Purposes and limitations.

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(1) The purposes of this part 7 are to:

  1. Reduce vulnerability of people and communities of this state to damage, injury, andloss of life and property resulting from all-hazards, including natural catastrophes or catastrophes of human origin, civil disturbance, or hostile military or paramilitary action;

  2. Prepare for prompt and efficient search, rescue, recovery, care, and treatment of persons lost, entrapped, victimized, or threatened by disasters or emergencies;

  3. Provide a setting conducive to the rapid and orderly recovery, restoration, and rehabilitation of persons and property affected by disasters;

  4. Clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to, and recovery from disasters;

  5. Authorize and provide for cooperation in disaster prevention, preparedness, response,and recovery;

  6. Authorize and provide for coordination of activities relating to disaster prevention,preparedness, response, and recovery by agencies and officers of this state and similar statelocal, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;

  7. Provide a disaster and emergency management system embodying all aspects of predisaster and pre-emergency preparedness, prevention, mitigation, and post-disaster and postemergency response and recovery; and

  8. Assist in prevention of disasters caused or aggravated by inadequate planning forregulation of public and private facilities and land use.

(2) Nothing in this part 7 shall be construed to:

  1. Interfere with the course or conduct of a labor dispute; except that actions otherwiseauthorized by this part 7 or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;

  2. Interfere with dissemination of news or comment on public affairs; except that anycommunications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency;

  3. Affect the jurisdiction or responsibilities of police forces, fire-fighting forces, or units of the armed forces of the United States, or of any personnel thereof, when on active duty; except that state, local, and interjurisdictional disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; or

  4. Limit, modify, or abridge the authority of the governor to proclaim martial law orexercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provision of this part 7.

Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1070, § 10, effective July 1. L. 2018: (1)(a), (1)(c), and (1)(g) amended, (HB 18-1394), ch. 234, p. 1458, § 2, effective August 8.

Editor's note: This section is similar to former § 24-32-2102 as it existed prior to 2012.


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