SENATE BILL No. 953

December 11, 2001, Introduced by Senator STILLE and referred to the Committee on

Judiciary.

A bill to amend 1976 PA 390, entitled

"Emergency management act,"

by amending sections 3, 7, 7a, 8, 9, 10, and 11 (MCL 30.403,

30.407, 30.407a, 30.408, 30.409, 30.410, and 30.411), sections 3,

7, 8, 9, 10, and 11 as amended and section 7a as added by 1990

PA 50, and by adding section 21; and to repeal acts and parts of

acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 3. (1) The governor is responsible for coping with

2 dangers to this state or THE people of this state presented by a

3 disaster or emergency.

4 (2) The governor may issue executive orders, proclamations,

5 and directives having the force and effect of law to implement

6 this act. An EXCEPT AS PROVIDED IN SECTION 7(2), AN executive

04829'01 * JLB

2

1 order, proclamation, or directive may be amended or rescinded by

2 the governor.

3 (3) The governor shall, by executive order or proclamation,

4 declare a state of disaster if he or she finds a disaster has

5 occurred or the threat of a disaster exists. The state of

6 disaster shall continue until the governor finds that the threat

7 or danger has passed, the disaster has been dealt with to the

8 extent that disaster conditions no longer exist, or until the

9 declared state of disaster has been in effect for 14 28 days.

10 After 14 28 days, the governor shall issue an executive order

11 or proclamation declaring the state of disaster terminated,

12 unless a request by the governor for an extension of the state of

13 disaster for a specific number of days is approved by RESOLUTION

14 OF BOTH HOUSES OF the legislature. An executive order or procla-

15 mation issued pursuant to this subsection shall indicate the

16 nature of the disaster, the area or areas threatened, the condi-

17 tions causing the disaster, and the conditions permitting the

18 termination of the state of disaster. An executive order or

19 proclamation shall be disseminated promptly by means calculated

20 to bring its contents to the attention of the general public and

21 shall be promptly filed with the emergency management division of

22 the department and the secretary of state, unless circumstances

23 attendant upon the disaster prevent or impede its prompt filing.

24 (4) The governor shall, by executive order or proclamation,

25 declare a state of emergency if he or she finds that an emergency

26 has occurred or that the threat of an emergency exists. The

27 state of emergency shall continue until the governor finds that

04829'01 *

3

1 the threat or danger has passed, the emergency has been dealt

2 with to the extent that emergency conditions no longer exist, or

3 until the declared state of emergency has been in effect for 14

4 28 days. After 14 28 days, the governor shall issue an execu-

5 tive order or proclamation declaring the state of emergency ter-

6 minated, unless a request by the governor for an extension of the

7 state of emergency for a specific number of days is approved by

8 RESOLUTION OF BOTH HOUSES OF the legislature. An executive order

9 or proclamation issued pursuant to this subsection shall indicate

10 the nature of the emergency, the area or areas threatened, the

11 conditions causing the emergency, and the conditions permitting

12 the termination of the state of emergency. An executive order or

13 proclamation shall be disseminated promptly by means calculated

14 to bring its contents to the attention of the general public and

15 shall be promptly filed with the emergency management division of

16 the department and the secretary of state, unless circumstances

17 attendant upon the emergency prevent or impede its prompt

18 filing.

19 Sec. 7. (1) The director shall implement the orders and

20 directives of the governor in the event of a disaster or an emer-

21 gency and shall coordinate all federal, state, county, and munic-

22 ipal disaster prevention, mitigation, relief, and recovery opera-

23 tions within this state. At the specific direction of the gover-

24 nor, the director shall assume complete command of all disaster

25 relief, mitigation, and recovery forces, except the national

26 guard or state defense force, if it appears that this action is

27 absolutely necessary for an effective effort.

