Study Report on Emergency Preparedness and

Response Legislation in the State of Michigan

 

Prompted by the tragic and shocking events of September 11, 2001, the Michigan Law Revision Commission undertook a review and survey of current emergency preparedness and response legislation in the State of Michigan, including provisions of the Michigan Constitution dealing with governmental response to emergencies. The results of that survey follow.

 

I. The Michigan Constitution.

 

The Michigan Constitution contains two sections dealing with state emergencies.

 

First, Article IV, Section 39 of the Michigan Constitution makes provision for continuity of government in periods of emergency resulting from disasters caused by enemy attack.  Section 39 authorizes the Legislature to provide for the prompt and temporary succession of all public offices, whether elective or appointive, whenever the incumbents become unavailable to carry out the powers and duties of such offices.  Section 39 also authorizes the Legislature to enact other laws necessary and proper for insuring the continuity of governmental operations.  Section 39 finally provides that elections are to be called as soon as possible to fill vacancies in elective offices temporarily occupied by operation of any legislation enacted pursuant to Section 39.

 

Second, Article V, Section 12 makes the Governor the commander-in-chief of the armed forces.  The Governor may call them out to execute the laws, suppress insurrection, and repel invasion.

 

II.  Implementing Legislation.

 

The Legislature has enacted the following laws that deal directly with statewide emergencies (each of these laws are discussed more fully below):

 

$ 1945 P.A. 302, M.C.L. '' 10.31-10.33, authorizing the Governor to proclaim a state of emergency and prescribing the Governor=s powers and duties with respect thereto.

 

$ 1967 P.A. 150, M.C.L. ' 32.551, specifying the occasions when the Governor may order out the organized militia, and authorizing the adjutant general to do so in the Governor=s absence or disability.

 

 

$ 1939 P.A. 270, M.C.L. '' 32.101-32.102, prescribing the activities of the national guard in cases of national emergency and prescribing the power and duties of the adjutant general.

 

$ 1967 P.A. 150, as amended, M.C.L. ' 32.651, creating the Michigan emergency volunteers.

 

$ 1959 P.A. 202, as amended, M.C.L. '' 31.1-31.15, the Emergency Interim Executive Succession Act.

 

$ 1963 P.A. 227, M.C.L. '' 691.971-691.977, the Emergency Interim Judicial Succession Act.

 

$ 1953 P.A. 151, as amended, M.C.L. ' 30.261, ratifying the Interstate Disaster Compact.

 

$ 2001 P.A. 248, 249, ratifying the Interstate Emergency Management Assistance Compact.

 

$ 1976 P.A. 390, as amended, M.C.L. '' 30.401-30.420, the Emergency Management Act.

 

 

A.  1945 P.A. 302, M.C.L. '' 10.31-10.33,

authorizing the Governor to proclaim a state of emergency

and prescribing the Governor=s powers and duties with respect thereto.

 

M.C.L. ' 10.31 provides in part:

 

During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger thereof, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, the commissioner of the Michigan state police, or upon his own volition, the governor may proclaim a state of emergency and designate the area involved.

 

Following such proclamation or declaration, the Governor may promulgate reasonable orders, rules, and regulations as he or she deems necessary to protect life and property, or to bring the emergency situation within the affected area under control. Such orders, rules, and regulations may cover the following subjects:

$ control of traffic

 

$ designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated

 

$ control of places of amusement and assembly, and of persons on public streets and thoroughfare

 

$ establishment of a curfew

 

$ control of the sale, transportation, and use of alcoholic beverages and liquors

 

$ control of the possession, sale, carrying, and use of firearms, of other dangerous weapons, and of ammunition

 

$ control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.

 

Such orders, rules, and regulations are effective from the date and in the manner prescribed in them. They may be amended, modified, or rescinded from time to time by the Governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the Governor that the emergency no longer exists.

 

Regarding the Act=s construction, the Legislature has provided that it is its intent Ato invest the governor with sufficiently broad power of action in the exercise of the police power of the state to provide adequate control over persons and conditions during such period of impending or actual public crisis or disaster.@ M.C.L. ' 10.32.  Violation of the Governor=s order, rule, or regulation is punishable as a misdemeanor.  M.C.L. ' 10.33.

