29C.6 - PROCLAMATION OF DISASTER EMERGENCY BY GOVERNOR.
29C.6 PROCLAMATION OF DISASTER EMERGENCY BY
GOVERNOR.
In exercising the governor's powers and duties under this chapter
and to effect the policy and purpose, the governor may:
1. After finding a disaster exists or is threatened, proclaim a
state of disaster emergency. This proclamation shall be in writing,
indicate the area affected and the facts upon which it is based, be
signed by the governor, and be filed with the secretary of state. If
the state of disaster emergency specifically constitutes a public
health disaster as defined in section 135.140, the written
proclamation shall include a statement to that effect. A state of
disaster emergency shall continue for thirty days, unless sooner
terminated or extended in writing by the governor. The general
assembly may, by concurrent resolution, rescind this proclamation.
If the general assembly is not in session, the legislative council
may, by majority vote, rescind this proclamation. Recision shall be
effective upon filing of the concurrent resolution or resolution of
the legislative council with the secretary of state. A proclamation
of disaster emergency shall activate the disaster response and
recovery aspect 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 applies, and for use or distribution of any supplies,
equipment, and materials and facilities assembled, stockpiled, or
arranged to be made available.
2. When, at the request of the governor, the president of the
United States has declared a major disaster to exist in this state,
enter into purchase, lease, or other arrangements with any agency of
the United States for temporary housing units to be occupied by
disaster victims and to make such units available to any political
subdivision of the state, to assist any political subdivision of this
state which is the locus of temporary housing for disaster victims,
to acquire sites necessary for such temporary housing and to do all
things required to prepare such sites to receive and utilize
temporary housing units, by advancing or lending funds available to
the governor from any appropriation made by the legislature or from
any other source, allocating funds made available by any agency,
public or private, or becoming a copartner with the political
subdivision for the execution and performance of any temporary
housing for disaster victims project. Any political subdivision of
this state is expressly authorized to acquire, temporarily or
permanently, by purchase, lease, or otherwise, sites required for
installation of temporary housing units for disaster victims, and to
enter into whatever arrangements are necessary to prepare or equip
such sites to utilize the housing units. The governor may
temporarily suspend or modify, for not to exceed sixty days, any
public health, safety, zoning, transportation, or other requirement
of law or regulation within this state when by proclamation, the
governor deems such suspension or modification essential to provide
temporary housing for disaster victims.
3. When the president of the United States has declared a major
disaster to exist in the state and upon the governor's determination
that a local government of the state will suffer a substantial loss
of tax and other revenues from a major disaster and has demonstrated
a need for financial assistance to perform its governmental
functions, apply to the federal government, on behalf of the local
government for a loan, receive and disburse the proceeds of any
approved loan to any applicant local government, determine the amount
needed by any applicant local government to restore or resume its
governmental functions, and certify the same to the federal
government; however, no application amount shall exceed twenty-five
percent of the annual operating budget of the applicant for the
fiscal year in which the major disaster occurs. The governor may
recommend to the federal government, based upon the governor's
review, the cancellation of all or any part or repayment when, in the
first three full fiscal year period following the major disaster, the
revenues of the local government are insufficient to meet its
operating expenses, including additional disaster-related expenses of
a municipal operation character.
4. When a disaster emergency is proclaimed, notwithstanding any
other provision of law, through the use of state agencies or the use
of any of the political subdivisions of the state, clear or remove
from publicly or privately owned land or water, debris and wreckage
which may threaten public health or safety or public or private
property. The governor may accept funds from the federal government
and utilize such funds to make grants to any local government for the
purpose of removing debris or wreckage from publicly or privately
owned land or water. Authority shall not be exercised by the governor
unless the affected local government, corporation, organization or
individual shall first present an additional authorization for
removal of such debris or wreckage from public and private property
and, in the case of removal of debris or wreckage from private
property, such corporation, organization or individual shall first
agree to hold harmless the state or local government against any
claim arising from such removal. When the governor provides for
clearance of debris or wreckage, employees of the designated state
agencies or individuals appointed by the state may enter upon private
land or waters and perform any tasks necessary to the removal or
clearance operation. Any state employee or agent complying with
orders of the governor and performing duties pursuant to such orders
under this chapter shall be considered to be acting within the scope
of employment within the meaning specified in chapter 669.
