HB-4729, As Passed House, December 5, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4729

     A bill to create an intrastate emergency management

assistance agreement; to provide for the coordination of assistance

during times of emergencies; and to specify the duties of certain

state and local officials and agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"intrastate emergency management assistance agreement".

     Sec. 2. As used in this act:

     (a) "Authorized representative" means the chief executive of

a participating government, or his or her designee, who has written

authorization to request, offer, or provide assistance under the

emergency management act, 1976 PA 390, MCL 30.401 to 30.421.

     (b) "Department" means the department of the state police.

House Bill No. 4729 (H-1) as amended December 4, 2013

     (c) "Director" means the director of the department or his or

her designee.

(d) "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, [ ] drought,

infestation, explosion, or hostile military action or paramilitary

action, or similar occurrences resulting from terrorist activities,

riots, or civil disorders.

     (e) "Emergency" means any occurrence that requires the

assistance of emergency responders to save lives, protect property

and the public health and safety, or lessen or avert the threat of

a disaster.

     (f) "Emergency management coordinator" means that term as

defined in section 2 of the emergency management act, 1976 PA 390,

MCL 30.402.

     (g) "Emergency management homeland security division" means

the department's emergency management homeland security division.

     (h) "Emergency responder" means an individual with special

skills, qualifications, training, knowledge, or experience in the

public or private sector, including all employees and volunteers of

any participating government, that would be beneficial to a

participating government in response to a local state of emergency

declared under the emergency management act, 1976 PA 390, MCL

30.401 to 30.421, serious threats to public safety, or authorized

drill or exercises; and who is requested or is authorized to

respond to a requesting participating government.

     (i) "Incident command system" means a standardized on-scene

emergency management construct specifically designed to provide for

the adoption of an integrated organizational structure that

reflects the complexity and demands of single or multiple incidents

without being hindered by jurisdictional boundaries. The incident

command system is the combination of facilities, equipment,

personnel, procedures, and communications operating within a common

organizational structure that is designed to aid in the management

of resources during incidents.

     (j) "Participating government" means each political

subdivision of this state whose legislative body has adopted a

resolution to be included under this act.

     (k) "Period of assistance" means the period of time beginning

with the departure of any person or equipment of the responding

participating government from any point for the purpose of

traveling to provide assistance to the requesting participating

government, and ending upon the return of all the responding

participating government's personnel and equipment after providing

the assistance requested, to the person's residence or regular

place of work, whichever occurs first, or the equipment's place of

storage. Period of assistance does not include any portion of the

trip during which the personnel of the responding participating

government are engaged in activities not reasonably necessary for

their safe travel to or from the jurisdiction of the requesting

participating government.

     (l) "Political subdivision" means that term as defined in

section 2 of the emergency management act, 1976 PA 390, MCL 30.402.

     (m) "Requesting participating government" means any

participating government requesting and receiving emergency

assistance under this act.

     (n) "Responding participating government" means any

participating government responding to a request for assistance

under this act.

     (o) "Serious threats to public health and safety" means a

threat or incident of sufficient magnitude that the necessary

public safety response threatens to overwhelm local resources and

requires mutual aid or other assistance, but for which no local,

state or federal declaration of emergency or disaster is

forthcoming or likely to result.

     Sec. 3. An intrastate emergency management assistance

agreement is created between the participating governments of this

state. The purpose of the agreement is to create a system of

intrastate mutual aid between participating governments. Each

participating government recognizes that emergencies transcend

political jurisdictional boundaries and that intergovernmental

coordination is essential for the protection of lives and property

and for best use of available assets both public and private. The

agreement provides for mutual assistance among the participating

governments in the prevention of, mitigation, response to, and

recovery from any emergency or disaster. This act does not preclude

participating governments from entering into supplementary mutual

aid agreements with another political subdivision and does not

affect or in any way supersede any existing mutual aid agreement.

     Sec. 4. A participating government may decline further

participation in the agreement created under this act by adopting a

resolution by its legislative body declining to participate. A

political subdivision is considered to have declined participation

when the resolution is filed with the director of the department.

If the department receives a resolution under this section

declining participation, the department shall promptly notify the

appropriate emergency management coordinator of that fact.

     Sec. 5. A participating government may request the assistance

of other participating governments in preventing, mitigating,

responding to, or recovering from disasters that result in locally-

declared emergencies, serious threats to public health and safety,

or in concert with authorized drills or exercises as provided in

this act. Requests for assistance shall be made through the

authorized representative of a participating government or his or

her designee in a manner that is consistent with the emergency

management act, 1976 PA 390, MCL 30.401 to 30.421.

     Sec. 6. A participating government's obligation to provide

assistance under this act is subject to the following requirements:

     (a) A requesting participating government must have exhausted

all of its local resources, anticipate a serious threat to public

health and safety, or be a participant in authorized drills and

exercises.

     (b) A responding participating government may withhold

resources to the extent necessary to provide reasonable protection

House Bill No. 4729 (H-1) as amended December 4, 2013

and services for its own jurisdiction.

     (c) A responding participating government may withdraw its

resources at any time, provided notice is given to the requesting

participating government before withdrawal.

     (d) Emergency response personnel of a responding

participating government shall continue under the command and

control of the responding jurisdiction to include medical

protocols, standard operating procedures, and other protocols, but

shall be under the operational control of the appropriate officials

within the incident management system of the requesting

participating government.

     (e) Assets and equipment of a responding participating

government shall continue to be under the command and control of

the responding participating government but shall be under the

operational control of the appropriate officials within the

incident command system of the requesting participating government.

     Sec. 7. (1) A requesting participating government shall

reimburse the responding participating government for the entire

period of assistance[, unless that reimbursement is waived by the

 responding participating government]. A participating government providing

assistance may donate assets of any kind to a requesting

participating government. The rate for reimbursement under this

subsection shall be as follows:

     (a) If the requesting participating government and the

responding participating government have agreed upon a rate, at

that rate.

     (b) If the requesting participating government and the

responding participating government have not agreed upon a rate, at

the rate established under the fee schedule of the federal

emergency management agency (FEMA) that is in place at the time the

assistance is provided, or the actual cost of the assistance

provided, whichever is less.

     (2) If a dispute arises between parties to the system

regarding reimbursement under subsection (1), the involved parties

shall make every effort to resolve the dispute within 30 days after

being provided with written notice of the dispute by the party

asserting noncompliance. If the dispute is not resolved within 90

days after the notice is received, either party may request the

dispute be resolved through arbitration. Any arbitration under this

subsection shall be conducted under the commercial arbitration

rules of the American arbitration association.

     (3) Nothing in this act precludes the chief executive

official of a participating government from requesting, through the

emergency management homeland security division, state or federal

assistance, or the issuance of a gubernatorial or presidential

declaration of emergency or disaster, under the emergency

management act, 1976 PA 390, MCL 30.401 to 30.421, and the federal

Robert T. Stafford disaster relief and emergency assistance act,

Public Law 100-707.

     Sec. 8. Personnel of a participating government who sustain

injury or death in the course of, and arising out of, their

employment are entitled to all applicable benefits normally

available to personnel while performing their duties for their

employer. Emergency response personnel shall receive any additional

state and federal benefits that may be available to them for line

of duty deaths.

     Sec. 9. Each participating government is responsible for its

own acts and the acts of its employees, agents, volunteers, and

subcontractors.

     Sec. 10. In the event of a conflict between the requirements

of this act and the requirements of the emergency management act,

1976 PA 390, MCL 30.401 to 30.421, the requirements of the

emergency management act, 1976 PA 390, MCL 30.401 to 30.421, shall

prevail.