04829'01 *

4

1 (2) IF THE GOVERNOR HAS ISSUED A PROCLAMATION, EXECUTIVE

2 ORDER, OR DIRECTIVE UNDER SECTION 3 REGARDING STATE OF DISASTER

3 OR STATE OF EMERGENCY DECLARATIONS, OR SECTION 5 REGARDING

4 ACTIONS DIRECTED BY THE GOVERNOR, THE DIRECTOR MAY, WITH THE CON-

5 CURRENCE OF THE GOVERNOR, AMEND THE PROCLAMATION OR DIRECTIVE BY

6 ADDING ADDITIONAL COUNTIES OR MUNICIPALITIES OR TERMINATING THE

7 ORDERS AND RESTRICTIONS AS CONSIDERED NECESSARY.

8 (3) (2) The director shall comply with the applicable pro-

9 visions of the Michigan emergency management plan in the per-

10 formance of the director's duties under this act.

11 (4) (3) The director's powers and duties shall include the

12 administration of state and federal disaster relief funds and

13 money; the mobilization and direction of state disaster relief

14 forces; the assignment of general missions to the national guard

15 or state defense force activated for active state duty to assist

16 the disaster relief operations; the receipt, screening, and

17 investigation of requests for assistance from county and munici-

18 pal governmental entities; the making of recommendations to

19 the governor; and other appropriate actions within the general

20 authority of the director.

21 (5) (4) In carrying out the director's responsibilities

22 under this act, the director may plan for and utilize the assist-

23 ance of any volunteer group or person having a pertinent service

24 to render.

25 (6) (5) The director may issue a directive relieving the

26 donor or supplier of voluntary or private assistance from

04829'01 *

5

1 liability for other than gross negligence in the performance of

2 the service ASSISTANCE.

3 Sec. 7a. (1) The department shall establish an emergency

4 management division for the purpose of coordinating within this

5 state the emergency management activities of county, municipal,

6 state, and federal governments. The department shall provide the

7 division with professional and support employees as necessary for

8 the performance of its functions.

9 (2) The division shall prepare and maintain a Michigan emer-

10 gency management plan that is a comprehensive plan that encom-

11 passes mitigation, preparedness, response, and recovery for this

12 state.

13 (3) The division shall receive available state and federal

14 emergency management and disaster related grants-in-aid and shall

15 administer and apportion the grants according to appropriately

16 established guidelines to the agencies of the THIS state and

17 local political subdivisions.

18 (4) The division may do 1 or more of the following:

19 (a) Promulgate rules that establish standards and require-

20 ments for the appointment, training, and professional development

21 of emergency management coordinators.

22 (b) Promulgate rules that establish standards and require-

23 ments for local and interjurisdictional emergency management

24 programs.

25 (c) Periodically review local and interjurisdictional emer-

26 gency operations plans.

04829'01 *

6

1 (d) Promulgate rules that establish standards and

2 requirements for emergency training and exercising programs and

3 public information programs.

4 (e) Make surveys of industries, resources, and facilities

5 within the THIS state, both public and private, as are neces-

6 sary to carry out the purposes of this act.

7 (f) Prepare, for issuance by the governor, executive orders,

8 proclamations, and regulations as necessary or appropriate in

9 coping with disasters and emergencies.

10 (g) Provide for 1 or more state emergency operations centers

11 to provide for the coordination of emergency response and

12 disaster recovery in this state.

13 (h) Provide for the coordination and cooperation of state

14 government agencies and departments with federal and local gov-

15 ernment agencies and departments in emergency management

16 activities.

17 (i) Cooperate with the federal government and any public or

18 private agency or entity in achieving any purpose of this act and

19 in implementing programs for disaster mitigation, preparation,

20 response, and recovery.

21 (J) PROPOSE AND ADMINISTER STATEWIDE MUTUAL AID COMPACTS AND

22 AGREEMENTS.

23 (k) (j) Do other activities necessary, incidental, or

24 appropriate for the implementation of this act.

25 (5) FOR PURPOSES OF THIS SECTION, THE JUDICIAL BRANCH OF

26 THIS STATE IS CONSIDERED A DEPARTMENT OF STATE GOVERNMENT.

04829'01 *

7

1 (6) (5) As used in this section, "division" means the

2 emergency management division of the department.

