MISSISSIPPI LEGISLATURE
2012 Regular Session
To: County Affairs
By: Representative DeLano
AN ACT TO CREATE THE MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2012; TO PROVIDE DEFINITIONS FOR SUCH ACT; TO AUTHORIZE A COUNTY, MUNICIPALITY OR TOWN THAT IS AFFECTED BY AN EMERGENCY OR DISASTER TO REQUEST AID THROUGH THE APPROPRIATE EMERGENCY MANAGEMENT EMPLOYEE OR OFFICIAL IN THE STATE OR OUTSIDE THE STATE; TO DESCRIBE HOW SUCH REQUESTS SHALL BE MADE; TO REQUIRE PASSAGE OF A RESOLUTION FOR SUCH REQUESTS; TO REQUIRE THE REQUESTING PARTY TO PAY THE RESPONDING PARTY ALL DOCUMENTED COSTS INCURRED BY THE RESPONDING PARTY IN EXTENDING ASSISTANCE TO THE REQUESTING PARTY UNDER THIS ACT; TO REQUIRE GOVERNMENTAL ENTITIES TO PROVIDE THAT THE GOVERNMENTAL ENTITIES THAT ARE PARTIES TO EXISTING MUTUAL AID AGREEMENTS MAY BY RESOLUTION OF THEIR GOVERNING BODIES CONTINUE TO OPERATE UNDER THOSE AGREEMENTS UNTIL THEY EXPIRE OR ARE TERMINATED; TO AMEND SECTIONS 33-15-17 AND 33-15-14, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2012."
SECTION 2. The following words shall have the following meanings, unless the context otherwise requires:
(a) "Activities under service agreements" means day-to-day cooperation and activities based upon interlocal service or operational agreements or contracts between or among governmental entities.
(b) "Aid" means the same as assistance except that aid is provided in an occurrence during any period of time when a state of emergency has not been declared.
(c) "Assistance" means the provision of personnel, equipment, facilities, services, supplies, and other resources to assist in firefighting, law enforcement, the provision of public works services, the provision of emergency medical care, the provision of civil defense services, or any other emergency assistance one governmental entity is able to provide to another in response to a request for assistance in a municipal, county, state, or federal state of emergency.
(d) "Disaster" means the same as defined in Section 33-15-5 (m).
(e) "Emergency" means the same as defined in Section 33-15-5(h) and 33-15-5(g).
(f) "Emergency assistance" means assistance provided by a participating governmental entity to another under this act.
(g) "Employee" means paid, volunteer, and auxiliary personnel and emergency management workers of a governmental entity.
(h) "Governmental entity" means any political subdivision of the state, including, but not limited to, any incorporated city or town, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving public funds, rescue squad, human resource agency, public building authority, airport authority, and development district, or any instrumentality of government created by one (1) or more of these named governmental entities or the general assembly, or any entity otherwise recognized by state law as a local governmental entity.
(i) "Occurrence" means the imminent threat of an event or an actual event and its aftermath, whether natural or man-made, that could lead to substantial bodily injury or property damage and that could lead to the declaration of a state of emergency.
(j) "Participating governmental entity" means any governmental entity in the state or outside the state that requests or responds to a request for aid or assistance under this act.
(k) "Responding party" means a governmental entity that has received and responded to a request to provide mutual aid or assistance to another governmental entity under this act.
(l) "Requesting party" means a governmental entity that requests aid or assistance from another governmental entity under this act.
SECTION 3. (1) When a governmental entity is affected by an emergency or disaster that such entity's resources will not be adequate to handle, the governmental entity may request aid through the appropriate emergency management employee or official, or declare a local emergency as provided in Section 33-15-17 and request assistance by communicating the request to a potential responding party or multiple potential responding parties. Requests for aid or for assistance must be made by the appropriate official or employee to the emergency communications dispatch center of potential responding parties or other officials authorized by the potential responding party to respond to requests under this act.
(2) Any participating governmental entity may, upon receiving a request for mutual aid in an occurrence or for assistance from a requesting party in a municipal, county, state, or federal state of emergency, send its personnel and equipment outside its boundaries and into any other jurisdiction necessary to respond to the request.
