act, 1976 PA 390, MCL 30.401 to 30.421, and the federal
Robert T. Stafford disaster relief and emergency assistance act,
Public Law 100-707.
Sec. 8. Personnel of a participating government who sustain
injury or death in the course of, and arising out of, their
employment are entitled to all applicable benefits normally
available to personnel while performing their duties for their
employer. Emergency response personnel shall receive any additional
state and federal benefits that may be available to them for line
of duty deaths.
Sec. 9. Each participating government is responsible for its
own acts and the acts of its employees, agents, volunteers, and
subcontractors.
Sec. 10. In the event of a conflict between the requirements
of this act and the requirements of the emergency management act,
1976 PA 390, MCL 30.401 to 30.421, the requirements of the
emergency management act, 1976 PA 390, MCL 30.401 to 30.421, shall
prevail.