5. When the president of the United States has declared a major
disaster to exist in the state and upon the governor's determination
that financial assistance is essential to meet disaster-related
necessary expenses or serious needs of individuals or families
adversely affected by a major disaster that cannot be otherwise
adequately met from other means of assistance, accept a grant by the
federal government to fund such financial assistance, subject to such
terms and conditions as may be imposed upon the grant and enter into
an agreement with the federal government pledging the state to
participate in the funding of the financial assistance authorized in
an amount not to exceed twenty-five percent thereof, and, if state
funds are not otherwise available to the governor, accept an advance
of the state share from the federal government to be repaid when the
state is able to do so.
6. Suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business, or the orders or rules,
of any state agency, if strict compliance with the provisions of any
statute, order or rule would in any way prevent, hinder, or delay
necessary action in coping with the emergency by stating in a
proclamation such reasons. Upon the request of a local governing
body, the governor may also suspend statutes limiting local
governments in their ability to provide services to aid disaster
victims.
7. On behalf of this state, enter into mutual aid arrangements
with other states and to coordinate mutual aid plans between
political subdivisions of this state.
8. Delegate any administrative authority vested in the governor
under this chapter and provide for the subdelegation of any such
authority.
9. Cooperate with the president of the United States and the
heads of the armed forces, the emergency management agencies of the
United States and other appropriate federal officers and agencies and
with the officers and agencies of other states in matters pertaining
to emergency management of the state and nation.
10. Utilize all available resources of the state government as
reasonably necessary to cope with the disaster emergency and of each
political subdivision of the state.
11. Transfer the direction, personnel, or functions of state
departments and agencies or units thereof for the purpose of
performing or facilitating emergency management.
12. Subject to any applicable requirements for compensation,
commandeer or utilize any private property if the governor finds this
necessary to cope with the disaster emergency.
13. Direct the evacuation of all or part of the population from
any stricken or threatened area within the state if the governor
deems this action necessary for the preservation of life or other
disaster mitigation, response, or recovery.
14. Prescribe routes, modes of transportation, and destinations
in connection with evacuation.
15. Control ingress and egress to and from a disaster area, the
movement of persons within the area, and the occupancy of premises in
such area.
16. Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives, and combustibles.
17. a. When the president of the United States has declared a
major disaster to exist in the state and upon the governor's
determination that financial assistance is essential to meet
disaster-related necessary expenses or serious needs of local and
state government adversely affected by a major disaster that cannot
be otherwise adequately met from other means of assistance, accept a
grant by the federal government to fund the financial assistance,
subject to terms and conditions imposed upon the grant, and enter
into an agreement with the federal government pledging the state to
participate in the funding of the financial assistance authorized to
local government and eligible private nonprofit agencies in an amount
not to exceed ten percent of the total eligible expenses, with the
applicant providing the balance of any participation amount. If
financial assistance is granted by the federal government for state
disaster-related expenses or serious needs, the state shall
participate in the funding of the financial assistance authorized in
an amount not to exceed twenty-five percent of the total eligible
expenses. If financial assistance is granted by the federal
government for hazard mitigation, the state may participate in the
funding of the financial assistance authorized to a local government
in an amount not to exceed ten percent of the eligible expenses, with
the applicant providing the balance of any participation amount. If
financial assistance is granted by the federal government for
state-related hazard mitigation, the state may participate in the
funding of the financial assistance authorized, not to exceed fifty
percent of the total eligible expenses. If state funds are not
otherwise available to the governor, an advance of the state share
may be accepted from the federal government to be repaid when the
state is able to do so.
b. State participation in funding financial assistance under
paragraph "a" is contingent upon the local government having on
file a state-approved, comprehensive, countywide emergency operations
plan which meets the standards adopted pursuant to section 29C.9,
subsection 8. Section History: Early Form
[C62, § 28A.3; C66, 71, 73, 75, § 29C.3; C77, 79, 81, § 29C.6; 81
Acts, ch 32, § 2] Section History: Recent Form
85 Acts, ch 53, § 1; 92 Acts, ch 1139, § 4; 99 Acts, ch 86, §3, 4;
2003 Acts, ch 33, §7, 11
Referred to in § 8D.9, 16.194, 16.196, 29C.8, 100D.13, 135.140,
135.144, 135M.1, 135M.3, 135M.4, 161A.75, 455B.262A, 613.17
Emergency care or assistance rendered during disasters, see
§613.17