SECTION 4. (1) Each request for aid or assistance may be made verbally and should, to the extent possible, include the following:
(a) A statement that an occurrence is imminent, in progress, or has occurred. The statement should also indicate whether a declaration of a state of emergency has been made and give a general description of the occurrence or emergency, including an initial estimate of the damages and injuries sustained or expected;
(b) Identification of the service functions for which aid or assistance is needed and the particular type of aid or assistance needed;
(c) The amount of personnel, equipment, materials, and supplies needed; and
(d) An estimated time and place for a representative of the requesting party to meet the responding party.
(2) Each request for aid or assistance may include the following if known or necessary:
(a) An estimate of the amount of time, aid, or assistance that will be needed;
(b) Identification of the types of infrastructure for which aid or assistance is needed (e.g., water and sewer, streets, gas, electric, or other infrastructure); and
(c) Identification of the need for sites, structures, or other facilities outside the requesting party's jurisdiction to serve as relief centers or staging areas for incoming emergency goods or services.
(3) All requests for assistance shall be confirmed in writing to the responding party or parties within thirty (30) days of the initial request. Parties shall keep records of all requests made for assistance under this act.
SECTION 5. (1) Any act of a local governmental entity to provide or receive mutual aid and assistance with participating governmental entities in this state or outside this state shall be governed by this act, and no separate agreement is necessary with regard to aid or assistance provided to local governmental entities in other states. Any local governmental entities that have agreements in existence after July 1, 2012, may choose by resolution of their governing bodies to continue agreements until they expire or are terminated in accordance with their terms. When there is an agreement between or among local governmental entities in this state or outside this state, the provisions of that agreement and applicable law govern activities under the agreement. For any governmental entity with no agreement with the particular requesting party that governs mutual aid or assistance, the provisions of this act shall apply to both parties.
(2) It is not the intent of this act to affect activities under service agreements. Service and operational agreements may continue to be made and enforced under applicable Mississippi state law.
(3) Aid and assistance to entities in other states continues to be governed by the Interlocal Cooperation Act of 1974.
SECTION 6. (1) This act does not create a duty on participating governmental entities to respond to a request for aid or assistance nor to stay at the scene of an occurrence or emergency for any length of time. Upon receipt of a request for aid or assistance, a potential responding party shall determine whether and to what extent it will provide the aid or assistance. If the potential responding party determines in its complete discretion that it is not in its best interest to provide aid or assistance, it shall notify the requesting party of its decision as soon as possible. If the potential responding party determines that aid or assistance can be provided, it shall communicate the following information to the requesting party as soon as possible:
(a) A description of what personnel, equipment, and other resources it will provide;
(b) An estimate of the length of time aid or assistance will be available; and
(c) An estimated time of arrival at the scene or designated meeting place.
(2) The responding party may withdraw aid or assistance at any time. The responding party shall notify the requesting party as soon as possible of any decision to withdraw aid or assistance.
(3) The provisions of this section that require certain actions are discretionary rather than mandatory and do not create a public or special duty on the part of any participating governmental entity.
(4) The representative or representatives of the requesting party authorized to be in charge of emergency response at the scene shall be in command at the scene as to strategy, tactics, and overall direction of the operations. The requesting
party may delegate command as needed. Generally accepted incident command procedures shall be implemented and followed. The responding party shall designate supervisory personnel for its employees sent to render aid or assistance. All orders or
directions regarding the operations of the responding party shall be relayed to the responding party through these designated supervisory personnel unless a different arrangement is determined by the parties in the field to be more advantageous.
SECTION 7. (1) When employees of the responding party are sent from the employing jurisdiction to another jurisdiction or jurisdictions in response to a request for aid or assistance under this act, they have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they normally function.
(2) Employees of the responding party will be considered as the responding party's employees at all times while performing their duties under this act for purposes of the workers' compensation law and for that purpose will be considered as acting within the course and scope of their employment with the responding party.
(3) For liability purposes only, employees of the responding party are to be considered employees of the requesting party while performing their duties under this act at the scene of the occurrence or emergency or other locations necessary for the response while under the supervision of the requesting party. At all other times in the response, including traveling to the scene and returning to the employing jurisdiction, such employees are to be considered for liability purposes to be employees of the responding party.
SECTION 8. Nothing in this act shall be construed to remove any immunity from, defenses to, or limitation on liability provided by state law to local governing authorities.