3 Sec. 8. (1) Each THE DIRECTOR OF EACH department of state

4 government, and those agencies of state government required by

5 the Michigan emergency management plan to provide an annex to

6 that plan, shall employ or appoint an SERVE AS emergency man-

7 agement coordinator FOR THEIR RESPECTIVE DEPARTMENTS OR

8 AGENCIES. EACH DIRECTOR MAY APPOINT OR EMPLOY A DESIGNATED REP-

9 RESENTATIVE AS EMERGENCY MANAGEMENT COORDINATOR, PROVIDED THAT

10 THE REPRESENTATIVE SHALL ACT FOR AND AT THE DIRECTION OF THAT

11 DIRECTOR WHILE FUNCTIONING IN THE CAPACITY OF EMERGENCY MANAGE-

12 MENT COORDINATOR UPON THE ACTIVATION OF THE STATE EMERGENCY OPER-

13 ATIONS CENTER, OR THE DECLARATION OF A STATE OF DISASTER OR

14 EMERGENCY. Each department or agency emergency management coordi-

15 nator shall act as liaison between his or her department or

16 agency and the emergency management division of the department in

17 all matters of emergency management, including the activation of

18 the Michigan emergency management plan. Each department or

19 agency of state government specified in the Michigan emergency

20 management plan shall prepare and continuously update an annex to

21 the plan providing for the delivery of emergency management

22 activities by that agency or the department. The annexes shall

23 be in a form prescribed by the director. The emergency manage-

24 ment coordinator shall represent the agency or department head in

25 the drafting and updating of the respective agency's or the

26 department's emergency management annex and in coordinating the

27 agency's or department's emergency management efforts with those

04829'01 *

8

1 of the other state agencies as well as with county and municipal

2 governments.

3 (2) Upon the declaration of a STATE OF disaster or an A

4 STATE OF emergency by the governor, each state agency shall coop-

5 erate to the fullest possible extent with the director in the

6 performance of the services which THAT it is suited to perform,

7 and as described in the Michigan emergency management plan, in

8 the prevention, mitigation, response to, or recovery from the

9 disaster or emergency. FOR PURPOSES OF THIS SECTION, THE JUDI-

10 CIAL BRANCH OF THIS STATE IS CONSIDERED A DEPARTMENT OF STATE

11 GOVERNMENT AND THE CHIEF JUSTICE OF THE MICHIGAN SUPREME COURT IS

12 CONSIDERED THE DIRECTOR OF THAT DEPARTMENT.

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

14 county shall appoint an emergency management coordinator. In the

15 absence of an appointed person, the emergency management coordi-

16 nator shall be the chairperson of the county board of

17 commissioners. The emergency management coordinator shall act

18 for, and at the direction of, the chairperson of the county board

19 of commissioners in the coordination of all matters pertaining to

20 emergency management IN THE COUNTY, disaster INCLUDING

21 MITIGATION, preparedness, RESPONSE, and recovery. assistance

22 within the county except in IN counties with an elected county

23 executive, in which case the county emergency management coor-

24 dinator may act for and at the direction of the county

25 executive. Pursuant to a resolution adopted by a county, the

26 county boards of commissioners of not more than 3 adjoining

04829'01 *

9

1 counties may agree upon and appoint a coordinator to act for the

2 multicounty area.

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

4 either appoint a municipal emergency management coordinator or

5 appoint the coordinator of the county as the municipal emergency

6 management coordinator pursuant to subsection (6) (7). In the

7 absence of an appointed person, the emergency management coordi-

8 nator shall be the chief executive official of that

9 municipality. The coordinator of a municipality shall be

10 appointed by the chief executive official in a manner provided in

11 the municipal charter. The coordinator of a municipality with a

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

13 of the chief executive official of the municipality or the offi-

14 cial designated in the municipal charter in the coordination of

15 all matters pertaining to emergency management, disaster pre-

16 paredness, and recovery assistance within the municipality.

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

18 appoint an emergency management coordinator for the

19 municipality. The coordinator of a municipality shall be

20 appointed by the chief executive official in a manner provided in

21 the municipal charter. The coordinator of a municipality with a

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

23 of the chief executive official or the official designated by the

24 municipal charter in the coordination of all matters pertaining

25 to emergency management, disaster preparedness, and recovery

26 assistance within the municipality.

