HOUSE BILL No. 5496
December 12, 2001, Introduced by Reps. Newell, Koetje, Julian, Bishop, Caul, Gosselin, Faunce, Meyer, Mead, Toy, Van
Woerkom, Gilbert, Drolet, Hummel, Birkholz, Voorhees, Tabor, Middaugh, Ruth Johnson, Ehardt, Jelinek, Phillips, Bisbee,
Shackleton, Richardville, Lockwood, Rocca, Neumann, Bernero, DeVuyst, Schauer, Callahan, Kowall, Pumford, Frank, Jacobs, Allen,
Pestka, Basham, Sheltrown, Hager, Shulman, Kuipers, Raczkowski, Zelenko, Lipsey, George, Pappageorge, Whitmer, McConico and
Cassis and referred to the Committee on Commerce.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending sections 3, 7, 7a, 8, 9, 10, and 11 (MCL 30.403,
30.407, 30.407a, 30.408, 30.409, 30.410, and 30.411), sections 3,
7, 8, 9, 10, and 11 as amended and section 7a as added by 1990
PA 50, and by adding section 21; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1
Sec. 3. (1) The governor is responsible for coping with
2
dangers to this state or THE people of this state presented by a
3
disaster or emergency.
4
(2) The governor may issue executive orders, proclamations,
5
and directives having the force and effect of law to implement
6
this act. An EXCEPT AS PROVIDED IN SECTION 7(2), AN executive
04829'01 * JLB
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1
order, proclamation, or directive may be amended or rescinded by
2
the governor.
3
(3) The governor shall, by executive order or proclamation,
4
declare a state of disaster if he or she finds a disaster has
5
occurred or the threat of a disaster exists. The state of
6
disaster shall continue until the governor finds that the threat
7
or danger has passed, the disaster has been dealt with to the
8
extent that disaster conditions no longer exist, or until the
9
declared state of disaster has been in effect for 14 28 days.
10
After 14 28 days, the governor shall issue an executive order
11
or proclamation declaring the state of disaster terminated,
12
unless a request by the governor for an extension of the state of
13
disaster for a specific number of days is approved by RESOLUTION
14
OF BOTH HOUSES OF the legislature. An executive order or procla-
15
mation issued pursuant to this subsection shall indicate the
16
nature of the disaster, the area or areas threatened, the condi-
17
tions causing the disaster, and the conditions permitting the
18
termination of the state of disaster. An executive order or
19
proclamation shall be disseminated promptly by means calculated
20
to bring its contents to the attention of the general public and
21
shall be promptly filed with the emergency management division of
22
the department and the secretary of state, unless circumstances
23
attendant upon the disaster prevent or impede its prompt filing.
24
(4) The governor shall, by executive order or proclamation,
25
declare a state of emergency if he or she finds that an emergency
26
has occurred or that the threat of an emergency exists. The
27
state of emergency shall continue until the governor finds that
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the threat or danger has passed, the emergency has been dealt
2
with to the extent that emergency conditions no longer exist, or
3
until the declared state of emergency has been in effect for 14
4
28 days. After 14 28 days, the governor shall issue an execu-
5
tive order or proclamation declaring the state of emergency ter-
6
minated, unless a request by the governor for an extension of the
7
state of emergency for a specific number of days is approved by
8
RESOLUTION OF BOTH HOUSES OF the legislature. An executive order
9
or proclamation issued pursuant to this subsection shall indicate
10
the nature of the emergency, the area or areas threatened, the
11
conditions causing the emergency, and the conditions permitting
12
the termination of the state of emergency. An executive order or
13
proclamation shall be disseminated promptly by means calculated
14
to bring its contents to the attention of the general public and
15
shall be promptly filed with the emergency management division of
16
the department and the secretary of state, unless circumstances
17
attendant upon the emergency prevent or impede its prompt
18
filing.
19
Sec. 7. (1) The director shall implement the orders and
20
directives of the governor in the event of a disaster or an emer-
21
gency and shall coordinate all federal, state, county, and munic-
22
ipal disaster prevention, mitigation, relief, and recovery opera-
23
tions within this state. At the specific direction of the gover-
24
nor, the director shall assume complete command of all disaster
25
relief, mitigation, and recovery forces, except the national
26
guard or state defense force, if it appears that this action is
27
absolutely necessary for an effective effort.
