BILL AS INTRODUCEDH.286

2007Page 1

H.286

Introduced by Representatives Masland of Thetford, Shand of Weathersfield, McCullough of Williston, Cheney of Norwich, Kitzmiller of Montpelier and Turner of Milton

Referred to Committee on

Date:

Subject: Public safety; emergency management; all hazards

Statement of purpose: This bill proposes to give authority to the emergency management director or local fire chief to order evacuations under certain circumstances; to permit municipalities to appropriate funds for repair work in certain emergency circumstances; and to clarify specifics relating to municipalities and mutual aid agreements and mutual aid districts.

AN ACT RELATING TO EMERGENCY MANAGEMENT

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 20 V.S.A. § 6(e) and (f)are added:

(e) In addition to powers granted in other portions of these statutes, the emergency management director or fire chief may order the evacuation of individuals living or working within a danger area if there is an immediate and present threat to life or health.

(f) If the governor declares a state of local emergency in accordance with section 8 of this title, the legislative body of a municipality may, by resolution, adopt special emergency appropriations to pay for extraordinary expenses for the repair and reconstruction of streets, roads, or bridges, or other public property damaged by flood or hurricane when those repairs make it necessary to expend money in excess of town-meeting-approved appropriations and that will result in an over-expenditure of the total amount appropriated. The resolution adopting the special emergency appropriation shall designate the source of funds that will be appropriated. The legislative body shall report on the special emergency appropriation at the next special or regular town meeting.

Sec. 2. 20 V.S.A. § 8(b)(9) is amended to read:

(9) Mutual aid among municipalities. To sponsor, develop and approve mutual aid plans and agreements among the townsTownsand cities of the state, similar to themay enter intomutual aid arrangementsreferred to aboveand form mutual aid districts for purposes similar to those listed in this subsection and for the purpose of giving or receiving fire, rescue, emergency medical, law enforcement, and public works assistance. These agreements or districts may be intrastate or interstate. A mutual aid district formed under this section shall be a public municipal corporation. Whenever rendering aid or assistance pursuant to this section, the officers and members shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are usually employed, but shall work within the authority of the other political subdivision.