 

The Michigan Supreme Court has held that the field of permitted action in time of civil disorder and riot has been entirely preempted by state law, so that in the absence of action by the Governor, a city lacks power to enact a curfew ordinance that gives the mayor emergency power to declare a curfew and to ban the sale of flammable liquids. Walsh v. City of River Rouge, 385 Mich. 623, 189 N.W.2d 318 (1971).

 

 

 

 

B.  1967 P.A. 150, M.C.L. ' 32.551, specifying the occasions when

the Governor may order out the organized militia, and authorizing

the adjutant general to do so in the Governor=s absence or disability.

 

Expanding on the commander-in-chief power vested in the Governor under Article V, Section 12 of the Michigan Constitution, implementing legislation codified at M.C.L. ' 32.551 provides that the Governor may order to active service any member of the organized militia in case of Ariot, . . . breach of the peace, . . . in time of public danger, disaster, crisis, catastrophe or other public emergency within the state.@  If the Governor is absent or disabled, then the adjutant general, Aif he believes the danger great and imminent,@ may order out troops as he or she believes necessary to meet the emergency.

 

 

C.  1939 P.A. 270, M.C.L. '' 32.101-32.102, prescribing the

activities of the national guard in cases of national emergency

and prescribing the power and duties of the adjutant general.

 

The duties of the adjutant general in case of a national emergency are spelled out in M.C.L. ' 32.101.  The adjutant general is directly responsible Ato the secretary of war [sic] of the United States@ for mobilizing the Michigan national guard and executing a plan for volunteer recruiting.  In time of peace the adjutant general is directed to submit contingency plans for the approval of the Awar department [sic],@ which plans are then to be submitted to the Governor whose approval shall give the plans the full force and effect of law. M.C.L. ' 32.102.

 

 

D.  1967 P.A. 150, as amended, M.C.L. ' 32.651,

creating the Michigan emergency volunteers.

 

1967 P.A. 150 authorizes the establishment of a unit known as the Michigan emergency volunteers.  The act provides that when the President calls the national guard into federal service in time of national emergency, the Governor may activate the Michigan emergency volunteers as he or she deems necessary for adequate emergency assistance to the state.  The emergency volunteers are to aid civil authority missions formerly reserved for the national guard as determined by the Department of Military Affairs in cooperation with the Department of State Police and the state emergency preparedness plan.  During times other than national emergencies, the number of

 

 

emergency volunteers shall not exceed 15% of the Michigan national guard authorized strength.  The Department of Military Affairs is to submit an annual report to the Legislature on the status of the emergency volunteers.

 

 

E.  1959 P.A. 202, as amended, M.C.L. '' 31.1-31.15,

the Emergency Interim Executive Succession Act.

 

In the event of a statewide emergency caused by enemy attack upon the United States or by civil disorder, the Emergency Interim Executive Succession Act is designed to provide for the prompt but temporary succession to the powers and duties of state executive officers when the incumbents become unavailable to exercise their powers or to discharge their duties.  AState executive officers@ is defined as Athe elected heads of the principal departments of this state.@ M.C.L. ' 31.2(d).

 

The Governor is to designate five emergency interim successors within 30 days after his inauguration. M.C.L. ' 31.3. If the Governor, Lieutenant Governor, the elected Secretary of State, the elected Attorney General, the president pro tem. of the Senate, or the speaker of the House are not able to serve as Governor, then the emergency interim successor highest in order of succession is to exercise the Governor=s powers and discharge his duties.  No emergency interim successor to the abovementioned offices, other the office of the Governor, may serve as Governor. M.C.L. ' 31.4.

 

All other state executive officers are to designate five emergency interim successors within 30 days after taking office. M.C.L. ' 31.5.  If a state executive=s deputy is unable to serve, then the highest ranking emergency interim successor is to exercise the powers and duties of the office. M.C.L. ' 31.6.

 

No person may be designated as an emergency interim successors unless he or she may hold the office to which he or she has been designated under the Michigan Constitution and state statutes. M.C.L. ' 31.7. Interim successors serve without compensation, except that necessary and actual expenses incurred in discharging the duties of the office may be reimbursed. M.C.L. ' 31.11.