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(2) IF THE GOVERNOR HAS ISSUED A PROCLAMATION, EXECUTIVE
2
ORDER, OR DIRECTIVE UNDER SECTION 3 REGARDING STATE OF DISASTER
3
OR STATE OF EMERGENCY DECLARATIONS, OR SECTION 5 REGARDING
4
ACTIONS DIRECTED BY THE GOVERNOR, THE DIRECTOR MAY, WITH THE CON-
5
CURRENCE OF THE GOVERNOR, AMEND THE PROCLAMATION OR DIRECTIVE BY
6
ADDING ADDITIONAL COUNTIES OR MUNICIPALITIES OR TERMINATING THE
7
ORDERS AND RESTRICTIONS AS CONSIDERED NECESSARY.
8
(3) (2) The director shall comply with the applicable pro-
9
visions of the Michigan emergency management plan in the per-
10
formance of the director's duties under this act.
11
(4) (3) The director's powers and duties shall include the
12
administration of state and federal disaster relief funds and
13
money; the mobilization and direction of state disaster relief
14
forces; the assignment of general missions to the national guard
15
or state defense force activated for active state duty to assist
16
the disaster relief operations; the receipt, screening, and
17
investigation of requests for assistance from county and munici-
18
pal governmental entities; the making of
recommendations to
19
the governor; and other appropriate actions within the general
20
authority of the director.
21
(5) (4) In carrying out the director's responsibilities
22
under this act, the director may plan for and utilize the assist-
23
ance of any volunteer group or person having a pertinent service
24
to render.
25
(6) (5) The director may issue a directive relieving the
26
donor or supplier of voluntary or private assistance from
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1
liability for other than gross negligence in the performance of
2
the service ASSISTANCE.
3
Sec. 7a. (1) The department shall establish an emergency
4
management division for the purpose of coordinating within this
5
state the emergency management activities of county, municipal,
6
state, and federal governments. The department shall provide the
7
division with professional and support employees as necessary for
8
the performance of its functions.
9
(2) The division shall prepare and maintain a Michigan emer-
10
gency management plan that is a comprehensive plan that encom-
11
passes mitigation, preparedness, response, and recovery for this
12
state.
13
(3) The division shall receive available state and federal
14
emergency management and disaster related grants-in-aid and shall
15
administer and apportion the grants according to appropriately
16
established guidelines to the agencies of the THIS state and
17
local political subdivisions.
18
(4) The division may do 1 or more of the following:
19
(a) Promulgate rules that establish standards and require-
20
ments for the appointment, training, and professional development
21
of emergency management coordinators.
22
(b) Promulgate rules that establish standards and require-
23
ments for local and interjurisdictional emergency management
24
programs.
25
(c) Periodically review local and interjurisdictional emer-
26
gency operations plans.
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1
(d) Promulgate rules that establish standards and
2
requirements for emergency training and exercising programs and
3
public information programs.
4
(e) Make surveys of industries, resources, and facilities
5
within the THIS state, both public and private, as are
neces-
6
sary to carry out the purposes of this act.
7
(f) Prepare, for issuance by the governor, executive orders,
8
proclamations, and regulations as necessary or appropriate in
9
coping with disasters and emergencies.
10
(g) Provide for 1 or more state emergency operations centers
11
to provide for the coordination of emergency response and
12
disaster recovery in this state.
13
(h) Provide for the coordination and cooperation of state
14
government agencies and departments with federal and local gov-
15
ernment agencies and departments in emergency management
16
activities.
17
(i) Cooperate with the federal government and any public or
18
private agency or entity in achieving any purpose of this act and
19
in implementing programs for disaster mitigation, preparation,
20
response, and recovery.
21
(J) PROPOSE AND ADMINISTER STATEWIDE MUTUAL AID COMPACTS AND
22
AGREEMENTS.
23
(k) (j) Do other activities necessary, incidental, or
24
appropriate for the implementation of this act.
25
(5) FOR PURPOSES OF THIS SECTION, THE JUDICIAL BRANCH OF
26
THIS STATE IS CONSIDERED A DEPARTMENT OF STATE GOVERNMENT.
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1
(6) (5) As used in this section, "division" means the
2
emergency management division of the department.
