HOUSE BILL No. 4963

 

 

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.