§ 30-15-9 - Governor's responsibilities relating to disaster emergencies.
SECTION 30-15-9
§ 30-15-9 Governor's responsibilitiesrelating to disaster emergencies. – (a) The governor shall be responsible for meeting the dangers to the state andpeople presented by disasters.
(b) A state of emergency shall be declared by executive orderor proclamation of the governor if he or she finds a disaster has occurred orthat this occurrence or the threat thereof is imminent. The state of disasteremergency shall continue until the governor finds that the threat or danger haspassed or the disaster has been dealt with to the extent that emergencyconditions no longer exist and terminates the state of disaster emergency byexecutive order or proclamation, but no state of disaster emergency maycontinue for longer than thirty (30) days unless renewed by the governor. Thegeneral assembly by concurrent resolution may terminate a state of disasteremergency at any time. Thereupon, the governor shall issue an executive orderor proclamation ending the state of disaster emergency and what actions arebeing taken to control the emergency and what action the public should take toprotect themselves. All executive orders or proclamations issued under thissubsection shall indicate the nature of the disaster, the area or areasthreatened, and the conditions which have brought it about or which makepossible termination of the state of disaster emergency. An executive order orproclamation shall be disseminated promptly by means calculated to bring itscontents to the attention of the general public and, unless the circumstancesattendant upon the disaster prevent or impede, promptly filed with the agency,the secretary of state, and the city and town clerks in the area to which itapplies.
(c) An executive order or proclamation of a state of disasteremergency shall activate the state and local disaster emergency plansapplicable to the political subdivision or area in question and shall beauthority for the deployment and use of any forces to which the plan or plansapply and for the use or distribution of any supplies, equipment, and materialsand facilities assembled, stockpiled, or arranged to be made available pursuantto this chapter or any other provision of law relating to disaster emergencies.
(d) During the continuance of any state of disaster emergencythe governor is commander-in-chief of the organized and unorganized militia andof all other forces available for emergency duty. To the greatest extentpracticable, the governor shall delegate or assign command authority by priorarrangement embodied in appropriate executive orders or regulations, butnothing herein restricts the governor's authority to do so by orders issued atthe time of the disaster emergency.
(e) In addition to any other powers conferred upon thegovernor by law, the governor may exercise the following powers, limited inscope and duration as is reasonably necessary for emergency response:
(1) Suspend the provisions of any regulatory statuteprescribing the procedures for conduct of state business, or the orders, rules,or regulations of any state agency, if strict compliance with the provisions ofany statute, order, rule, or regulation would in any way prevent, hinder, ordelay necessary action in coping with the emergency, provided that thesuspension of any statute, order, rule or regulation will be limited induration and scope to the emergency action requiring said suspension;
(2) Utilize all available resources of the state governmentas reasonably necessary to cope with the disaster emergency and of eachpolitical subdivision of the state;
(3) Transfer the direction, personnel, or functions of statedepartments and agencies or units thereof for the purpose of performing orfacilitating emergency services;
(4) Subject to any applicable requirements for compensationunder § 30-15-11, commandeer or utilize any private property if thegovernor finds this necessary to cope with the disaster emergency;
(5) Direct and compel the evacuation of all or part of thepopulation from any stricken or threatened area within the state if thegovernor deems this action necessary for the preservation of life or otherdisaster mitigation, response, or recovery;
(6) Prescribe routes, modes of transportation, anddestinations in connection with evacuation;
(7) Control ingress and egress to and from a high risk area,the movement of persons within the area, and the occupancy of premises therein;
(8) Suspend or limit the sale, dispensing, or transportationof alcoholic beverages, firearms, explosives, and combustibles;
(9) Make provision for the availability and use of temporaryemergency shelter;
(10) Make and promulgate such rules and regulations as thegovernor may deem advisable for the assigning, detailing, and making availablefor duty and use in any city or town of this state any of the personnel,apparatus, or equipment of any police or fire department of any other city ortown, or of any volunteer fire company, or of any fire district, and thatpersonnel shall have the same powers, duties, rights, privileges, andimmunities as if performing their duties in the city or town in which theynormally would be employed, but the personnel shall obey the orders of thepolice and fire authorities of the city or town to which assigned, detailed, ormade available. When assigned, detailed, or made available as aforesaid, thecity or town in which the police or firemen shall perform outside duties shallprovide them with subsistence or pay them a reasonable allowance therefor, andshall also be liable for any damage to the apparatus or equipment incurredwhile being so used; provided, however, that a city or town shall be reimbursedby the state out of the general fund of the state for all expenses incurredunder the foregoing provisions of this subsection;
(11) Designate as a special emergency health and sanitationarea, any area within the state which has been seriously damaged by disaster,or in which the existence of any military, naval, or air establishment of theUnited States of America or of any industrial establishment constructed orenlarged for purposes of national defense, has caused an increase in thepopulation of that area to such an extent as to produce unusual problems ofhealth and sanitation. It is the duty of state health authorities and the localcode enforcement officials to make and enforce rules and regulations designedto prevent the introduction of any contagious or infectious disease and tosafeguard the public health within the area. The governor may promulgate andenforce additional rules and regulations for the protection of the publichealth within areas as may be necessary;
(12) Whenever, in the governor's opinion, due to a disasterthere is liable to be a serious shortage in the supply of food, fuel, clothing,antitoxins, serums, immunizing agents or any other pharmaceutical agents ormedical supplies, or any other necessity of life or defense, and the federalauthorities are not adequately dealing with the situation, promulgate suchrules and regulations as he or she from time to time deems necessary toregulate the sale, purchase, or distribution of those necessities and toprohibit and prevent the wasting, secreting, hiding, or hoarding of orprofiteering from those necessities; additionally, during a declared time ofstate or national emergency no person, firm, or corporation shall increase theprice of any item it sells or offers for sale at retail immediately prior tothe proclamation of emergency or during the proclaimed state of emergency.Nothing in this section shall prohibit the fluctuation in the price of itemssold at retail that occurs during the normal course of business. Any person,firm or corporation who violates any provision of this subsection shall befined not more than one hundred dollars ($100);
(13) Do all other things necessary to effectively cope withdisasters in the state not inconsistent with other provisions of law;
(14) Adopt and enforce measures to provide for the safedisposal of infectious waste as may be reasonable and necessary for emergencyresponse due to a state disaster emergency. Such measures may include, but arenot limited to, the collection, storage, handling, destruction, treatment,transportation, and disposal of infectious waste;
(15) Adopt and enforce measures to provide for the safedisposal of corpses as may be reasonable and necessary for emergency responsedue to a state disaster emergency. Such measures may include, but are notlimited to, the embalming, burial, cremation, interment, disinterment,transportation, and disposal of corpses; and
(16) Compel a person to submit to a physical examinationand/or testing as necessary to diagnose or treat the person. The medicalexamination and/or testing may be performed by any qualified person authorizedby the department of health and must not be reasonably likely to result inserious harm to the affected individual. The medical examination and/or testingshall be performed immediately upon the order of the department of healthwithout resort to judicial or quasi-judicial authority. If the department ofhealth is uncertain whether a person who refuses to undergo medical examinationand/or testing may have been exposed to an infectious disease or otherwiseposes a danger to public health, the department of health may subject theindividual to isolation or quarantine, pursuant to § 23-8-4.