 

The Governor or the Secretary of State, or their successors, make the determination of unavailability of a state executive officer. M.C.L. ' 31.10.  The Legislature may by law terminate the authority of an emergency interim successor.  An election to fill the vacancy is to be held within one year after the disaster. M.C.L. ' 31.14.

 

 

Any dispute concerning a question of fact arising under the Act, except a question of fact relative to the office of Governor, is to be determined by the Governor or his constitutional successor.  Any dispute concerning a question of fact arising under the Act with respect to the office of Governor is to be determined by the Chief Justice of the Michigan Supreme Court. M.C.L. ' 31.15.

 

 

F.  1963 P.A. 227, M.C.L. '' 691.971-691.977,

the Emergency Interim Judicial Succession Act.

 

Legislation that parallels the Emergency Interim Executive Succession Act has been enacted for the state judiciary. The Emergency Interim Judicial Succession Act authorizes the Governor to designate not less than three special emergency judges for each member of each court of record and to specify their order of succession.  M.C.L. ' 691.973.  In the event a regular judge becomes unavailable, a special emergency judge shall exercise the duties of that judge=s office.  Such power may only be exercise after an attack upon the United States has occurred. M.C.L. ' 691.975.  The Legislature by concurrent resolution may terminate the authority of a special emergency judge at any time.  Any dispute concerning a question of fact is to be resolved by the Governor.  M.C.L. ' 691.977.

 

 

G.  1953 P.A. 151, as amended, M.C.L. ' 30.261,

ratifying the interstate disaster compact.

 

In 1981 the Legislature ratified the Interstate Disaster Compact.  Thirty-five states, the District of Columbia, and the Virgin Islands are parties to it.

 

Article 1 of the Compact provides that the purpose of the Compact is to provide mutual aid among the states in meeting an emergency or disaster, Aincluding fire, flood, snow, ice, windstorm, wave action, water contamination requiring emergency action to avert danger or damage, utility failure, hazardous radiological incident, major transportation accident, epidemic, air, contamination, blight, drought, infestation, explosion, or hostile military or paramilitary action.@ The resources of the party states, including resources available from the United States government or any other source, are to be incorporated into a plan or plans of mutual aid to be developed among the emergency management agencies or similar bodies of the states that are parties to the Compact. The directors of emergency management of all party states constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.

 

Article 2 provides that it is the duty of each party state to formulate disaster preparedness plans and programs for application within the state. In carrying out disaster preparedness plans and programs, the party states are to provide and follow uniform standards, practices, and rules and regulations, including (1) insignia, arm bands, and any other distinctive articles to designate and distinguish the different disaster relief forces; (2) blackouts and practice blackouts, drills, mobilization of disaster relief forces, and other tests and exercises; (3) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (4) the effective screening or extinguishing of all lights and lighting devices and appliances; (5) shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services; (6)all materials or equipment used or to be used for disaster preparedness purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party states; (7) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic prior, during, and subsequent to drills or attacks; (8) the safety of public meetings or gatherings; and (9) mobile support units.

 

Article 3 obligates any party state requested to render mutual aid to take such action as is necessary to provide and make available the resources covered by the Compact in accordance with its terms.  However, it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for that state. Each party state is to extend to the disaster relief forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges, and immunities as if they were performing their duties in the state in which they are normally employed or render services. Disaster relief forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency management authorities of the state receiving assistance.

 

Article 8 on reimbursement provides that any party state rendering aid to another state pursuant to the Compact will be reimbursed by the party state receiving aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests.

 

Article 9, dealing with evacuations, requires that plans for the orderly evacuation of the civilian population as the result of an emergency or disaster be worked out from time to time between representatives of the party states and the various local disaster relief areas thereof.

 

                                      H. 2001 P.A. 248, 249, ratifying the Interstate

                                     Emergency Management Assistance Compact.