SECTION 9. (1) Except as otherwise provided in this act, the requesting party shall pay the responding party all documented costs incurred by the responding party in extending assistance to the requesting party under this act. The requesting party is ultimately responsible for reimbursement of all eligible expenses, not to exceed the Federal Emergency Management Agency's reimbursement fee schedules.
(2) Eligibility for reimbursement begins immediately upon the declaration of the emergency. The responding party is entitled to receive payment for one-half (1/2) its reimbursable costs for the first six (6) hours of its response after the emergency is declared. The responding party is entitled to one hundred percent (100%) reimbursement of eligible costs incurred after six (6) hours are exceeded. Time periods for the response subject to reimbursement shall be calculated from the time the emergency is declared or the time the responding party leaves its jurisdiction, whichever occurs later, to the time it returns. Reimbursement of personnel, equipment, and materials and supply costs are all subject to the limitations of this subsection.
(3) During the period of assistance, the responding party shall continue to pay its employees according to then-prevailing wages, including benefits and overtime. The requesting party shall reimburse the responding party for all direct and indirect payroll costs, including travel expenses, incurred during the period of assistance, including but not limited to, employee retirement benefits as determined by generally accepted accounting principles. The requesting party is not responsible for reimbursing any amounts paid or due as benefits to responding party's personnel under the terms of the Mississippi Workers' Compensation Act.
(4) The requesting party shall reimburse the responding party for the use of its equipment during the period of assistance according to the Federal Emergency Management Agency fee schedules for hourly rates. For instances in which the costs are reimbursed by the Federal Emergency Management Agency, eligible direct costs
shall be determined in accordance with 44 C.F.R. 206.228.
(5) The requesting party shall reimburse the responding party for all material and supplies furnished by it and used or damaged during the period of assistance, except for the cost of equipment, fuel, and maintenance materials, labor, and supplies, which shall be included in the equipment rate unless it is damaged and the damage is caused by the gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the responding party's personnel. The measure of reimbursement shall be determined in accordance with 44 C.F.R. Part 13 and applicable Office of Management and Budget (OMB) circulars.
(6) The responding party shall maintain records and submit invoices for reimbursement by the requesting party. For instances in which costs are reimbursed by the Federal Emergency Management Agency, the requesting party must submit requests for reimbursement to the Mississippi Emergency Management Agency on
forms required by Federal Emergency Management publications, including 44 C.F.R. Part 13 and applicable OMB circulars. The reimbursement request shall include the certification or level of training of the personnel who responded and the type of equipment that was sent.
(7) The responding party shall forward the reimbursable costs with an itemized invoice to the requesting party as soon as possible, but no later than sixty (60) days after the provision of assistance has ended.
(8) Nonparticipating governmental entities and participating governmental entities that have separate agreements with nonparticipating governmental entities, may by agreement provide for different reimbursement provisions.
(9) A governmental utility system that is a responding party is eligible for reimbursement and entitled to one hundred percent (100%) reimbursement of eligible costs after the state of emergency is declared. For purposes of a governmental utility system that is a responding party, the words "then-prevailing wages, including benefits and overtime" mean the present wage structure, including benefits and overtime, of the governmental
utility system that is a responding party. For purposes of this section, "governmental utility system" means a governmental entity that provides electric, gas, sewer, water, wastewater, telephone, cable or other like service, or any combination of these services, and is limited to these operations of the governmental entity and does not extend to other operations of function of the governmental entity.
(10) The preceding provisions of this section do not apply to aid or assistance provided at the request of the Mississippi Emergency Management Agency.
SECTION 10. Governmental entities that are parties to existing mutual aid agreements may by resolution of their governing bodies determine to continue to operate under those agreements until they expire or are terminated. If a governmental
entity does not affirm the continued existence of the agreement, it shall expire on July 1, 2012, and the provisions of this act apply. If the governmental entity affirms an agreement, the terms of the agreement and applicable authorizing law will continue to
govern activities under the agreement. Mutual aid agreements between Mississippi governmental entities and governmental entities in other states are not affected by this act and continue to be authorized and governed by the Interlocal Cooperation Act of 1974. Except for the continuation of existing agreements as provided in this section, any new agreements made after July 1, 2012, and aid or assistance provided at the request of Mississippi Emergency Management Agency, this act is the exclusive method for providing mutual aid and emergency assistance between governmental entities.
