Michigan Compiled Laws — EMERGENCY MANAGEMENT ACT (Act 390 of 1976)

Short title.

This act shall be known and may be cited as the "emergency management act".

Definitions.

As used in this act: (a) "Chief executive official" means: (i) In the case of a county with an elected county executive, the county executive. (ii) In the case of a county without an elected county executive, the chairperson of the county board of commissioners, or the appointed administrator designated by appropriate…

Responsibility of governor; executive orders, proclamations, and directives; declaration, duration, and termination of state of disaster or state of emergency; contents and dissemination of executive order or proclamation.

(1) The governor is responsible for coping with dangers to this state or the people of this state presented by a disaster or emergency. (2) The governor may issue executive orders, proclamations, and directives having the force and effect of law to implement this act. Except as provided in section 7(2), an executive or…

Effect of executive order or proclamation of state of disaster or state of emergency; federal assistance; reciprocal aid agreement or compact; appropriation.

(1) An executive order or proclamation of a state of disaster or a state of emergency shall serve to authorize the deployment and use of any forces to which the plan or plans apply and the use or distribution of supplies, equipment, materials, or facilities assembled or stockpiled pursuant to this act. (2) Upon declari…

Additional powers of governor; prohibition; disobeying or interfering with rule, order, or directive as misdemeanor.

(1) In addition to the general authority granted to the governor by this act, the governor may, upon the declaration of a state of disaster or a state of emergency do 1 or more of the following: (a) Suspend a regulatory statute, order, or rule prescribing the procedures for conduct of state business, when strict compli…

Obligation of person within state; compensation for services or property; record; claims; exceptions.

(1) All persons within this state shall 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 servic…

Powers and duties of director.

(1) The director shall implement the orders and directives of the governor in the event of a disaster or an emergency and shall coordinate all federal, state, county, and municipal disaster prevention, mitigation, relief, and recovery operations within this state. At the specific direction of the governor, the director…

Emergency management division; establishment; purpose; employees; emergency management plan; grants; powers of division; definition.

(1) The department shall establish an emergency management division for the purpose of coordinating within this state the emergency management activities of county, municipal, state, and federal governments. The department shall provide the division with professional and support employees as necessary for the performan…

Stockpiling of medical supplies by department of health and human services; coordination and distribution during state of disaster or state of emergency; inventory list; use of appropriations; definitions.

(1) Beginning on the effective date of the amendatory act that added this section, the department of health and human services shall, subject to annual appropriation, stockpile medical supplies that are necessary to respond to a state of disaster or a state of emergency within this state. (2) The department of health a…

Emergency management coordinator; employment or appointment; duties; annexes to emergency management plan; cooperation of state agencies.

(1) The director of each department of state government, and those agencies of state government required by the Michigan emergency management plan to provide an annex to that plan, shall serve as emergency management coordinator for their respective departments or agencies. Each director may appoint or employ a designa…

Emergency management coordinator; appointment; duties; eligibility.

(1) The county board of commissioners of each county shall appoint an emergency management coordinator. In the absence of an appointed person, the emergency management coordinator shall be the chairperson of the county board of commissioners. The emergency management coordinator shall act for, and at the direction of,…

Powers of county and municipality; mutual aid or reciprocal aid agreements or compacts; assistance of emergency management coordinator.

(1) Each county and municipality that has appointed an emergency management coordinator under section 9 may do 1 or more of the following: (a) Direct and coordinate the development of emergency operations plans and programs in accordance with the policies and plans established by the appropriate federal and state agenc…

(1) Personnel of disaster relief forces while on duty are subject to all of the following provisions: (a) If they are employees of this state, they have the powers, duties, rights, privileges, and immunities of and receive the compensation incidental to their employment. (b) If they are employees of a political subdivi…

Disaster or emergency relief assistance provided by state employee; unpaid leave of absence; leave of absence with pay; conditions; limitation.

(1) A state employee who is not in the state classified civil service and who is skilled in emergency relief assistance and certified as a disaster services volunteer by the American Red Cross may be granted an unpaid leave of absence from his or her state employment to provide disaster or emergency relief assistance i…

Disaster or emergency occurring in county or municipality; procedure; ordinances or rules.

(1) If a disaster or an emergency occurs in a county or municipality and is beyond the control of local public or private agencies, the chief executive official of the county or municipality may request the governor to declare that a state of disaster or state of emergency exists in the county or municipality, utilizin…

Assessment of disaster or emergency; findings and recommendations; notice; temporary assistance; action by governor.

(1) In the event a disaster or emergency occurs that has not yet been declared to be a state of disaster or a state of emergency by the governor, and the disaster or emergency is considered by the chief executive official of the municipality or the governing body or the county in which it occurs to be beyond the contro…

Declaration of emergency or major disaster by president; federal grants; agreement pledging state's share.

After the president of the United States declares an emergency or a major disaster, as defined in the disaster relief act of 1974, Public Law 93-288, 88 Stat. 143, to exist in this state, the governor may apply for, accept, and disburse grants from the federal government pursuant to the disaster relief act of 1974. To…

Construction of act.

This act shall not be construed to do any of the following: (a) Interfere with the course or conduct of a labor dispute. However, actions otherwise authorized by this act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety. (b) Interfere with the dis…

Disaster and emergency contingency fund; creation; administration; accounting; appropriation; carrying forward unexpended and unencumbered funds; expenditures; reimbursement; declaration; investment.

(1) A disaster and emergency contingency fund is created and shall be administered by the director. An annual accounting of expenditures under this act shall be made to the legislature and the legislature shall annually appropriate sufficient funds to maintain the fund at a level not to exceed $10,000,000.00 and not le…

Disaster and emergency contingency fund; expenditures when federal assistance unavailable; application for grant; resolution; rules.

(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 counties and municipali…

Heightened state of alert; cause; powers of governor; violation as misdemeanor; penalty; civil action; definitions.

(1) If good cause exists to believe that terrorists or members of a terrorist organization are within this state or that acts of terrorism may be committed in this state or against a vital resource, the governor may by executive order or proclamation declare a heightened state of alert and subsequently exercise the aut…