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Emergency Management | |
Disaster Response and Recovery Act | |
Section 301 | Local emergency -- Declarations. |
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63K-4-301. Local emergency -- Declarations. (1) (a) A local emergency may be declared by proclamation of the chief executive officer of a political subdivision. (b) A local emergency shall not be continued or renewed for a period in excess of 30 days except by or with the consent of the governing body of the political subdivision. (c) Any order or proclamation declaring, continuing, or terminating a local emergency shall be filed promptly with the office of the clerk of the affected political subdivision. (2) A declaration of a local emergency: (a) constitutes an official recognition that a disaster situation exists within the affected political subdivision; (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other cities, counties, or from the state or federal government; (c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and (d) authorizes the furnishing of aid and assistance in relation to the proclamation. (3) A local emergency proclamation issued under this section shall state: (a) the nature of the local emergency; (b) the area or areas that are affected or threatened; and (c) the conditions which caused the emergency. (4) The emergency declaration process within the state shall be as follows: (a) a city, town, or township shall declare to the county; (b) a county shall declare to the state; (c) the state shall declare to the federal government; and (d) a tribe, as defined in Section 23-13-12.5, shall declare as determined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq. (5) Nothing in this part affects: (a) the governor's authority to declare a state of emergency under Section 63K-4-203; or (b) the duties, requests, reimbursements, or other actions taken by a political subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2, Part 5, Statewide Mutual Aid Act.
Amended by Chapter 105, 2011 General Session |
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