04829'01 *

10

1 (4) A municipality having a population of less than 10,000

2 may appoint an emergency management coordinator who shall serve

3 at the direction of the county emergency management coordinator.

4 (5) A PUBLIC COLLEGE OR UNIVERSITY WITH A COMBINED AVERAGE

5 POPULATION OF FACULTY, STUDENTS, AND STAFF OF 25,000 OR MORE,

6 INCLUDING ITS SATELLITE CAMPUSES WITHIN THIS STATE, SHALL APPOINT

7 AN EMERGENCY MANAGEMENT COORDINATOR FOR THE PUBLIC COLLEGE OR

8 UNIVERSITY. PUBLIC COLLEGES OR UNIVERSITIES WITH A COMBINED

9 AVERAGE POPULATION OF FACULTY, STUDENTS, AND STAFF OF 10,000 OR

10 MORE, INCLUDING ITS SATELLITE CAMPUSES WITHIN THIS STATE, MAY

11 APPOINT AN EMERGENCY MANAGEMENT COORDINATOR FOR THE PUBLIC COL-

12 LEGE OR UNIVERSITY.

13 (6) (5) A person shall IS not be ineligible for

14 appointment as an emergency management coordinator, or as a

15 member of a county or municipal emergency services or emergency

16 management agency or organization, because that person holds

17 another public office or trust, and that person shall not forfeit

18 the right to a public office or trust by reason of the HIS OR

19 HER appointment as an emergency management coordinator.

20 (7) (6) A county coordinator may be appointed a municipal

21 coordinator for any municipality within the county and a munici-

22 pal coordinator may be appointed a county coordinator.

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

24 appointed an emergency management coordinator pursuant to UNDER

25 section 9 may do 1 or more of the following:

26 (a) Direct and coordinate the development of emergency

27 operations plans and programs in accordance with the policies and

04829'01 *

11

1 plans established by the appropriate federal and state agencies.

2 Each department or agency of a county or municipality specified

3 in the emergency operations plan to provide an annex to the plan

4 shall prepare and continuously update the annex providing for

5 emergency management activities, INCLUDING MITIGATION, PREPARED-

6 NESS, RESPONSE, AND RECOVERY, by the department or agency and

7 those other emergency activities the department or agency is

8 specified to coordinate. EMERGENCY OPERATIONS PLANS AND PROGRAMS

9 DEVELOPED UNDER THIS SUBDIVISION SHALL INCLUDE LOCAL COURTS.

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

11 within the county or municipality indicate that the occurrence or

12 threat of widespread or severe damage, injury, or loss of life or

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

14 declaration of a local state of emergency, issue directives as to

15 travel restrictions on county or local roads. This power shall

16 be vested in the chief executive official of the county or munic-

17 ipality or the official designated by charter and shall not be

18 continued or renewed for a period in excess of 7 days except with

19 the consent of the governing body of the county or municipality.

20 The proclamation or declaration OF A LOCAL STATE OF EMERGENCY

21 shall be promptly filed with the emergency management division of

22 the department, unless circumstances attendant upon the disaster

23 prevent or impede its prompt filing.

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

25 and distribute equipment, materials, and supplies for disaster

26 purposes.

04829'01 *

12

1 (d) Provide for the health and safety of persons and

2 property, including emergency assistance to the victims of a

3 disaster.

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

5 emergencies within the county or municipality.

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

7 compensation, rescue teams, auxiliary fire and police personnel,

8 and other disaster workers.

9 (g) Appoint a local emergency management advisory council.

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

11 governor, assign and make available for duty the employees, prop-

12 erty, or equipment of the county or municipality relating to fire

13 fighting; engineering; rescue; health, medical, and related serv-

14 ices; police; transportation; construction; and similar items or

15 service for disaster relief purposes within or without the physi-

16 cal limits of the county or municipality as ordered by the gover-

17 nor or the director.

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

19 procedures and formalities otherwise required by law pertaining

20 to the performance of public work, entering into contracts, the

21 incurring of obligations, the employment of permanent and tempo-

22 rary workers, the utilization of volunteer workers, the rental of

23 equipment, the purchase and distribution with or without compen-

24 sation of supplies, materials, and facilities, and the appropria-

25 tion and expenditure of public funds.

