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This entry was published on 2021-03-12
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State declaration of disaster emergency
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 28. State declaration of disaster emergency. 1. Whenever the
governor, on his own initiative or pursuant to a request from one or
more chief executives, finds that a disaster has occurred or may be
imminent for which local governments are unable to respond adequately,
he shall declare a disaster emergency by executive order.

2. Upon declaration of a disaster arising from a radiological
accident, the governor or his designee, shall direct one or more chief
executives and emergency services organizations to:

(a) notify the public that an emergency exists; and

(b) take appropriate protective actions pursuant to the radiological
emergency preparedness plan approved pursuant to sections twenty-two and
twenty-three of this article. The governor, or his designee, shall also
have authority to direct that other actions be taken by such chief
executives pursuant to their authority under section twenty-four of this

3. The executive order shall include a description of the disaster,
and the affected area. Such order or orders shall remain in effect for a
period not to exceed six months or until rescinded by the governor,
whichever occurs first. The governor may issue additional orders to
extend the state disaster emergency for additional periods not to exceed
six months.

4. Whenever the governor shall find that a disaster is of such
severity and magnitude that effective response is beyond the
capabilities of the state and the affected jurisdictions, he shall make
an appropriate request for federal assistance available under federal
law, and may make available out of any funds provided under the
governmental emergency fund or such other funds as may be available,
sufficient funds to provide the required state share of grants made
under any federal program for meeting disaster related expenses
including those available to individuals and families.

5. The legislature may terminate at any time a state disaster
emergency issued under this section by concurrent resolution.