3
Sec. 8. (1) Each THE DIRECTOR OF EACH department of state
4
government, and those agencies of state government required by
5
the Michigan emergency management plan to provide an annex to
6
that plan, shall employ or appoint an SERVE AS emergency man-
7
agement coordinator FOR THEIR RESPECTIVE DEPARTMENTS OR
8
AGENCIES. EACH DIRECTOR MAY APPOINT OR EMPLOY A DESIGNATED REP-
9
RESENTATIVE AS EMERGENCY MANAGEMENT COORDINATOR, PROVIDED THAT
10
THE REPRESENTATIVE SHALL ACT FOR AND AT THE DIRECTION OF THAT
11
DIRECTOR WHILE FUNCTIONING IN THE CAPACITY OF EMERGENCY MANAGE-
12
MENT COORDINATOR UPON THE ACTIVATION OF THE STATE EMERGENCY OPER-
13
ATIONS CENTER, OR THE DECLARATION OF A STATE OF DISASTER OR
14
EMERGENCY. Each department or agency emergency management coordi-
15
nator shall act as liaison between his or her department or
16
agency and the emergency management division of the department in
17
all matters of emergency management, including the activation of
18
the Michigan emergency management plan. Each department or
19
agency of state government specified in the Michigan emergency
20
management plan shall prepare and continuously update an annex to
21
the plan providing for the delivery of emergency management
22
activities by that agency or the department. The annexes shall
23
be in a form prescribed by the director. The emergency manage-
24
ment coordinator shall represent the agency or department head in
25
the drafting and updating of the respective agency's or the
26
department's emergency management annex and in coordinating the
27
agency's or department's emergency management efforts with those
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of the other state agencies as well as with county and municipal
2
governments.
3
(2) Upon the declaration of a STATE OF disaster or an A
4
STATE OF emergency by the governor, each state agency shall coop-
5
erate to the fullest possible extent with the director in the
6
performance of the services which THAT it is suited to perform,
7
and as described in the Michigan emergency management plan, in
8
the prevention, mitigation, response to, or recovery from the
9
disaster or emergency. FOR PURPOSES OF THIS SECTION, THE JUDI-
10
CIAL BRANCH OF THIS STATE IS CONSIDERED A DEPARTMENT OF STATE
11
GOVERNMENT AND THE CHIEF JUSTICE OF THE MICHIGAN SUPREME COURT IS
12
CONSIDERED THE DIRECTOR OF THAT DEPARTMENT.
13
Sec. 9. (1) The county board of commissioners of each
14
county shall appoint an emergency management coordinator. In the
15
absence of an appointed person, the emergency management coordi-
16
nator shall be the chairperson of the county board of
17
commissioners. The emergency management coordinator shall act
18
for, and at the direction of, the chairperson of the county board
19
of commissioners in the coordination of all matters pertaining to
20
emergency management IN THE COUNTY, disaster INCLUDING
21
MITIGATION, preparedness, RESPONSE, and recovery. assistance
within the county except in IN counties with an elected county
23
executive, in which case the county emergency management coor-
24
dinator may act for and at the direction of the county
25
executive. Pursuant to a resolution adopted by a county, the
26
county boards of commissioners of not more than 3 adjoining
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1
counties may agree upon and appoint a coordinator to act for the
2
multicounty area.
3
(2) A municipality with a population of 25,000 or more shall
4
either appoint a municipal emergency management coordinator or
5
appoint the coordinator of the county as the municipal emergency
6
management coordinator pursuant to subsection (6) (7). In the
7
absence of an appointed person, the emergency management coordi-
8
nator shall be the chief executive official of that
9
municipality. The coordinator of a municipality shall be
10
appointed by the chief executive official in a manner provided in
11
the municipal charter. The coordinator of a municipality with a
12
population of 25,000 or more shall act for and at the direction
13
of the chief executive official of the municipality or the offi-
14
cial designated in the municipal charter in the coordination of
15
all matters pertaining to emergency management, disaster pre-
16
paredness, and recovery assistance within the municipality.
17
(3) A municipality with a population of 10,000 or more may
18
appoint an emergency management coordinator for the
19
municipality. The coordinator of a municipality shall be
20
appointed by the chief executive official in a manner provided in
21
the municipal charter. The coordinator of a municipality with a
22
population of 10,000 or more shall act for and at the direction
23
of the chief executive official or the official designated by the
24
municipal charter in the coordination of all matters pertaining
25
to emergency management, disaster preparedness, and recovery
26
assistance within the municipality.