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

27 disaster or emergency, municipalities and counties may enter into

04829'01 *

13

1 mutual aid or reciprocal aid agreements or compacts with other

2 counties, municipalities, public agencies, FEDERALLY RECOGNIZED

3 TRIBAL NATIONS, or private sector agencies, or all of these

4 entities. A compact entered into pursuant to this subsection is

5 limited to the exchange of personnel, equipment, and other

6 resources in times of emergency, or disaster, OR OTHER SERIOUS

7 THREATS TO PUBLIC HEALTH AND SAFETY. The arrangements shall be

8 consistent with the Michigan emergency management plan.

9 (3) The emergency management coordinator may assist in the

10 development or negotiation, or both, of a mutual aid or recipro-

11 cal aid agreement or compact made pursuant to section 4(3) and

12 shall carry out the agreement or compact.

13 Sec. 11. (1) Personnel of disaster relief forces while on

14 duty shall ARE SUBJECT TO ALL OF THE FOLLOWING PROVISIONS:

15 (a) If they are an employee of the THIS state, THEY have

16 the powers, duties, rights, privileges, and immunities of and

17 receive the compensation incidental to their employment.

18 (b) If they are employees of a county, municipality, or

19 other governmental agency POLITICAL SUBDIVISION OF THIS STATE,

20 regardless of where serving, THEY have the powers, duties,

21 rights, privileges, and immunities and receive the compensation

22 incidental to their employment.

23 (c) If they are not employees of the THIS state , a

24 county, municipality, or other governmental agency OR A POLITI-

25 CAL SUBDIVISION OF THIS STATE, be THEY ARE entitled to the same

26 rights and immunities as are provided by law for the employees

27 of the THIS state. All personnel of disaster relief forces

04829'01 *

14

1 shall, while on duty, be subject to the operational control of

2 the authority in charge of disaster relief activities in the area

3 in which they are serving, and shall be reimbursed for all actual

4 and necessary travel and subsistence expenses.

5 (2) The THIS state, or any political subdivision OF THIS

6 STATE, or the EMPLOYEES, agents, or representatives of the THIS

7 state or any political subdivision , shall OF THIS STATE ARE

8 not be liable for personal injury or property damage sustained

9 by any person appointed or acting as a volunteer MEMBER OF

10 disaster relief FORCES. worker, or a member of any agency

11 engaged in disaster relief activity. In addition, a volunteer

12 disaster relief worker or a member of any agency engaged in

13 disaster relief activity shall not be liable in a civil action

14 for damages resulting from an act or omission arising out of and

15 in the course of the person's good faith rendering of that activ-

16 ity, unless the person's act or omission was the result of that

17 person's gross negligence or willful misconduct. This act shall

18 not affect the right of a person to receive benefits or compensa-

19 tion to which he or she may otherwise be entitled to under the

20 workmen's compensation law WORKER'S DISABILITY COMPENSATION ACT

21 OF 1969, 1969 PA 317, MCL 418.101 TO 418.941, any pension law, or

22 any act of congress.

23 (3) Subsection (2) shall not apply to a person engaged in

24 disaster relief activity for remuneration beyond reimbursement

25 for out-of-pocket expenses in connection with the activity.