SECTION 11. Any governmental entity may provide aid or assistance in any area of the state to any state or federal agency upon request by the state or federal agency, and the governmental entity and its employees will be subject to the same protections and immunities they have under this act in furnishing aid or assistance to other governmental entities, in addition to any other authority provided by this act. The provisions of this section and any other portion of this act are in addition to and not in substitution for, and do not diminish, the authority provided in Sections 33-15-5 to 33-15-53 or any other provision of law that authorizes a local governmental entity to respond to a request for aid or assistance from the Mississippi Emergency Management Agency or any other state or federal agency. Nothing in this chapter shall be construed to require that employees of the responding party are to be considered employees of the state or any of its agencies for any purpose.
SECTION 12. When any other state provides that it will recognize and enforce the Mississippi laws governing the tort liability of Mississippi's governmental entities and their employees in any case brought in that state's courts against the governmental entity or its employees arising from aid or assistance provided by a Mississippi governmental entity in that state, Mississippi shall recognize and enforce that state's laws relative to the tort liability of its political subdivisions and their employees and agents in any case brought in a Mississippi court against the political subdivision or its employees and agents arising from aid or assistance provided by the political subdivision of that state in Mississippi.
SECTION 13. Section 33-15-17, Mississippi Code of 1972, is amended as follows:
33-15-17. (a) Each county and municipality, or counties and the municipalities therein acting jointly, or two (2) or more counties acting jointly, of this state are hereby authorized and directed to establish a local organization for emergency management in accordance with the state emergency management plan and program, if required and authorized so to do by such state emergency management plan. Each local organization for emergency management shall have a director who shall be appointed by the governing body of the political subdivision, or political subdivisions acting jointly, and who shall have direct responsibility for the organization, administration and operation of such local organization for emergency management, subject to the direction and control of such governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of the state emergency management plan. Each county shall develop an emergency management plan and program that is coordinated and consistent with the State Comprehensive Emergency Management Plan and program. Counties that are part of an interjurisdictional emergency management agreement entered into pursuant to this section shall cooperatively develop an emergency management plan and program that is coordinated and consistent with the state emergency management plan and program.
(b) In carrying out the provisions of this article each county and municipality, or the two (2) acting jointly, or two (2) or more counties acting jointly, where there is joint organization, in which any disaster as described in Section 33-15-5 occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each county and municipality is authorized to exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.
(c) Each county and each municipality, or two (2) or more counties acting jointly, shall have the power and authority:
(1) To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any enemy attack or man-made, technological or natural disasters; and to direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies;
(2) To appoint, employ, remove, or provide, with or without compensation, air raid wardens, rescue teams, auxiliary fire and police personnel, and other emergency management workers;
(3) To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government, and direction and control of emergency operation during an emergency;
(4) To donate public funds, supplies, labor and equipment to assist any governmental entity in a county or municipality in which a disaster as described in Section 33-15-5 occurs;
(5) Subject to the order of the Governor, or the chief executive of the political subdivision, to assign and make available for duty, the employees, property or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency management purposes either within or outside of the limits of the subdivision;
(6) Subject to the order of the chief executive of the county or municipality or the Governor to order the evacuation of any area subject to an impending or existing enemy attack or man-made, technological or natural disaster;
(7) Subject to the order of the chief executive of the county or municipality or the Governor, to control or restrict egress, ingress and movement within the disaster area to the degree necessary to facilitate the protection of life and property.
(8) To enter into mutual aid agreements in the manner authorized by House Bill No.____, 2012 Regular Session.
(d) A local emergency as defined in Section 33-15-5 may be proclaimed by the mayor or governing body of a municipality or the governing body of a county. In the event a local emergency is proclaimed by the mayor of a municipality, the governing body of such municipality shall review and approve or disapprove the need for continuing the local emergency at its first regular meeting following such proclamation or at a special meeting legally called for such review. Thereafter, the governing body shall review the need for continuing the local emergency at least every thirty (30) days until such local emergency is terminated, and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant. During a local emergency, the governing body of a political subdivision may promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread notice and publicity. The authorization granted by this section to impose a curfew shall not be construed as restricting in any manner the existing authority to impose a curfew pursuant to police power for any other lawful purpose.
The declaration of a local emergency by a governing authority entitles the responding party or parties to cost reimbursement as provided in Section 9 of House Bill No. , 2012 Regular Session. The requesting party is required to make this reimbursement to the responding party or parties.
