FOR AN ACT ENTITLED, An Act to  revise the Governor's emergency powers in the event of a terrorist or bioterrorist attack.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 33-15-8 be amended to read as follows:
     33-15-8.   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 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 and , equipment , other nonmedical supplies, and resources available from any source in order to carry out the purposes of this chapter by contributing to the expense incurred in providing relief in such amounts as he shall determine;

             (4)      May suspend the provisions of any rules of any state agency, if strict compliance with

the provisions of such 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, or hostile military or paramilitary action, which 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; and

             (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;

             (9)    May provide for the protection, construction or reconstruction, repair, and maintenance of public or private transportation facilities; and

             (10)    May take any action or exercise any power necessary to provide for the public safety, to the extent the action or exercise of power is not barred by the Constitution or the laws of the State of South Dakota .