26 (3) (4) The THIS state , OR a political subdivision ,

27 or, except in cases of willful misconduct, gross negligence, or

04829'01 *

15

1 bad faith, the employees, agents, or representatives of the state

2 or a political subdivision, or any volunteer or auxiliary

3 disaster relief worker or member of any agency engaged in any

4 disaster relief activity, complying with or reasonably attempting

5 to comply with this act, or any order, rule promulgated pursuant

6 to the provisions of this act, or pursuant to any ordinance

7 relating to any precautionary measures enacted by a political

8 subdivision, shall not be liable for the death of or injury to

9 persons, or for damage to property, as a result of that activity

10 OF THIS STATE ENGAGED IN DISASTER RELIEF ACTIVITY IS NOT LIABLE

11 FOR THE DEATH OF OR INJURY TO A PERSON OR PERSONS, OR FOR DAMAGE

12 TO PROPERTY, AS A RESULT OF THAT ACTIVITY. THE EMPLOYEES,

13 AGENTS, OR REPRESENTATIVES OF THIS STATE OR A POLITICAL SUBDIVI-

14 SION OF THIS STATE AND NONGOVERNMENTAL DISASTER RELIEF FORCE

15 WORKERS OR PRIVATE OR VOLUNTEER PERSONNEL ENGAGED IN DISASTER

16 RELIEF ACTIVITY ARE IMMUNE FROM TORT LIABILITY UNDER SECTION 7 OF

17 1964 PA 170, MCL 691.1407. AS USED IN THIS SECTION, "DISASTER

18 RELIEF ACTIVITY" INCLUDES TRAINING FOR OR RESPONDING TO AN

19 ACTUAL, IMPENDING, MOCK, OR PRACTICE DISASTER OR EMERGENCY.

20 (4) (5) A person licensed to practice medicine or osteo-

21 pathic medicine and surgery, or a licensed hospital, registered

22 nurse, practical nurse, dentist, veterinarian, or paramedical

23 person, whether licensed in this or another state or by the fed-

24 eral government or a branch of the armed forces of the United

25 States, or a student nurse undergoing training in a licensed hos-

26 pital in this or another state, that renders services during a

27 state of disaster declared by the governor and at the express or

04829'01 *

16

1 implied request of a state official or agency or county or local

2 coordinator or executive body, is considered an authorized

3 disaster relief worker or facility and is not liable for an

4 injury sustained by a person by reason of those services, regard-

5 less of how or under what circumstances or by what cause those

6 injuries are sustained. The immunity granted by this subsection

7 does not apply in the event of a willful act or omission. If a

8 civil action for malpractice is filed alleging a willful act or

9 omission resulting in injuries, the services rendered which

10 THAT resulted in those injuries shall be judged according to the

11 standards required of persons licensed in this state to perform

12 those services.

13 (5) (6) A licensed dentist, veterinarian, registered

14 nurse, practical nurse, or licensed paramedical person, whether

15 licensed in this or another state or by the federal government or

16 a branch of the armed forces of the United States, or a student

17 nurse undergoing training in a licensed hospital in this or

18 another state, during a state of disaster declared by the gover-

19 nor, may practice, in addition to the authority granted by other

20 statutes of this state, the administration of anesthetics; minor

21 surgery; intravenous, subcutaneous, or intramuscular procedure;

22 or oral and topical medication; or a combination thereof OF

23 THESE under the supervision of a member of the medical staff of a

24 licensed hospital of this state, and may assist the staff member

25 in other medical and surgical proceedings.

26 (6) (7) A person owning or controlling real estate or

27 other premises who voluntarily and without compensation grants to

04829'01 *

17

1 the THIS state or a political subdivision OF THIS STATE a

2 license or privilege, or otherwise permits the THIS state or a

3 political subdivision OF THIS STATE to inspect, designate, and

4 use the whole or any part or parts of the real estate or other

5 premises for the purpose of sheltering persons during an actual,

6 impending, mock, or practice disaster, together with his or her

7 successors in interest, if any, shall IS not be civilly

8 liable for negligently causing the death of or injury to any

9 person on or about the real estate or premises under such THE

10 license, privilege, or permission or for loss or damage to the

11 property of the person.

12 (7) (8) A person owning or controlling real estate or

13 other premises who has gratuitously granted the use of the real

14 estate or other premises for the purposes stated in this section

15 shall be IS legally obligated to make known to the licensee any

16 hidden dangers or safety hazards which THAT are known to the

17 owner or occupant of the real estate or premises which THAT

18 might possibly result in the death or injury or loss of property

19 to a person using the real estate or premises.