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1
(4) A municipality having a population of less than 10,000
2
may appoint an emergency management coordinator who shall serve
3
at the direction of the county emergency management coordinator.
4
(5) A PUBLIC COLLEGE OR UNIVERSITY WITH A COMBINED AVERAGE
5
POPULATION OF FACULTY, STUDENTS, AND STAFF OF 25,000 OR MORE,
6
INCLUDING ITS SATELLITE CAMPUSES WITHIN THIS STATE, SHALL APPOINT
7
AN EMERGENCY MANAGEMENT COORDINATOR FOR THE PUBLIC COLLEGE OR
8
UNIVERSITY. PUBLIC COLLEGES OR UNIVERSITIES WITH A COMBINED
9
AVERAGE POPULATION OF FACULTY, STUDENTS, AND STAFF OF 10,000 OR
10
MORE, INCLUDING ITS SATELLITE CAMPUSES WITHIN THIS STATE, MAY
11
APPOINT AN EMERGENCY MANAGEMENT COORDINATOR FOR THE PUBLIC COL-
12
LEGE OR UNIVERSITY.
13
(6) (5) A person shall IS not be
ineligible for
14
appointment as an emergency management coordinator, or as a
15
member of a county or municipal emergency services or emergency
16
management agency or organization, because that person holds
17
another public office or trust, and that person shall not forfeit
18
the right to a public office or trust by reason of the HIS OR
19
HER appointment as an emergency management coordinator.
20
(7) (6) A county coordinator may be appointed a municipal
21
coordinator for any municipality within the county and a munici-
22
pal coordinator may be appointed a county coordinator.
23
Sec. 10. (1) Each county and municipality that has
24
appointed an emergency management coordinator pursuant to UNDER
25
section 9 may do 1 or more of the following:
26
(a) Direct and coordinate the development of emergency
27
operations plans and programs in accordance with the policies and
04829'01 *
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1
plans established by the appropriate federal and state agencies.
2
Each department or agency of a county or municipality specified
3
in the emergency operations plan to provide an annex to the plan
4
shall prepare and continuously update the annex providing for
5
emergency management activities, INCLUDING MITIGATION, PREPARED-
6
NESS, RESPONSE, AND RECOVERY, by the department or agency and
7
those other emergency activities the department or agency is
8
specified to coordinate. EMERGENCY OPERATIONS PLANS AND PROGRAMS
9
DEVELOPED UNDER THIS SUBDIVISION SHALL INCLUDE LOCAL COURTS.
10
(b) Declare a local state of emergency if circumstances
11 within the county or municipality indicate that the occurrence or
12
threat of widespread or severe damage, injury, or loss of life or
13
property from a natural or human-made cause exists and, under a
14
declaration of a local state of emergency, issue directives as to
15
travel restrictions on county or local roads. This power shall
16
be vested in the chief executive official of the county or munic-
17
ipality or the official designated by charter and shall not be
18
continued or renewed for a period in excess of 7 days except with
19
the consent of the governing body of the county or municipality.
20
The proclamation or declaration OF A LOCAL STATE OF EMERGENCY
21
shall be promptly filed with the emergency management division of
22
the department, unless circumstances attendant upon the disaster
23
prevent or impede its prompt filing.
24
(c) Appropriate and expend funds, make contracts, and obtain
25
and distribute equipment, materials, and supplies for disaster
26
purposes.
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1
(d) Provide for the health and safety of persons and
2
property, including emergency assistance to the victims of a
3
disaster.
4
(e) Direct and coordinate local multi-agency response to
5
emergencies within the county or municipality.
6
(f) Appoint, employ, remove, or provide, with or without
7
compensation, rescue teams, auxiliary fire and police personnel,
8
and other disaster workers.
9
(g) Appoint a local emergency management advisory council.
10
(h) If a state of disaster or emergency is declared by the
11
governor, assign and make available for duty the employees, prop-
12
erty, or equipment of the county or municipality relating to fire
13
fighting; engineering; rescue; health, medical, and related serv-
14
ices; police; transportation; construction; and similar items or
15
service for disaster relief purposes within or without the physi-
16
cal limits of the county or municipality as ordered by the gover-
17
nor or the director.
