EMERGENCY MGMT. ASSISTANCE AGREEMENT                                                 H.B. 5801:

                                                                                                      FLOOR SUMMARY

House Bill 5801 (as reported without amendment)

Sponsor:  Representative Ray A. Franz

House Committee:  Local, Intergovernmental, and Regional Affairs

Senate Committee:  Local Government and Elections

CONTENT

The bill would create a new statute to allow Michigan to enter into the State and Province Emergency Management Assistance Memorandum of Agreement, which provides for mutual assistance in emergency and disaster management among participating jurisdictions (certain U.S. states and Canadian provinces).  The Agreement does the following:

-- Allows participating jurisdictions to consider specified preparedness activities.

-- Prescribes procedures for a request for assistance by a participating jurisdiction.

-- Requires a participating jurisdiction to afford an assisting jurisdiction's emergency personnel the same treatment it affords its own human resources when they are performing emergency services.

-- Requires a participating jurisdiction that requests licensed assistance to recognize a person's professional licensure, certification, or permit issued by another jurisdiction.

-- Provides that a person or entity rendering aid in another jurisdiction is an agent of the requesting jurisdiction for tort liability and immunity purposes, and is immune from liability.

-- Authorizes participating jurisdictions to enter into supplemental agreements with each other.

-- Requires each participating jurisdiction to provide workers' compensation and death benefits to emergency workers injured or killed while rendering aid to another participating jurisdiction as if the injury or death were sustained in its own jurisdiction.

-- Requires a jurisdiction receiving aid to reimburse the assisting jurisdiction upon request for any loss or damage or expense incurred in rendering aid.

-- Prescribes procedures for withdrawing from the Agreement.

Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on State and local government.  Any costs that could be incurred under the bill's provisions would depend wholly on whether, and to what extent, emergency services were provided to other units of government (or by an outside unit of government to Michigan) and the nature of any reimbursement associated with providing such services.

Date Completed:  12-5-12                                                     Fiscal Analyst:  Bruce Baker

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.