 

At the end of 2001, the Legislature enacted the Interstate Emergency Management Assistance Compact.[1] Three other states have enacted this Compact: Iowa (Iowa Code Ann. ' 29C.21), Kansas (Kan. Stat. Ann. ' 48-9a01), and Minnesota (Minn. Stat. Ann. ' 192.89).  The Interstate Emergency Management Assistance Compact parallels the Interstate Disaster Compact in some respects, but expands upon the latter Compact in others. The raison d=être of the Compact, as articulated in Article II, is that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies. There will be emergencies that require immediate outside resources to make a prompt and effective response to such an emergency. Few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, is the underlying principle of the Compact.

 

Article I of the Compact, Purpose and Authorities, provides that the purpose of the Compact is to provide for mutual assistance between the states in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resource shortages, community disorders, insurgency, or enemy attack.

 

Article 3 outlines the responsibilities of the states which are parties to the Compact. Each party state is responsible for formulating procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, are to do the following:

 

$ Review state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to

natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.

 

$ Review individual emergency plans and develop a plan that will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

 

$ Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

$ Assist in warning communities adjacent to or crossing the state boundaries.

 

$ Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

 

$ Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

 

$ Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

 

Article III further provides that the authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. Requests are to include the following information:

$ A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

 

$ The amount and type of personnel, equipment, materials, and supplies needed, and a reasonable estimate of the length of time they will be needed.

 

$ The specific place and time for staging of the assisting party's response and a point of contact at that location.

 

Article IV, Limitations, recognizes that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Article

 

 

IV further provides that each party state is to afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance.

 

Article V provides for the reciprocal recognition of licenses and permits. Thus, whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

 

Article VI, Liability, provides governmental tort immunity for acts of negligence. As a threshold matter, officers or employees of a party state rendering aid in another state pursuant to the Compact are to be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to the Compact is liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith does not include willful misconduct, gross negligence, or recklessness.

 

The final articles of the Compact address a variety of matters. Article VII makes clear that the Compact does not preclude any state from entering into supplementary agreements with another state and does not affect any other agreements already in force between states.  Article VIII on compensation provides that each party state is

responsible for the payment of compensation and death benefits to injured members of

the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. Article IX on reimbursement states any party state rendering aid in another state pursuant to the Compact is to reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests. Article X on evacuation directs that

plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, are to be worked out and maintained between the party states and the emergency management or services directors of the various jurisdictions where any type of incident requiring evacuations might occur.

 

I. 1976 P.A. 390, as amended, M.C.L. '' 30.401-30.420,

the Emergency Management Act.

 

The Emergency Management Act is the centerpiece of emergency preparedness and response legislation in Michigan. The Act provides for the planning of, mitigation of, response to, and recovery from natural and human-made disaster within the state. 

 

The Governor is given the lead role under the Act. Under M.C.L. ' 30.403, the Governor is responsible for coping with dangers presented by a disaster or emergency. The Governor may issue executive orders, proclamations, and directives having the force and effect of law to implement the Act. He may declare a state of disaster or emergency if he finds a disaster has occurred, an emergency exists, or the threat of a disaster or emergency exists. The state of disaster or emergency shall continue until the Governor finds that the threat or danger has passed, or that the disaster or emergency has been dealt with to the extent that disaster or emergency conditions no longer exist. A "disaster" is defined as

 

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, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders.

M.C.L. ' 30.402(e).  The Act defines an Aemergency@ as

 

any occasion or instance in which the governor determines state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state.

 

The Governor is authorized to enter into a reciprocal aid agreement or compact with another state, the federal government, or a state or province of a foreign country. M.C.L.

 

' 30.404(3).  In addition to the foregoing powers, under M.C.L. ' 30.405 the Governor is authorized to perform any of the following acts:

 

$ suspend a regulatory statute, order, or rule prescribing the procedures for conduct of state business, when strict compliance with the statute, order, or rule would prevent, hinder, or delay necessary action in coping with the disaster or emergency (this power does not extend to the suspension of criminal process and procedures).

 

$ utilize the available resources of the state and its political subdivisions, and those of the federal government made available to the state, as are reasonably necessary to cope with the disaster or emergency.

 

$ transfer the direction, personnel, or functions of state departments, agencies, or units thereof for the purpose of performing or facilitating emergency management.