18
(i) In the event of a foreign attack upon this state, waive
19
procedures and formalities otherwise required by law pertaining
20
to the performance of public work, entering into contracts, the
21
incurring of obligations, the employment of permanent and tempo-
22
rary workers, the utilization of volunteer workers, the rental of
23
equipment, the purchase and distribution with or without compen-
24
sation of supplies, materials, and facilities, and the appropria-
25
tion and expenditure of public funds.
26
(2) For the purpose of providing assistance during a
27
disaster or emergency, municipalities and counties may enter into
04829'01 *
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1
mutual aid or reciprocal aid agreements or compacts with other
2
counties, municipalities, public agencies, FEDERALLY RECOGNIZED
3
TRIBAL NATIONS, or private sector agencies, or all of these
4
entities. A compact entered into pursuant to this subsection is
5
limited to the exchange of personnel, equipment, and other
6
resources in times of emergency, or disaster, OR OTHER SERIOUS
7
THREATS TO PUBLIC HEALTH AND SAFETY. The arrangements shall be
8
consistent with the Michigan emergency management plan.
9
(3) The emergency management coordinator may assist in the
10
development or negotiation, or both, of a mutual aid or recipro-
11
cal aid agreement or compact made pursuant to section 4(3) and
12
shall carry out the agreement or compact.
13
Sec. 11. (1) Personnel of disaster relief forces while on
14
duty shall ARE SUBJECT TO ALL OF THE FOLLOWING PROVISIONS:
15
(a) If they are an employee of the THIS state, THEY have
16
the powers, duties, rights, privileges, and immunities of and
17
receive the compensation incidental to their employment.
18
(b) If they are employees of a county, municipality, or
other governmental agency POLITICAL SUBDIVISION OF THIS STATE,
20
regardless of where serving, THEY have the powers, duties,
21
rights, privileges, and immunities and receive the compensation
22
incidental to their employment.
23
(c) If they are not employees of the THIS state , a
county, municipality, or other governmental agency OR A POLITI-
25
CAL SUBDIVISION OF THIS STATE, be THEY ARE entitled to the same
26
rights and immunities as are provided by law for the employees
27
of the THIS state. All personnel of disaster relief forces
04829'01 *
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1
shall, while on duty, be subject to the operational control of
2
the authority in charge of disaster relief activities in the area
3
in which they are serving, and shall be reimbursed for all actual
4
and necessary travel and subsistence expenses.
5
(2) The THIS state, or any political subdivision
OF THIS
6
STATE, or the EMPLOYEES, agents, or representatives of the THIS
7
state or any political subdivision , shall OF THIS STATE ARE
8
not be liable for personal injury or property damage sustained
9
by any person appointed or acting as a volunteer MEMBER OF
10
disaster relief FORCES. worker, or a member of any agency
engaged in disaster relief activity. In addition, a volunteer
disaster relief worker or a member of any agency engaged in
disaster relief activity shall not be liable in a civil action
for damages resulting from an act or omission arising out of and
in the course of the person's good faith rendering of that activ-
ity, unless the person's act or omission was the result of that
person's gross negligence or willful misconduct. This act shall
18
not affect the right of a person to receive benefits or compensa-
19
tion to which he or she may otherwise be entitled to under the
20
workmen's compensation law WORKER'S DISABILITY COMPENSATION ACT
21
OF 1969, 1969 PA 317, MCL 418.101 TO 418.941, any pension law, or
22
any act of congress.
23
(3) Subsection (2) shall not apply to a person engaged in
disaster relief activity for remuneration beyond reimbursement
for out-of-pocket expenses in connection with the activity.
