Title 38, Chapter 3, Section 51
( 38-3-51)
(a) In the event of actual or impending emergency or disaster of
natural or manmade origin, or impending or actual enemy attack,
within or affecting this state or against the United States, the
Governor may declare that a state of emergency or disaster exists.
The state of emergency or disaster shall continue until the Governor
finds that the threat or danger has passed or the emergency or
disaster has been dealt with, to the extent that emergency or
disaster conditions no longer exist, and terminates the state of
emergency or disaster. No state of emergency or disaster may
continue for longer than 30 days unless renewed by the Governor. The
General Assembly by concurrent resolution may terminate a state of
emergency or disaster at any time. Thereupon, the Governor shall by
appropriate action end the state of emergency or disaster. (b) A declaration of a state of emergency or disaster shall activate
the emergency and disaster response and recovery aspects of the
state and local emergency or disaster 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 Articles 1 through 3 of this chapter or
any other law relating to emergencies or disasters. (c) The Governor shall have and may exercise for such period as the
state of emergency or disaster exists or continues the following
additional emergency powers: (1) To enforce all laws, rules, and regulations relating to
emergency management and to assume direct operational control of
all civil forces and helpers in the state; (2) To seize, take for temporary use, or condemn property for the
protection of the public in accordance with condemnation
proceedings as provided by law; (3) To sell, lend, give, or distribute all or any such property
among the inhabitants of the state and to account to the proper
agency for any funds received for the property; and (4) To perform and exercise such other functions, powers, and
duties as may be deemed necessary to promote and secure the safety
and protection of the civilian population. (d) In addition to any other emergency powers conferred upon the
Governor by law, he may: (1) Suspend any regulatory statute prescribing the procedures for
conduct of state business, or the orders, rules, or regulations of
any state agency, if strict compliance with any statute, order,
rule, or regulation would in any way prevent, hinder, or delay
necessary action in coping with the emergency or disaster; (2) Utilize all available resources of the state government and of
each political subdivision of the state as reasonably necessary to
cope with the emergency or disaster; (3) Transfer the direction, personnel, or functions of state
departments and agencies or units thereof for the purpose of
performing or facilitating emergency services; (4) Commandeer or utilize any private property if he finds this
necessary to cope with the emergency or disaster; (5) Direct and compel the evacuation of all or part of the
population from any stricken or threatened area within the state
if he deems this action 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; and (9) Make provision for the availability and use of temporary
emergency housing. (e) When the available funds are not sufficient for the purpose of
paying the expenses incident to carrying out the provisions
authorized by Articles 1 through 3 of this chapter, the Governor may
transfer from any available fund in the state treasury such sum as
may be necessary to meet the emergency or disaster; and the moneys
so transferred shall be repaid to the fund from which transferred
when moneys become available for that purpose by legislative
appropriation or otherwise. (f) In the event that the Governor proclaims an emergency or
disaster, as defined by Articles 1 through 3 of this chapter, to be
a catastrophe within the meaning of Article III, Section IX,
Paragraph VI(b) of the Constitution of the state, the funds referred
to in the paragraph may be utilized by the Governor for the purpose
of carrying out the provisions authorized by Articles 1 through 3 of
this chapter. (g) In the event that the Governor proclaims an emergency or
disaster, as defined in Articles 1 through 3 of this chapter, the
Governor may provide welfare benefits to the citizens of this state
in the form of grants to meet disaster related necessary expenses or
serious needs of individuals or families adversely affected by an
emergency or disaster in those cases where the individuals or
families are unable to meet the expenses or needs from other means,
provided that such grants are authorized only when matching federal
funds are available for such purposes pursuant to the Disaster
Relief Act of 1974 (Pub. L. 93-288). (h) If the Governor declares a state of emergency solely because of
an energy emergency, he shall not have the authority to: (1) Seize, take for temporary use, or condemn property other than
energy resources as authorized by paragraph (2) of subsection (c)
of this Code section; (2) Sell, lend, give, or distribute property other than energy
resources as authorized by paragraph (3) of subsection (c) of this
Code section; or (3) Commandeer or utilize property other than energy resources as
authorized by paragraph (4) of subsection (d) of this Code
section. (i) Any individual, partnership, association, or corporation who
acts in accordance with an order, rule, or regulation entered by the
Governor pursuant to the authority granted by this Code section will
not be held liable to any other individual, partnership,
association, or corporation by reason thereof in any action seeking
legal or equitable relief. |