(a) (1) A disaster emergency shall be declared by executive order or proclamation of the Governor if he or she finds a disaster has occurred or that the occurrence or the threat of disaster is imminent.
(2) When time is critical because of rapidly occurring disaster emergency events, the Governor may verbally declare for immediate response and recovery purposes until the formalities of a written executive order or proclamation can be completed in the prescribed manner.
(b) (1) The state of disaster emergency shall continue until:
(A) The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or
(B) The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin.
(2) No state of disaster emergency may continue for longer than sixty (60) days unless renewed by the Governor.
(c) (1) The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time.
(2) Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.
(d) (1) All executive orders or proclamations issued under this section shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency.
(2) In the case of a disaster, each provider of utility services whose services were interrupted shall prepare a report describing:
(A) The type of disaster emergency;
(B) The duration of the disaster emergency, which includes the time the utility personnel is dispensed to the work site and returns to the personnel's point of origin; and
(C) The personnel utilized in responding to the disaster emergency.
(e) An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, filed promptly with the Secretary of State.
(f) An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to disaster emergencies.
Section: Previous 12-75-102 12-75-103 12-75-104 12-75-106 12-75-107 12-75-108 12-75-109 12-75-110 12-75-111 12-75-112 12-75-113 12-75-114 12-75-115 12-75-116 NextLast modified: November 15, 2016