26
(3) (4) The THIS state , OR a political
subdivision ,
or, except in cases of willful misconduct, gross negligence, or
bad faith, the employees, agents, or representatives of the state
or a political subdivision, or any volunteer or auxiliary
disaster relief worker or member of any agency engaged in any
disaster relief activity, complying with or reasonably attempting
to comply with this act, or any order, rule promulgated pursuant
to the provisions of this act, or pursuant to any ordinance
relating to any precautionary measures enacted by a political
subdivision, shall not be liable for the death of or injury to
persons, or for damage to property, as a result of that activity
10
OF THIS STATE ENGAGED IN DISASTER RELIEF ACTIVITY IS NOT LIABLE
11
FOR THE DEATH OF OR INJURY TO A PERSON OR PERSONS, OR FOR DAMAGE
12
TO PROPERTY, AS A RESULT OF THAT ACTIVITY. THE EMPLOYEES,
13
AGENTS, OR REPRESENTATIVES OF THIS STATE OR A POLITICAL SUBDIVI-
14
SION OF THIS STATE AND NONGOVERNMENTAL DISASTER RELIEF FORCE
15
WORKERS OR PRIVATE OR VOLUNTEER PERSONNEL ENGAGED IN DISASTER
16
RELIEF ACTIVITY ARE IMMUNE FROM TORT LIABILITY UNDER SECTION 7 OF
17
1964 PA 170, MCL 691.1407. AS USED IN THIS SECTION, "DISASTER
18
RELIEF ACTIVITY" INCLUDES TRAINING FOR OR RESPONDING TO AN
19
ACTUAL, IMPENDING, MOCK, OR PRACTICE DISASTER OR EMERGENCY.
20
(4) (5) A person licensed to practice medicine or osteo-
21
pathic medicine and surgery, or a licensed hospital, registered
22
nurse, practical nurse, dentist, veterinarian, or paramedical
23
person, whether licensed in this or another state or by the fed-
24
eral government or a branch of the armed forces of the United
25
States, or a student nurse undergoing training in a licensed hos-
26
pital in this or another state, that renders services during a
27
state of disaster declared by the governor and at the express or
04829'01 *
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1
implied request of a state official or agency or county or local
2
coordinator or executive body, is considered an authorized
3
disaster relief worker or facility and is not liable for an
4
injury sustained by a person by reason of those services, regard-
5
less of how or under what circumstances or by what cause those
6
injuries are sustained. The immunity granted by this subsection
7
does not apply in the event of a willful act or omission. If a
8
civil action for malpractice is filed alleging a willful act or
9
omission resulting in injuries, the services rendered which
10
THAT resulted in those injuries shall be judged according to the
11
standards required of persons licensed in this state to perform
12
those services.
13
(5) (6) A licensed dentist, veterinarian, registered
14
nurse, practical nurse, or licensed paramedical person, whether
15
licensed in this or another state or by the federal government or
16
a branch of the armed forces of the United States, or a student
17
nurse undergoing training in a licensed hospital in this or
18
another state, during a state of disaster declared by the gover-
19
nor, may practice, in addition to the authority granted by other
20
statutes of this state, the administration of anesthetics; minor
21
surgery; intravenous, subcutaneous, or intramuscular procedure;
22
or oral and topical medication; or a combination thereof OF
23
THESE under the supervision of a member of the medical staff of a
24
licensed hospital of this state, and may assist the staff member
25
in other medical and surgical proceedings.
26
(6) (7) A person owning or controlling real estate or
27
other premises who voluntarily and without compensation grants to
04829'01 *
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1
the THIS state or a political subdivision OF THIS STATE a
2
license or privilege, or otherwise permits the THIS state or a
3
political subdivision OF THIS STATE to inspect, designate, and
4
use the whole or any part or parts of the real estate or other
5
premises for the purpose of sheltering persons during an actual,
6
impending, mock, or practice disaster, together with his or her
7
successors in interest, if any, shall IS not be civilly
8
liable for negligently causing the death of or injury to any
9
person on or about the real estate or premises under such THE
10
license, privilege, or permission or for loss or damage to the
11
property of the person.
12
(7) (8) A person owning or controlling real estate or
13
other premises who has gratuitously granted the use of the real
14
estate or other premises for the purposes stated in this section
15
shall be IS legally obligated to make known to the licensee any
16
hidden dangers or safety hazards which THAT are known to the
17
owner or occupant of the real estate or premises which THAT
18
might possibly result in the death or injury or loss of property
19
to a person using the real estate or premises.
