HB-5801, As Passed House, November 28, 2012

HOUSE BILL No. 5801

August 15, 2012, Introduced by Rep. Franz and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

A bill to enter into the state and province emergency

management assistance agreement.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) This act expresses the shared interests of the

participating jurisdictions to establish a memorandum of agreement

to provide for the possibility of mutual assistance among the

jurisdictions entering into this agreement in managing any

emergency or disaster when the affected jurisdiction or

jurisdictions ask for assistance, whether arising from natural

disaster, technological hazard, man-made disaster, or civil

emergency aspects of resource shortages.

(2) The effective utilization of resources of the

participating jurisdictions essential to the safety, care, and

welfare of the people in the event of any emergency or disaster is

the underlying principle on which all articles of this agreement

are understood.

(3) The participating jurisdictions recognize the importance

of comprehensive and coordinated civil emergency preparedness,

response, and recovery measures for natural disaster, technological

hazard, human-induced disaster, or civil emergency aspects of

resource shortages.

(4) The participating jurisdictions further recognize the

benefits of coordinating their separate emergency preparedness,

response, and recovery measures with that of participating

jurisdictions for those emergencies, disasters, or hostilities

affecting or potentially affecting 1 or more of the participating

jurisdictions in the United States or in Canada.

(5) The participating jurisdictions further recognize that

regionally based emergency preparedness, response, and recovery

measures will benefit all jurisdictions in the United States and

Canada, and best serve their respective national interests in

cooperative and coordinated emergency preparedness.

NOW therefore, it is hereby agreed by and between each and all

of the participating jurisdictions hereto as provided in this act.

ARTICLE I

Sec. 2. (1) The State and Province Emergency Management

Assistance Memorandum of Agreement is made and entered into by and

among such of the jurisdictions as shall enact or adopt this

agreement. For the purposes of this agreement, the term

participating jurisdictions may initially include any or all of the

states of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana,

North Dakota, Pennsylvania, New York, and Wisconsin, and the

Canadian Provinces of Alberta, Manitoba, Ontario, and Saskatchewan.

Other states and provinces may hereafter become a participating

jurisdiction to this agreement and for that purpose, the term

"states" is taken to mean the several states, the Commonwealth of

Puerto Rico, the District of Columbia, and all United States

territorial possessions. The term "province" means the 10 political

units of government within Canada.

(2) The purpose of this agreement is to provide for the

possibility of mutual assistance among the participating

jurisdictions entering into this agreement in managing any

emergency or disaster when the affected participating jurisdiction

or jurisdictions ask for assistance, whether arising from natural

disaster, technological hazard, man-made disaster, or civil

emergency aspects of resource shortages.

(3) This agreement also provides for the process of planning

mechanisms among the agencies responsible for mutual cooperation,

including civil emergency preparedness exercises, testing, or other

training activities using equipment and personnel simulating

performance of any aspect of the giving and receiving of aid by

participating jurisdictions or subdivisions of participating

jurisdictions during emergencies, with such actions occurring

outside emergency periods.

ARTICLE II

Sec. 3. (1) Each participating jurisdiction entering into this

agreement recognizes that many emergencies may exceed the

capabilities of a participating jurisdiction and that

intergovernmental cooperation is essential in such circumstances.

Each participating jurisdiction further recognizes that there will

be emergencies that may require immediate access and present

procedures to apply outside resources to make a prompt and

effective response to such an emergency because few, if any,

individual jurisdictions have all the resources they need in all

types of emergencies or the capability of delivering resources to

areas where emergencies exist.

(2) On behalf of the participating jurisdictions in the

agreement, the legally designated official who is assigned

responsibility for emergency management is responsible for

formulation of the appropriate interjurisdictional mutual aid plans

and procedures necessary to implement this agreement, and for

recommendations to the participating jurisdiction concerned with

respect to the amendment of any statutes, regulations, or

ordinances required for that purpose.

ARTICLE III

Sec. 4. (1) Preparedness is 1 of the foundations of emergency

management and can be described as activities undertaken to prepare

for disasters and emergencies and to facilitate future response and

recovery efforts. There is an interest and need for participating

jurisdictions to plan together in advance of disasters and

emergencies. The following preparedness activities may be

considered by the participating jurisdictions:

(a) Share participating jurisdictions' hazard analyses that

are available, and determine those potential disasters and

emergencies the participating jurisdictions might jointly suffer.

(b) Share existing emergency operations plans, procedures, and

protocols.

tracking, demobilization, and reimbursement.

(d) Consider joint planning, training, and exercises.

(e) Assist with alert, notification, and warning for

communities adjacent to or crossing participating jurisdiction

boundaries.

(f) Consider procedures to facilitate the movement of

evacuees, refugees, civil emergency personnel, equipment, or other

resources into or across boundaries, or to a designated staging

area when it is agreed that such movement or staging will

facilitate civil emergency operations by the affected or

participating jurisdictions.

(g) Provide, to the extent authorized by law, for temporary

suspension of any statutes or ordinances that impede the

implementation of responsibilities described in this section.

(2) The authorized representative of a participating

jurisdiction may request assistance of another participating

jurisdiction by contacting its authorized representative. These

provisions only apply to requests for assistance made by and to

authorized representatives. Requests may be verbal or in writing.

The authorized representative of participating jurisdictions will

confirm their verbal request in writing within 15 days. Requests

must provide the following information:

(a) A description of the emergency service function for which

assistance is needed and of the mission or missions, including, but

not limited to, fire services, emergency medical, transportation,

communications, public works, and engineering, building inspection,

planning and information assistance, mass care, resource support,

health and medical services, and search and rescue.

