September 14, 2017, Introduced by Rep. Glenn and referred to the Committee on Appropriations.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending section 19 (MCL 30.419), as amended by 2013 PA 110.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 county
road commissions, 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 road commission,
county, or municipality. If the demands placed upon the funds of a
county road commission, county, or municipality in coping with a
particular disaster or emergency are unreasonably great, the
governing body of the county road commission, 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 $100,000.00 or 10% of the total annual operating budget for
the preceding fiscal year of the county road commission, 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 road commission, 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.