1288A 95th Legislative Session 354
AMENDMENT 1288A FOR THE INTRODUCED BILL
Introduced by: Representative Duvall
An Act to review certain provisions regarding emergency management.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 34-48A-1 be AMENDED:
34-48A-1. Definitions.
Terms used in this chapter mean:
(1) "Secretary," the secretary of the Department of Public Safety;
(2) "Disaster," any
natural, nuclear, man-made,
war- related
war-related, or
other catastrophe producing phenomena in any part of the state which,
in the determination of the Governor, causes damage of sufficient
severity and magnitude to warrant all state assistance that is
reasonably available, above and beyond emergency resource
commitments;
(3) "Emergency," any
natural, nuclear, man-made,
war- related
war-related, or
other catastrophe producing phenomena in any part of the state which
in the determination of the Governor requires the commitment of less
than all available state resources to supplement local efforts of
political subdivisions of the state to save lives and to protect
property, public health, and safety or to avert or lessen the threat
of a disaster;
(4) "Emergency management," the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, fire, flood, snowstorm, windstorm, tornado, cyclone, drought, earthquake, or other natural causes and provide for the relief of distressed humans and livestock in areas where such conditions prevail whether affecting all or only a portion of the state. These functions include, without limitation, fire fighting services, police services, medical and health services, hazardous materials, search and rescue, engineering, warning, communications, radiological, chemical, and other special weapons of defense, evacuation of persons or livestock, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian or livestock protection, together with other activities necessary or incidental to the preparation for any carrying out of the foregoing functions including cooperation with the federal government, county and tribal governments, national relief organizations, public or private organizations, and persons;
(5) "Emergency management worker," any full or part- time paid, volunteer or auxiliary employee of this state, or other state, territory, possession, or the District of Columbia, of the federal government, or any neighboring county, or of any political subdivision thereof, or of any agency or organization, performing services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof;
(6) "Hazardous material,"
any material, including
but not limited to,
explosives, flammable liquids, flammable compressed gas, flammable
solids, oxidizing materials, poisons, corrosive materials, and
radiological materials, the loss of control or mishandling
of which
that could
cause personal injury or death to humans or damage to property or the
environment;
(7) "Local effort," the
expenditure for emergency or disaster purposes within the
twelve-month period preceding the date of the request,
of an amount equal to two mills of the assessed valuation, exclusive
of capital asset purchases, in each county for the assessment date
preceding the date of the request under an emergency or disaster
declaration by the Governor;
(8) "Local organization for emergency management," an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions;
(9) "Political subdivision," counties, townships, Indian tribes, and municipalities; and
(10) "Search and rescue," the preparation and carrying out of search for and rescue of persons.
Section 2. That § 34-48A-5 be AMENDED:
34-48A-5. Disaster, terrorist attack, or emergency--Authority of Governor.
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 that
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, equipment, other nonmedical supplies, and resources
available from any source, other than personal or private funds, in
order to carry out the purposes of this chapter by contributing to
the expense incurred in providing relief in such
amounts as
the Governor shall determine. However, nothing in this subdivision
may be construed to authorize the taking of firearms, as defined in
subdivision 22-1-2(16),
without the consent of the owner;
(4) May suspend the provisions of
any rules of any state agency, if strict compliance with the
provisions of 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, disorderly
conduct, protests,
or hostile military or paramilitary action, which
that
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;
(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; and
(9) May provide for the
protection, construction or reconstruction, repair, and maintenance
of public or private transportation
facilities.
The powers granted to the
Governor under this section shall remain in effect for a period of
six months and may be restored for one or more successive six-month
periods by declaration of the Governor that the conditions permitting
such these
powers persist.
Section 3. That § 34-48A-30 be AMENDED:
34-48A-30. State financial assistance--Local effort--Requirement.
In order to qualify for state
financial assistance to meet the costs of an emergency or disaster
declared by the Governor, a county shall meet the minimum standard of
local effort
as specified in subdivision 34-48A-1(7)
of an amount equal to fifteen percent of the total amount of all
general fund appropriations contained in the budget in such county
for the budgetary year of the emergency or disaster declaration by
the Governor. Amounts expended by cities, townships, an improvement
district as defined in § 7-25A-1, county road, ambulance,
rural fire protection, sanitary, irrigation, watershed, and water
project districts located within the county shall be considered
included within the local effort required by this section.
Section 4. That § 34-48A-32 be AMENDED:
34-48A-32. Additional operational costs.
In
those counties in which If
the Governor has officially declared an emergency or disaster
in a county and
in which
if local effort
requirements have been met, the state will
shall
provide
financial assistance for such additional operational costs needed for
the particular emergency or disaster situation up
to a maximum of sixty of
eighty-five percent
of additional local effort expenditures; provided, however, that the
Governor upon finding it necessary for the preservation of life and
property may authorize additional state financial assistance.
Section 5. That a NEW SECTION be added:
4-48A-32.1. State—Lending money.
The state may lend money to any county for emergency or disaster-related costs.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.