(b) The amount and type of personnel, equipment, materials,

and supplies needed and a reasonable estimate of the length of time

they will be needed.

party's response and a point of contact at the location.

(3) There will be periodic consultation among the authorized

representatives who have assigned emergency management

responsibilities.

ARTICLE IV

Sec. 5. It is recognized that any participating jurisdiction

that agrees to render mutual aid or conduct exercises and training

for mutual aid will respond as soon as possible. It is also

understood that the participating jurisdiction rendering aid may

withhold or recall resources to provide reasonable protection for

itself, at its discretion. To the extent authorized by law, each

participating jurisdiction will afford to the personnel of the

emergency contingent of any other participating jurisdiction while

operating within its jurisdiction limits under the terms and

conditions of this agreement and under the operational control of

an officer of the requesting participating jurisdiction the same

treatment as is afforded similar or like human resources of the

participating jurisdiction in which they are performing emergency

services. Staff comprising the emergency contingent continue under

the command and control of their regular leaders but the

organizational units come under the operational control of the

emergency services authorities of the participating jurisdiction

receiving assistance. These conditions may be activated, as needed,

by the participating jurisdiction that is to receive assistance or

upon commencement of exercises or training for mutual aid and

continue as long as the exercises or training for mutual aid are in

progress, the emergency or disaster remains in effect, or loaned

resources remain in the receiving participating jurisdictions,

whichever is longer. The receiving participating jurisdiction is

responsible for informing the assisting participating jurisdiction

when services will no longer be required.

ARTICLE V

Sec. 6. If a person holds a license, certificate, or other

permit issued by any participating jurisdiction in the agreement

evidencing the meeting or qualifications for professional,

mechanical, or other skills, and when licensed assistance is

requested under this act by the receiving participating

jurisdiction, that person is considered to be licensed, certified,

or permitted by the participating jurisdiction requesting

assistance to render aid involving such skill to meet an emergency

or disaster, to the extent allowed by law and subject to such

limitations and conditions as the requesting participating

jurisdiction receiving prescribes by executive order or otherwise.

ARTICLE VI

Sec. 7. Any person or entity of a participating jurisdiction

rendering aid in another participating jurisdiction pursuant to

this agreement is considered an agent of the requesting

participating jurisdiction for tort liability and immunity

purposes. Any person or entity rendering aid in another

participating jurisdiction pursuant to this agreement is not liable

on account of any act or omission of good faith on the part of such

forces while so engaged or on account of the maintenance or use of

any equipment or supplies in connection therewith. Good faith in

this article does not include willful misconduct, gross negligence,

or recklessness.

ARTICLE VII

Sec. 8. (1) Because it is probable that the pattern and detail

of the agreement for mutual aid among 2 or more participating

jurisdictions may differ from that among the participating

jurisdictions that are party to this memorandum of agreement, this

agreement contains elements of a broad base common to all

participating jurisdictions, and nothing in this agreement

precludes any participating jurisdiction from entering into

supplementary agreements with another jurisdiction or affects any

other agreements already in force among participating

jurisdictions.

(2) Supplementary agreements may include, but are not limited

to, provisions for evacuation and reception of injured and other

persons and the exchange of medical, fire, public utility,

reconnaissance, welfare, transportation, and communications

personnel, equipment, and supplies.

ARTICLE VIII

Sec. 9. Each participating jurisdiction shall provide, in

accordance with its own laws, for the payment of workers'

compensation and death benefits to injured members of the emergency

contingent of that participating jurisdiction and to

representatives of deceased members of the deployed contingent if

the members sustain injuries or are killed while rendering aid to

another participating jurisdiction pursuant to this agreement in

the same manner and on the same terms as if the injury or death

were sustained within their own jurisdiction.

ARTICLE IX

Sec. 10. Any participating jurisdiction rendering aid to

another participating jurisdiction pursuant to this agreement

shall, if requested, be reimbursed by the participating

jurisdiction receiving that aid for any loss or damage to or

expense incurred in the operation of any equipment and the

provision of any service in answering a request for aid and for the

costs incurred in connection with those requests. An aiding

participating jurisdiction may assume in whole or in part any loss,

damage, expense, or other cost or may loan equipment or donate

services to the receiving participating jurisdiction without charge

or cost. Any 2 or more participating jurisdictions may enter into

supplementary agreements establishing a different allocation of

costs among those participating jurisdictions. Benefits under

Article VIII are not reimbursable under this section.

ARTICLE X

Sec. 11. (1) This agreement is effective upon its execution or

adoption by any 1 state and 1 province subject to approval or

authorization by the United States congress and the enactment of

any state or provincial legislation that may be required for the

effectiveness of the arrangement.

(2) Additional jurisdictions may participate in this agreement

upon execution or adoption of the agreement.

(3) Any participating jurisdiction may withdraw from this

arrangement but the withdrawal does not take effect until 30 days

after the governor or premier of the withdrawing participating

jurisdiction has given notice in writing of that withdrawal to the

governors or premiers of all other participating jurisdictions. The

action does not relieve the withdrawing participating jurisdiction

from obligations assumed under this agreement before the effective

date of withdrawal.

(4) Duly authenticated copies of this agreement in the French

and English languages and of such supplementary agreements as may

be entered into shall, at the time of their approval, be deposited

with each of the participating jurisdictions.

ARTICLE XI

Sec. 12. This agreement is construed so as to effectuate the

purposes stated in Article I. If any provision of this agreement is

declared unconstitutional or invalid or inapplicable to any person

or circumstances, or the applicability of the agreement to any

person or circumstances is held invalid, the validity of the

remainder of this agreement to that person or circumstances and the

applicability of the agreement to other persons and circumstances

is not affected.

ARTICLE XII

Sec. 13. The validity of the provisions consented to in this