SECTION 14. Section 33-15-14, Mississippi Code of 1972, is amended as follows:
33-15-14. (1) The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, with county and municipal governments and school boards and with private agencies that have a role in emergency management.
(2) In performing its duties under this article, the agency shall:
(a) Work with the Governor, or his representative, in preparing a State Comprehensive Emergency Management Plan of this state, which shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of the state, such local plans to be integrated into and coordinated with the emergency plan and program of this state. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The State Comprehensive Emergency Management Plan will be operations oriented and:
(i) Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities. This component must, at a minimum: ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; and establish policies and strategies for emergency medical evacuations.
(ii) Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private and nonprofit sectors. This component must, at a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of the state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel; provide for a postdisaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventory, power generation capability, information management and staffing; and set forth policy guidance for sheltering people with special needs.
(iii) Include a postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the State Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods.
(iv) Include additional provisions addressing aspects of preparedness, response and recovery, as determined necessary by the agency.
(v) Address the need for coordinated and expeditious deployment of state resources, including the Mississippi National Guard. In the case of an imminent major disaster, procedures should address predeployment of the Mississippi National Guard, and, in the case of an imminent catastrophic disaster, procedures should address predeployment of the Mississippi National Guard and the United States Armed Forces. This subparagraph (v) does not authorize the agency to call out and deploy the Mississippi National Guard, which authority and determination rests solely with the Governor.
(vi) Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions.
(vii) Establish guidelines and schedules for annual exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government.
(viii) 1. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities.
2. The agency shall prepare an interim postdisaster response and recovery component that substantially complies with the provisions of this paragraph (a). Each state agency assigned lead responsibility for an emergency support function by the State Comprehensive Emergency Management Plan shall also prepare a detailed operational plan needed to implement its responsibilities. The complete State Comprehensive Emergency Management Plan shall be submitted to the Governor no later than January 1, 1996, and on January 1 of every even-numbered year thereafter.
(b) Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the State Comprehensive Emergency Management Plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans.
(c) Assist political subdivisions in preparing and maintaining emergency management plans.
(d) Review periodically political subdivision emergency management plans for consistency with the State Comprehensive Emergency Management Plan and standards and requirements adopted under this section.
(e) Make recommendations to the Legislature, building code organizations and political subdivisions for zoning, building and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and other preparedness, prevention and mitigation measures designed to eliminate emergencies or reduce their impact.
(f) In accordance with the State Comprehensive Emergency Management Plan and program for emergency management, ascertain the requirements of the state and its political subdivisions for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services and resources within the state in accordance with this article.
(g) Anticipate trends and promote innovations that will enhance the emergency management system.
(h) Prepare and distribute to appropriate state and local officials catalogs of federal, state and private assistance programs.
(i) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs, and require all local civil defense directors or emergency management directors to complete such training as a condition to their authority to continue service in their emergency management positions.
(j) Review periodically emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the State Comprehensive Emergency Management Plan and program.
(k) Prepare, in advance whenever possible, such executive orders, proclamations and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters.
(l) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this article.
(m) Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program.
(n) Delegate, as necessary and appropriate, authority vested in it under this article and provide for the subdelegation of such authority.
(o) Require each county or municipality to designate an agent for working with the agency in the event of a natural disaster. The county or municipality may designate any person as agent who has completed training programs required of emergency management directors.
(p) Report biennially to the Governor and the President of the Senate, and the Speaker of the House of Representatives, no later than January 1 of every odd-numbered year, the status of the emergency management capabilities of the state and its political subdivisions.
(q) In accordance with Section 25-43-1 et seq., create, implement, administer, promulgate, amend and rescind rules, programs and plans needed to carry out the provisions of this article with due consideration for, and in cooperating with, the plans and programs of the federal government.
(r) Have the sole power and discretion to enter into, sign, execute and deliver long-term or multi-year leases of real and personal property with other state and federal agencies, except as otherwise provided in House Bill No._____, 2012 Regular Session.
(s) Do other things necessary, incidental or appropriate for the implementation of this article.
(t) In accordance with Section 33-15-15, create, implement, administer, promulgate, amend and rescind rules regarding the development of the Mississippi Disaster Reservist Program.
SECTION 15. This act shall take effect and be in force from and after July 1, 2012.