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General authority of Governor - 35 Pa. Cons. Stat. § 7301

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                                CHAPTER 73
                          COMMONWEALTH SERVICES

     Subchapter
        A.  The Governor and Disaster Emergencies
        B.  Pennsylvania Emergency Management Agency

        Enactment.  Chapter 73 was added November 26, 1978, P.L.1332,
     No.323, effective immediately.

                               SUBCHAPTER A
                  THE GOVERNOR AND DISASTER EMERGENCIES

     Sec.
     7301.  General authority of Governor.
     7302.  Temporary housing.
     7303.  Debris and wreckage removal.
     7304.  Community disaster loans.
     7305.  Individual and family assistance.
     7305.1. Grants for hazard mitigation.
     7306.  Appropriation of Federal funds.
     (7307 repealed).
     7308.  Laws suspended during emergency assignments.
     § 7301.  General authority of Governor.
        (a)  Responsibility to meet disasters.--The Governor is
     responsible for meeting the dangers to this Commonwealth and
     people presented by disasters.
        (b)  Executive orders, proclamations and regulations.--Under
     this part, the Governor may issue, amend and rescind executive
     orders, proclamations and regulations which shall have the force
     and effect of law.
        (c)  Declaration of disaster emergency.--A disaster emergency
     shall be declared by executive order or proclamation of the
     Governor upon finding that a disaster has occurred or that the
     occurrence or the threat of a disaster is imminent. The state of
     disaster emergency shall continue until the Governor finds that
     the threat or danger has passed or the disaster has been dealt
     with to the extent that emergency conditions no longer exist and
     terminates the state of disaster emergency by executive order or
     proclamation, but no state of disaster emergency may continue
     for longer than 90 days unless renewed by the Governor. The
     General Assembly by concurrent resolution may terminate a state
     of disaster emergency at any time. Thereupon, the Governor shall
     issue an executive order or proclamation ending the state of
     disaster emergency. All executive orders or proclamations issued
     under this subsection shall indicate the nature of the disaster,
     the area or areas threatened and the conditions which have
     brought the disaster about or which make possible termination of
     the state of disaster emergency. 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, shall be promptly filed with the Pennsylvania
     Emergency Management Agency and the Legislative Reference Bureau
     for publication under Part II of Title 45 (relating to
     publication and effectiveness of Commonwealth documents).
        (d)  Activation of disaster response.--An executive order or
     proclamation of a state of disaster emergency shall activate the
     disaster response and recovery aspects of the Commonwealth and
     local disaster emergency plans applicable to the political
     subdivision or area in question and shall 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 part or any other provision of
     law relating to disaster emergencies.
        (e)  Commander in chief of military forces.--During the
     continuance of any state of disaster emergency, the Governor is
     commander in chief of the Pennsylvania military forces. To the
     greatest extent practicable, the Governor shall delegate or
     assign command authority by prior arrangement embodied in
     appropriate executive orders or regulations, but this does not
     restrict the authority of the Governor to do so by orders issued
     at the time of the disaster emergency.
        (f)  Additional powers.--In addition to any other powers
     conferred upon the Governor by law, the Governor may:
            (1)  Suspend the provisions of any regulatory statute
        prescribing the procedures for conduct of Commonwealth
        business, or the orders, rules or regulations of any
        Commonwealth agency, if strict compliance with the provisions
        of any statute, order, rule or regulation would in any way
        prevent, hinder or delay necessary action in coping with the
        emergency.
            (2)  Utilize all available resources of the Commonwealth
        Government and each political subdivision of this
        Commonwealth as reasonably necessary to cope with the
        disaster emergency.
            (3)  Transfer the direction, personnel or functions of
        Commonwealth agencies or units thereof for the purpose of
        performing or facilitating emergency services.
            (4)  Subject to any applicable requirements for
        compensation under section 7313(10) (relating to powers and
        duties), commandeer or utilize any private, public or quasi-
        public property if necessary to cope with the disaster
        emergency.
            (5)  Direct and compel the evacuation of all or part of
        the population from any stricken or threatened area within
        this Commonwealth if this action is necessary for the
        preservation of life or other disaster mitigation, response
        or recovery.
            (6)  Prescribe routes, modes of transportation and
        destinations in connection with evacuation.
            (7)  Control ingress and egress to and from a disaster
        area, the movement of persons within the area and the
        occupancy of premises therein.
            (8)  Suspend or limit the sale, dispensing or
        transportation of alcoholic beverages, firearms, explosives
        and combustibles.
     (July 13, 1988, P.L.501, No.87, eff. imd.)

        1988 Amendment.  Act 87 amended subsec. (f)(4).
        Cross References.  Section 7301 is referred to in section
     7705 of this title; section 2306 of Title 12 (Commerce and
     Trade); section 8704 of Title 53 (Municipalities Generally).

Last modified: November 27, 2007