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State of South
Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE
ASSEMBLY, 2002
|
400H0727 |
HOUSE BILL
NO.
1303
|
Introduced by:
The Committee on State Affairs at the request
of the Governor
|
FOR AN ACT ENTITLED, An Act
to
revise the
Governor's emergency powers in the event of a terrorist or bioterrorist attack.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE
OF SOUTH DAKOTA:
Section
1. That
§ 33-15-8
be amended
to read as follows:
33-15-8.
In the event of
disaster
, war,
act of terrorism as defined in state law,
or
emergency
that
is
beyond local government capability, the Governor:
(1)
May assume direct operational control over all or any part of the emergency
management functions within the state which may affect all or any portion
of the state;
(2)
May declare an emergency or disaster to exist in the stricken area and employ
emergency management to assist local authorities to affect relief and
restoration;
(3)
May call upon and use any facilities
and
,
equipment
, other
nonmedical supplies, and resources
available
from any source in order to carry out the purposes of this chapter by
contributing to the expense incurred in providing relief in such amounts
as he shall determine;
(4)
May suspend the provisions of any rules of any state agency, if strict compliance
with
the provisions of
such
the
rule
would in any way prevent, hinder
,
or
delay necessary action in managing a disaster
, war,
act of terrorism,
or
emergency, including fire, flood, earthquake, severe high and low temperatures,
tornado storm, wave action, oil spill, or other water or air contamination,
epidemic, blight, drought, infestation, explosion, riot, or hostile military
or paramilitary action, which is determined by the Governor to require state
or state and federal assistance or actions to supplement the recovery efforts
of local governments in alleviating the damage, loss, hardship, or suffering
caused thereby;
and
(5)
May control the ingress and egress in a designated disaster or emergency
area, the movement of vehicles upon highways within the area, the movement
of persons within the area, and the occupancy of premises within the area
;
(6) May procure, acquire, store,
distribute, and dispense any pharmaceutical agents or medical supplies located
within the state as may be reasonable and necessary to respond to the disaster,
emergency, or act of terrorism;
(7) May appoint and prescribe
the duties of such out-of-state health care providers as may be reasonable
and necessary to respond to the disaster, emergency, or act of terrorism;
(8) May provide for the examination
and safe disposal of any dead body as may be reasonable and necessary to
respond to the disaster, emergency, or act of terrorism;
(9) May provide for the protection,
construction or reconstruction, repair, and maintenance of public or private
transportation facilities; and
(10) May take any action or exercise
any power necessary to provide for the public safety, to the extent the action
or exercise of power is not barred by the Constitution or the laws of the
State of South Dakota
.