 

$ subject to appropriate compensation, as authorized by the legislature, commandeer or utilize private property necessary to cope with the disaster or emergency.

 

$ direct and compel the evacuation of all or part of the population from a stricken or threatened area within the state if necessary for the preservation of life or other mitigation, response, or recovery activities.

 

$ prescribe routes, modes, and destination of transportation in connection with an evacuation.

 

$ control ingress to and egress from a stricken or threatened area, removal of persons within the area, and the occupancy of premises within the area.

 

$ suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.

 

$ provide for the availability and use of temporary emergency housing.

 

$ direct all other actions which are necessary and appropriate under the circumstances.

 

All persons are obligated to conduct themselves and manage their affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public to cope with the effects of a disaster or an emergency. This obligation includes appropriate personal service and the use or restriction of the use of property in time of a disaster or an emergency. Compensation for property is to be paid only if the property is taken or otherwise used in coping with a disaster or emergency and its use or destruction is ordered by the Governor or the Director of the Department of State Police. A person claiming compensation for the use, damage, loss, or destruction of property under the Act must file a claim. If a claimant refuses to accept the amount of compensation offered by the state, a claim may be filed in the state court of claims which court has exclusive jurisdiction to determine the amount of compensation due the owner. M.C.L. ' 30.406.

 

The Director of the Department of State Police is granted various powers and assigned specific duties under the Act. First, the Director is to implement the Governor=s orders and directives in the event of a disaster or an emergency.  He is to coordinate all federal, state, county, and municipal disaster prevention, mitigation, relief, and recovery operations within the state. At the specific direction of the Governor, the Director is to assume complete command of all disaster relief, mitigation, and recovery forces, except the national guard or state defense force, if it appears that this action is absolutely necessary for an effective effort. The Director's powers and duties include the administration of state and federal disaster relief funds and money; the mobilization and direction of state disaster relief forces; the assignment of general missions to the national guard or state defense force activated for active state duty to assist the disaster relief operations; the receipt, screening, and investigation of requests for assistance from county and municipal governmental entities; the making of recommendations to the Governor; and other appropriate actions within the general authority of the Director. M.C.L. ' 30.407.

 

The Act directs the Department of State Police to establish an emergency management division for the purpose of coordinating the emergency management activities of county, municipal, state, and federal governments. The Department is to provide the division with professional and support employees as necessary for the performance of its functions. The emergency management division is responsible for preparing and maintaining a Michigan emergency management plan that is comprehensive and encompasses mitigation, preparedness, response, and recovery. M.C.L. ' 30.407a.[2]  Each department of state government, each county board of commissioners, each municipality with a population of 25,000 or more must employ or appoint an emergency management coordinator who is to serve as liaison between his or her department and the emergency management division. M.C.L. '' 30.408-30.409.

 

The Act also contains several important limitations.  M.C.L. ' 30.417 provides that the Act shall not be construed so as to

 

$ interfere with the course or conduct of a labor dispute. However, actions otherwise authorized by the Act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.

 

$ interfere with the dissemination of news or comment on public affairs. However, any communications facility or organization, including radio and television stations, wire services, and newspapers, may be requested to transmit or print public service messages furnishing information or instructions in connection with a disaster or emergency.

 

$ affect the jurisdiction or responsibilities of law enforcement agencies, fire fighting forces, and units or personnel of the armed forces of the United States when on active duty. However, state, local, and interjurisdictional emergency operations plans shall place reliance upon the forces available for performance of functions related to disasters or emergencies.

 

$ limit, modify, or abridge the authority of the governor to proclaim a state of emergency pursuant to M.C.L. '' 10.31 to 10.33, or exercise any other powers vested in him or her under the state constitution, statutes, or common law independent of, or in conjunction with, the Act.

 

$ relieve any state or local official, department head, or agency of its normal responsibilities.

 

$ limit or abridge the power, duty, or responsibility of the chief executive official of a county or municipality to act in the event of a disaster or emergency except as expressly set forth in the Act.

 

The Act contains final provisions on funding and assistance to local units of government.