20 SEC. 21. (1) IF GOOD CAUSE EXISTS TO BELIEVE THAT TERROR-

21 ISTS ARE WITHIN THIS STATE OR THAT ACTS OF TERRORISM MAY BE COM-

22 MITTED IN THIS STATE OR AGAINST A VITAL RESOURCE, THE GOVERNOR

23 MAY BY EXECUTIVE ORDER OR PROCLAMATION DECLARE A HEIGHTENED STATE

24 OF ALERT AND SUBSEQUENTLY EXERCISE THE AUTHORITY PROVIDED IN SEC-

25 TION 3(2) AND SECTION 5(1)(B), (C), (E), (F), (G), (H), (I), AND

26 (J) IN AN EFFORT TO SAFEGUARD THE INTERESTS OF THIS STATE OR A

27 VITAL RESOURCE, PREVENT OR RESPOND TO ACTS OF TERRORISM, OR TO

04829'01 *

18

1 FACILITATE THE APPREHENSION OF TERRORISTS AND THOSE ACTING IN

2 CONCERT WITH THEM. THE GOVERNOR MAY UTILIZE THE SERVICES, FACIL-

3 ITIES, AND RESOURCES AVAILABLE UNDER THIS ACT UNDER A DECLARED

4 STATE OF DISASTER OR EMERGENCY. THE EXERCISE OF THOSE POWERS

5 SHALL BE CONSISTENT WITH THE PROVISIONS OF THE STATE CONSTITUTION

6 OF 1963 AND THE FEDERAL CONSTITUTION AND MAY CONTINUE UNTIL THE

7 HEIGHTENED STATE OF ALERT IS NO LONGER IN EFFECT. THE HEIGHTENED

8 STATE OF ALERT SHALL CONTINUE UNTIL THE GOVERNOR FINDS THAT THE

9 THREAT OR DANGER HAS PASSED, THE HEIGHTENED STATE OF ALERT HAS

10 BEEN DEALT WITH TO THE EXTENT THAT THE HEIGHTENED STATE OF ALERT

11 CONDITIONS NO LONGER EXIST, OR UNTIL THE HEIGHTENED STATE OF

12 ALERT HAS BEEN IN EFFECT FOR 60 DAYS. AFTER 60 DAYS, THE GOVER-

13 NOR SHALL TERMINATE THE HEIGHTENED STATE OF ALERT, UNLESS A

14 REQUEST BY THE GOVERNOR FOR AN EXTENSION OF THE HEIGHTENED STATE

15 OF ALERT FOR A SPECIFIC NUMBER OF DAYS IS APPROVED BY RESOLUTION

16 OF BOTH HOUSES OF THE LEGISLATURE.

17 (2) A PERSON SHALL NOT WILLFULLY DISOBEY OR INTERFERE WITH

18 THE IMPLEMENTATION OF A RULE, ORDER, OR DIRECTIVE ISSUED BY THE

19 GOVERNOR UNDER THIS SECTION. A PERSON WHO VIOLATES THIS SECTION

20 IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT

21 MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $100.00, OR BOTH.

22 (3) THE ATTORNEY GENERAL OR A PROSECUTING ATTORNEY MAY BRING

23 A CIVIL ACTION FOR DAMAGES OR EQUITABLE RELIEF TO ENFORCE THE

24 PROVISIONS OF THIS ACT AND THE ORDERS, RULES, OR REGULATIONS MADE

25 IN CONFORMITY WITH THIS ACT.

26 (4) AS USED IN THIS SECTION:

04829'01 *

19

1 (A) "TERRORISM" MEANS A VIOLATION OF CHAPTER LXXXIII-A OF

2 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.543A TO 750.543Z.

3 (B) "TERRORIST" MEANS A PERSON WHO ENGAGES IN, CONSPIRES TO

4 ENGAGE IN, OR THREATENS TO ENGAGE IN TERRORISM.

5 (C) "VITAL RESOURCE" MEANS THE FACILITIES, FUNCTIONS, AND

6 RESOURCES OF A PUBLIC OR PRIVATE ENTITY, WITHIN THE GEOGRAPHIC

7 JURISDICTION OF THIS STATE, THE PROTECTION OF WHICH IS CONSIDERED

8 NECESSARY TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND WHICH THE

9 GOVERNOR HAS DESIGNATED, IN WRITING, AS A VITAL RESOURCE OF THIS

10 STATE.

11 Enacting section 1. Section 15 of the emergency management

12 act, 1976 PA 390, MCL 30.415, is repealed.

04829'01 * Final page. JLB