May 2, 2013, Introduced by Rep. McCready and referred to the Committee on Appropriations.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending sections 18 and 19 (MCL 30.418 and 30.419), as amended
by 1990 PA 50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18. (1) A disaster and emergency contingency fund is
created and shall be administered by the director. An annual
accounting of expenditures under this act shall be made to the
legislature and the legislature shall annually appropriate
sufficient funds to maintain the fund at a level not to exceed
$750,000.00
$8,500,000.00 and not less than
$30,000.00.$4,000,000.00. Unexpended and unencumbered
funds
remaining in the disaster and emergency contingency fund at the end
of the fiscal year shall not lapse to the general fund and shall be
carried forward and be available for expenditure in subsequent
fiscal years.
(2) The director may expend money from the disaster and
emergency contingency fund upon appropriation for the purpose of
paying necessary and reasonable overtime, travel, and subsistence
expenses incurred by an employee of an agency of the state acting
at the direction of the director in a disaster or emergency related
operation, and, with the concurrence of the governor or the
governor's designated representative, for other needs required for
the mitigation of the effects of, or in response to, a disaster or
emergency.
(3) The director may place directly in the disaster and
emergency contingency fund a reimbursement for expenditures out of
the fund received from the federal government, or another source.
(4) If a state of major disaster or emergency is declared by
the president of the United States, and when authorized by the
governor, an expenditure from the fund may be made by the director
upon appropriation to pay the state's matching share of grants as
provided by the disaster relief act of 1974, Public Law 93-288, 88
Stat. 143.
Sec. 19. (1) Under extraordinary circumstances, upon the
declaration of a state of disaster or a state of emergency by the
governor and subject to the requirements of this subsection, the
governor may authorize an expenditure from the disaster and
emergency contingency fund to provide state assistance to counties
and municipalities when federal assistance is not available. If the
governor proclaims a state of disaster or a state of emergency, the
first recourse for disaster related expenses shall be to funds of
the county or municipality. If the demands placed upon the funds of
a county or municipality in coping with a particular disaster or
emergency are unreasonably great, the governing body of the county
or municipality may apply, by resolution of the local governing
body, for a grant from the disaster and emergency contingency fund.
The resolution shall certify that the affected county or
municipality emergency operations plan was implemented in a timely
manner. The resolution shall set forth the purpose for which the
assistance is sought, the extent of damages sustained, and certify
an exhaustion of local efforts. Assistance grants under this
section shall not exceed $30,000.00 or 10% of the total annual
operating budget for the preceding fiscal year of the county or
municipality, whichever is less. The assistance under this
subsection is to provide grants, excluding reimbursement for
capital outlay expenditures, in mitigation of the extraordinary
burden of a county or municipality in relation to its available
resources.
(2) The director shall promulgate rules governing the
application and eligibility for the use of the state disaster and
emergency contingency fund. Rules that have been promulgated prior
to December 31, 1988 to implement this section shall remain in
effect until revised or replaced. The rules shall include, but not
be limited to, all of the following:
(a) Demonstration of exhaustion of local effort.
(b) Evidence that the applicant is a county that actively
maintains an emergency management program, reviewed by and
determined to be current and adequate by the emergency management
division of the department, before the disaster or emergency for
which assistance is being requested occurs. If the applicant is a
municipality with a population of 10,000 or more, evidence that the
municipality either maintains a separate emergency management
program, reviewed by and determined to be current and adequate by
the emergency management division of the department, before the
disaster or emergency for which assistance is being requested or
occurs, or the municipality is incorporated in the county emergency
management program.
(c) Evidence that the applicable county or municipal emergency
operations plan was implemented in a timely manner at the beginning
of the disaster or emergency.
(d) Reimbursement for expenditures shall be limited to public
damage and direct loss as a result of the disaster or emergency, or
expenses incurred by the applicant for reimbursing employees for
disaster or emergency related activities which were not performed
as a part of their normal duties, or for other needs required
specifically for the mitigation of the effects, or in response to
the disaster or emergency.
(e) A disaster assessment team established by the emergency
management division of the department has substantiated the damages
claimed by the applicant. Damage estimates submitted by the
applicant shall be based upon a disaster assessment carried out by
the applicant according to standard procedures recommended by the
emergency management division.