20
SEC. 21. (1) IF GOOD CAUSE EXISTS TO BELIEVE THAT TERROR-
21
ISTS ARE WITHIN THIS STATE OR THAT ACTS OF TERRORISM MAY BE COM-
22
MITTED IN THIS STATE OR AGAINST A VITAL RESOURCE, THE GOVERNOR
23
MAY BY EXECUTIVE ORDER OR PROCLAMATION DECLARE A HEIGHTENED STATE
24
OF ALERT AND SUBSEQUENTLY EXERCISE THE AUTHORITY PROVIDED IN SEC-
25
TION 3(2) AND SECTION 5(1)(B), (C), (E), (F), (G), (H), (I), AND
26
(J) IN AN EFFORT TO SAFEGUARD THE INTERESTS OF THIS STATE OR A
27
VITAL RESOURCE, PREVENT OR RESPOND TO ACTS OF TERRORISM, OR TO
04829'01 *
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FACILITATE THE APPREHENSION OF TERRORISTS AND THOSE ACTING IN
2
CONCERT WITH THEM. THE GOVERNOR MAY UTILIZE THE SERVICES, FACIL-
3
ITIES, AND RESOURCES AVAILABLE UNDER THIS ACT UNDER A DECLARED
4
STATE OF DISASTER OR EMERGENCY. THE EXERCISE OF THOSE POWERS
5
SHALL BE CONSISTENT WITH THE PROVISIONS OF THE STATE CONSTITUTION
6
OF 1963 AND THE FEDERAL CONSTITUTION AND MAY CONTINUE UNTIL THE
7
HEIGHTENED STATE OF ALERT IS NO LONGER IN EFFECT. THE HEIGHTENED
8
STATE OF ALERT SHALL CONTINUE UNTIL THE GOVERNOR FINDS THAT THE
9
THREAT OR DANGER HAS PASSED, THE HEIGHTENED STATE OF ALERT HAS
10
BEEN DEALT WITH TO THE EXTENT THAT THE HEIGHTENED STATE OF ALERT
11
CONDITIONS NO LONGER EXIST, OR UNTIL THE HEIGHTENED STATE OF
12
ALERT HAS BEEN IN EFFECT FOR 60 DAYS. AFTER 60 DAYS, THE GOVER-
13
NOR SHALL TERMINATE THE HEIGHTENED STATE OF ALERT, UNLESS A
14
REQUEST BY THE GOVERNOR FOR AN EXTENSION OF THE HEIGHTENED STATE
15
OF ALERT FOR A SPECIFIC NUMBER OF DAYS IS APPROVED BY RESOLUTION
16
OF BOTH HOUSES OF THE LEGISLATURE.
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(2) A PERSON SHALL NOT WILLFULLY DISOBEY OR INTERFERE WITH
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THE IMPLEMENTATION OF A RULE, ORDER, OR DIRECTIVE ISSUED BY THE
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GOVERNOR UNDER THIS SECTION. A PERSON WHO VIOLATES THIS SECTION
20
IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT
21
MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $100.00, OR BOTH.
22
(3) THE ATTORNEY GENERAL OR A PROSECUTING ATTORNEY MAY BRING
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A CIVIL ACTION FOR DAMAGES OR EQUITABLE RELIEF TO ENFORCE THE
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PROVISIONS OF THIS ACT AND THE ORDERS, RULES, OR REGULATIONS MADE
25
IN CONFORMITY WITH THIS ACT.
26
(4) AS USED IN THIS SECTION:
04829'01 *
19
1
(A) "TERRORISM" MEANS A VIOLATION OF CHAPTER LXXXIII-A OF
2
THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.543A TO 750.543Z.
3
(B) "TERRORIST" MEANS A PERSON WHO ENGAGES IN, CONSPIRES TO
4
ENGAGE IN, OR THREATENS TO ENGAGE IN TERRORISM.
5
(C) "VITAL RESOURCE" MEANS THE FACILITIES, FUNCTIONS, AND
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RESOURCES OF A PUBLIC OR PRIVATE ENTITY, WITHIN THE GEOGRAPHIC
7
JURISDICTION OF THIS STATE, THE PROTECTION OF WHICH IS CONSIDERED
8
NECESSARY TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND WHICH THE
9
GOVERNOR HAS DESIGNATED, IN WRITING, AS A VITAL RESOURCE OF THIS
10
STATE.
11
Enacting section 1. Section 15 of the emergency management
12
act, 1976 PA 390, MCL 30.415, is repealed.
04829'01 * Final page. JLB
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