Title 63K Chapter 4 Section 203

Emergency Management
Disaster Response and Recovery Act
Section 203
State of emergency -- Declaration -- Termination -- Commander-in-chief of military forces.


63K-4-203.   State of emergency -- Declaration -- Termination -- Commander-in-chief of military forces.

            (1) A state of emergency may be declared by executive order of the governor if the governor finds a disaster has occurred or the occurrence or threat of a disaster is imminent in any area of the state in which state government assistance is required to supplement the response and recovery efforts of the affected political subdivision or political subdivisions.

            (2) A state of emergency shall continue until the governor finds the threat or danger has passed or the disaster reduced to the extent that emergency conditions no longer exist.

            (3) A state of emergency may not continue for longer than 30 days unless extended by joint resolution of the Legislature, which may also terminate a state of emergency by joint resolution at any time.

            (4) The governor shall issue an executive order ending the state of emergency on receipt of the Legislature's resolution.

            (5) An executive order described in this section shall state:

            (a) the nature of the state of emergency;

            (b) the area or areas threatened; and

            (c) the conditions creating such an emergency or those conditions allowing termination of the state of emergency.

            (6) During the continuance of any state of emergency the governor is commander-in-chief of the military forces of the state in accordance with Utah Constitution Article VII, Section 4, and Title 39, Chapter 1, State Militia.

Amended by Chapter 370, 2010 General Session