HOUSE BILL NO. 6148

September 02, 2020, Introduced by Rep. O'Malley and referred to the Committee on Military, Veterans and Homeland Security.

"Emergency management act,"

by amending the title and sections 2, 7, 7a, 8, and 9 (MCL 30.402, 30.407, 30.407a, 30.408, and 30.409), the title as amended by 2006 PA 267, section 2 as amended by 1990 PA 50, and sections 7, 7a, 8, and 9 as amended by 2002 PA 132, and by adding sections 3a and 7b.

the people of the state of michigan enact:

TITLE

An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the department of emergency management and to prescribe its powers and duties; to create the Michigan emergency management an advisory council commission and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; to transfer certain powers and duties between certain state departments; and to repeal acts and parts of acts.

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.

(b) (c) "Department" means 1 of the following:

(i) Through December 31, 2021, the department of state police.

(ii) Beginning January 1, 2022, the department of emergency management.

(i) Through December 31, 2021, the director of the department of state police or his or her designee.

(ii) Beginning January 1, 2022, the director of the department of emergency management.

(d) (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, 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) (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.

(f) (g) "District coordinator" means the state police department of emergency management division district coordinator.

(g) (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.

(h) (i) "Emergency management coordinator" means a person appointed pursuant to under 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.

(i) (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.

(j) (k) "Michigan emergency management plan" means the plan prepared and maintained by the emergency management division of the department and signed by the governor.

(k) "Michigan emergency management transition commission" or "transition commission" means the Michigan emergency management transition commission created in section 7b.

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

(m) "Person" means an individual, partnership, corporation, association, governmental entity, or any other entity.

(n) "Political subdivision" means a county, municipality, school district, or any other governmental unit, agency, body, board, or commission which is not a state department, board, commission, or agency of state government.

(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.

(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.

(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.

Sec. 3a. (1) Beginning on January 1, 2022, the department of emergency management is created in the executive branch.

(2) The head of the department of emergency management is the director of the department of emergency management.

(3) The director of the department of emergency management shall be appointed by the governor and serve at the pleasure of the governor. The director shall have emergency management experience and shall be certified as a professional emergency manager by this state.

(4) On January 1, 2022, all powers, duties, and functions of the state director of emergency management in the department of state police under this act are transferred to the department of emergency management in the same manner as a type 2 transfer described in section 3 of the executive reorganization act of 1965, 1965 PA 380, MCL 16.103.

Sec. 7. (1) The director shall implement the orders and directives of the governor in the event of a disaster or an emergency and shall coordinate all federal, state, county, and municipal disaster prevention, mitigation, relief, and recovery operations within this state. At the specific direction of the governor, the director shall assume complete command of all disaster relief, mitigation, and recovery forces, except the national guard or state defense force, if it appears that this action is absolutely necessary for an effective effort.

(2) If the governor has issued a proclamation, executive order, or directive under section 3 regarding state of disaster or state of emergency declarations, section 5 regarding actions directed by the governor, or section 21 regarding heightened state of alert, the director may, with the concurrence of the governor, amend the proclamation or directive by adding additional counties or municipalities or terminating the orders and restrictions as considered necessary.

(3) The director shall comply with the applicable provisions of the Michigan emergency management plan in the performance of the director's duties under this act.

(4) The director's powers and duties shall include the administration of state and federal disaster relief funds and money; the mobilization and direction of state disaster relief forces; the assignment of general missions to the national guard or state defense force activated for active state duty to assist the disaster relief operations; the receipt, screening, and investigation of requests for assistance from county and municipal governmental entities; making recommendations to the governor; and other appropriate actions within the general authority of the director.

(5) In carrying out the director's responsibilities under this act, the director may plan for and utilize the assistance of any volunteer group or person having a pertinent service to render.

(6) The director may issue a directive relieving the donor or supplier of voluntary or private assistance from liability for other than gross negligence in the performance of the assistance.

(7) The director shall provide a copy of the Michigan emergency management plan every 2 years to the governor, the senate majority leader, and the speaker of the house of representatives.

Sec. 7a. (1) The department shall establish an emergency management division for the purpose of coordinating within this state the emergency management activities of county, municipal, state, and federal governments. The department shall provide the division with professional and support employees as necessary for the performance of its functions.

(2) The division shall prepare and maintain a Michigan emergency management plan that is a comprehensive plan that encompasses mitigation, preparedness, response, and recovery for this state.