 

III.  Other Emergency-Related Legislation and Executive Orders.

 

 

The Legislature has also enacted several laws that are ancillary and at times peripheral to statewide emergencies.

 

$ 1982 P.A. 191, as amended, M.C.L. '' 10.81-10.87, authorizing the declaration of a state of energy emergency and providing procedures to be followed after such a declaration.

 

$ 1967 P.A. 236, as amended, M.C.L. '' 123.811-123.814, authorizing two or more counties, cities, villages, or townships to enter into agreements to provide mutual police assistance to one another in case of emergencies.

 

$ 1988 P.A. 279, M.C.L. '' 10.121-10.122, authorizing the Governor to declare a state of emergency in case an adulterated consumer product presents a threat to public safety and health.

 

$ 1994 P.A. 451, as amended, M.C.L. ' 324.31523, requiring owners of certain high and potentially hazardous dams to prepare and keep current an emergency action plan.

 

$ 1994 P.A. 451, M.C.L. ' 324.63710, prohibiting the state from extracting sand and other minerals from a sand dune area except in an emergency situation resulting from a disaster as defined in section 2 of the Emergency Management Act.

 

$ 1994 P.A. 451, M.C.L. ' 324.20302, providing that a volunteer who assists in the clean up of a hazardous material spill following the declaration of a state of disaster by the Governor pursuant to Section 3 of the Emergency Management Act is not civilly liable unless the volunteer acted in a grossly negligent manner.

 

$ 1978 P.A. 368, M.C.L. '' 333.20908-333.20971, directing the Department of Community Health to develop and administer a statewide emergency medical services system.

 

$ 1978 P.A. 116, M.C.L. '' 286.181-286.194, the John C. Hertel Toxic Substance Control Commission Act (sunsetted December 31, 1989).

 

$ Executive Order  No. 1998‑5, establishing the Michigan Hazard Mitigation Council Coordinating Council which is to perform the following functions: (1) assist in the development, maintenance, and implementation of a state hazard mitigation plan; (2) assist in the development, maintenance and implementation of guidance and informational materials to support hazard mitigation efforts of local and state

government, and private entities; (3) solicit, review and identify hazard mitigation projects for funding under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93‑288, as amended, and sections 553 and 554 of the National Flood Insurance Reform, Act, P.L. 103‑325; and (4) foster and promote, where appropriate, hazard mitigation principles and practices within local and state government, and with the general public.

 

$ Executive Order No.1994‑17, establishing the Michigan Emergency Planning and Community Right to Know Commission which is to perform the following responsibilities: (1) perform all the duties of a state emergency response commission prescribed under the Superfund Amendments and Reauthorization Act of 1986, P.L. 99‑499, which requires the state to establish a state emergency response commission, including (a) designating emergency planning districts to facilitate preparation and implementation of emergency plans, (b) appointing members to local emergency planning committees of designated emergency planning districts, (c) notifying the Administrator of the federal Environmental Protection Agency of facilities subject to the requirements of the Act and notifying the Administrator of each notification received from a facility under section 302(c) of the Act, and (d) reviewing the plans submitted by the local emergency planning committees and making recommendations to the committees on revisions that may be necessary to ensure coordination with other emergency planning districts; and (2) protect the public health, safety, welfare and the environment by facilitating the implementation of the emergency planning and community right‑to‑know provisions of the Act.

 

$ Executive Order 1994-25, expanding the responsibilities of the Michigan Emergency Planning and Community Right to Know Commission to include (1) evaluation of current state agency responsibilities pertaining to hazardous materials planning, enforcement and response; and (2) development of recommendations to ensure efficient and effective coordination of hazardous materials planning, enforcement and response.


[1] The Interstate Emergency Management Assistance Compact was enacted in two Public Acts, one enrolled in the House, 2001 P.A. 247, and the other enrolled in the Senate, 2001 P.A. 248.  However, both Public Acts track each other verbatim.

[2] M.C.L. ' 30.415 created the emergency management advisory council to advise the Governor and the Director in the development of plans.  Pursuant to Executive Order 1993-15, the advisory council was abolished and its functions transferred to the Director of the Department of State Police.