(3) The division shall receive available state and federal emergency management and disaster related grants-in-aid and shall administer and apportion the grants according to appropriately established guidelines to the agencies of this state and local political subdivisions. To the greatest extent possible, federal grants shall be distributed to counties and municipalities.

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

(a) Promulgate rules that establish standards and requirements for the appointment, training, and professional development of emergency management coordinators. Beginning January 1, 2022, each emergency management coordinator shall be certified as a professional emergency manager by this state or actively in the process of obtaining the certification. If the emergency management coordinator does not have the professional emergency manager certification within 2 years of his or her appointment, that individual is no longer eligible to be an emergency management coordinator.

(b) Promulgate rules that establish standards and requirements for local and interjurisdictional emergency management programs.

(d) Promulgate rules that establish standards and requirements for emergency training and exercising programs and public information programs.

(e) Make surveys of industries, resources, and facilities within this state, both public and private, necessary to carry out the purposes of this act.

(f) Prepare, for issuance by the governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters and emergencies.

(g) Provide for 1 or more state emergency operations centers to provide for the coordination of emergency response and disaster recovery in this state.

(h) Provide for the coordination and cooperation of state agencies and departments with federal and local government agencies and departments in emergency management activities.

(i) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this act and in implementing programs for disaster mitigation, preparation, response, and recovery.

(j) Propose and administer statewide mutual aid compacts and agreements.

(k) Do other activities necessary, incidental, or appropriate for the implementation of this act.

(5) For purposes of this section, the judicial branch of this state is considered a department of state government.

(6) The emergency management plan must include all of the following:

(a) An outline of a comprehensive and effective program to ensure continuity of essential state functions under all circumstances. The emergency management plan must identify a baseline of preparedness for a full range of potential emergencies to establish a viable capability to perform essential functions during any emergency or other situation that disrupts normal operations.

(b) At a minimum, all of the following elements:

(i) Identification of essential functions, programs, and personnel.

(ii) Procedures to implement the emergency management plan and personnel notification and accountability.

(iii) Delegations of authority and lines of succession.

(iv) Identification of alternative facilities and related infrastructure, including those for communications, identification, and protection of vital records and databases.

(v) Schedules and procedures for periodic tests, training, and exercises.

(7) (6) As used in this section, "division" means 1 of the following:

(a) Through December 31, 2021, the emergency management division of the department.

(b) Beginning January 1, 2022, the department.

Sec. 7b. (1) The emergency management transition commission is created within the department on January 1, 2021.

(2) The transition commission shall consist of the following members, appointed by the governor as follows:

(a) One member from a list of 2 or more individuals selected by the speaker of the house of representatives.

(b) One member from a list of 2 or more individuals selected by the senate majority leader.

(d) One member representing the interests of the Michigan National Guard.

(e) One member representing the interests of the department of state police.

(f) One member representing the interests of the Michigan Association of Counties.

(g) One member who is an emergency management coordinator representing the interests of municipalities with a population of 25,000 or more.

(h) One member who is an emergency management coordinator representing the interests of municipalities with a population of more than 10,000 and less than 25,000.

(3) The members first appointed to the transition commission shall be appointed within 30 days after the effective date of this section. The member appointed under subsection (2)(a) shall be the chairperson of the commission.

(4) Members of the transition commission shall serve for a term of 2 years.

(5) If a vacancy occurs on the transition commission, the governor shall make an appointment for the unexpired term in the same manner as the original appointment.

(6) A majority of the members of the transition commission constitute a quorum for the transaction of business at a meeting of the transition commission. A majority of the members present and serving are required for official action of the transition commission.

(7) The business that the transition commission may perform shall be conducted at a public meeting of the transition commission held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(8) A writing prepared, owned, used, in the possession of, or retained by the transition commission in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(9) Members of the transition commission shall serve without compensation. However, members of the transition commission may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the transition commission.

(10) The transition commission shall do all of the following:

(a) Make recommendations to the governor and the director to ensure an adequate transition of the department.

(b) Make recommendations to the legislature on any changes needed in this act.

(c) Make recommendations to the governor and the director on how federal grants and other federal funds shall be distributed between this state, counties, and municipalities.

(d) Not less than once each year schedule a meeting of the commission with the director, the governor, the speaker of the house of representatives, and the senate majority leader.

Sec. 8. (1) The director of each department of state government , and those agencies of state government or state agency required by the Michigan emergency management plan to provide an annex to that plan , shall serve as emergency management coordinator for their respective departments or agencies. Each director may appoint or employ a designated representative as emergency management coordinator, provided that the representative shall act for and at the direction of that director while functioning in the capacity of emergency management coordinator upon the activation of the state emergency operations center, or the declaration of a state of disaster or emergency. The director of each department of state government or state agency shall notify the governor and the director of the name and contact information of each emergency management coordinator and their designee, if any, for that department or state agency. Each department or state agency emergency management coordinator shall act as liaison between his or her department or state agency and the emergency management division of the department in all matters of emergency management, including the activation of the Michigan emergency management plan. Each department or state agency of state government specified in the Michigan emergency management plan shall prepare and continuously update an annex to the plan providing for the delivery of emergency management activities by that state agency or the department. The annexes shall be in a form prescribed by the director. The emergency management coordinator shall represent the state agency or department head in the drafting and updating of the respective state agency's or the department's emergency management annex and in coordinating the state agency's or department's emergency management efforts with those of the other state agencies as well as with county and municipal governments.

(2) Upon the declaration of a state of disaster or a state of emergency by the governor, each state agency shall cooperate to the fullest possible extent with the director in the performance of the services that it is suited to perform, and as described in the Michigan emergency management plan, in the prevention , or mitigation of, response to, or recovery from the disaster or emergency. For purposes of this section, the judicial branch of this state is considered a department of state government and the chief justice of the Michigan supreme court is considered the director of that department.

Sec. 9. (1) The county board of commissioners of each county shall appoint an emergency management coordinator. In the absence of an appointed person, the emergency management coordinator shall be the chairperson of the county board of commissioners. The emergency management coordinator shall act for, and at the direction of, the chairperson of the county board of commissioners in the coordination of all matters pertaining to emergency management in the county, including mitigation, preparedness, response, and recovery. In counties with an elected county executive, the county emergency management coordinator may act for and shall act at the direction of the county executive. Pursuant to a resolution adopted by a county, the county boards of commissioners of not more than 3 adjoining counties may agree upon and appoint a coordinator to act for the multicounty area.

(2) A municipality with a population of 25,000 or more shall either appoint a municipal emergency management coordinator or appoint the coordinator of the county as the municipal emergency management coordinator pursuant to under subsection (7). In the absence of an appointed person, the emergency management coordinator shall be the chief executive official of that municipality. The coordinator of a municipality shall be appointed by the chief executive official in a manner provided in the municipal charter. The coordinator of a municipality with a population of 25,000 or more shall act for and at the direction of the chief executive official of the municipality or the official designated in the municipal charter in the coordination of all matters pertaining to emergency management, disaster preparedness, and recovery assistance within the municipality.

(3) A municipality with a population of 10,000 or more may appoint an emergency management coordinator for the municipality. The coordinator of a municipality shall be appointed by the chief executive official in a manner provided in the municipal charter. The coordinator of a municipality with a population of 10,000 or more shall act for and at the direction of the chief executive official or the official designated by the municipal charter in the coordination of all matters pertaining to emergency management, disaster preparedness, and recovery assistance within the municipality.

(4) A municipality having with a population of less than 10,000 may appoint an emergency management coordinator who shall serve at the direction of the county emergency management coordinator.

(5) A public college or university with a combined average population of faculty, students, and staff of 25,000 or more, including its satellite campuses within this state, shall appoint an emergency management coordinator for the public college or university. Public colleges A public college or universities university with a combined average population of faculty, students, and staff of 10,000 or more, including its satellite campuses within this state, may appoint an emergency management coordinator for the public college or university.

(6) A Except as otherwise provided in subsection (8), a person is not ineligible for appointment as an emergency management coordinator, or as a member of a county or municipal emergency services or emergency management agency or organization, because that person holds another public office or trust, and that person shall not forfeit the right to a public office or trust by reason of his or her appointment as an emergency management coordinator.

(7) A county coordinator may be appointed a municipal coordinator for any municipality within the county and a municipal coordinator may be appointed a county coordinator.

(8) Beginning January 1, 2022, an emergency management coordinator shall not be a state or county elected official.

(9) Beginning January 1, 2022, an emergency management coordinator is subject to the requirements of section 7a(4)(a).