34-48A-5. [Effective until July 1, 2021] Authority of Governor in time of disaster, terrorist attack, or emergency--Limitations. .

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, evacuation, and restoration as deemed necessary to preserve life or other disaster or emergency mitigation, response, or recovery;

(3)    May call upon and use any facilities, equipment, other nonmedical supplies, and resources available from any source, other than personal or private funds, in order to carry out the purposes of this chapter by contributing to the expense incurred in providing relief in such amounts as the Governor shall determine, provided that nothing in this section may be construed to authorize the taking of firearms, as defined in § 22-1-2, without the consent of the owner;

(4)    May suspend any rule of a state agency, or the enforcement by a state agency of any statute that regulates, or that prescribes the promulgation of a rule to regulate, the procedures for the conduct of state business or the business of a local subdivision, if strict compliance with the provisions of the rule or statute 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, pandemic, 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;

(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, by executive order, suspend the provisions of any statute prescribing procedures for the conducting of local subdivision business, if strict compliance with the provisions of any statute would in any way prevent, hinder, or delay necessary action in coping with the emergency.

Nothing in this section may be construed to authorize the suspension of § 34-48A-5.1 or to authorize any activity prohibited under § 34-48A-5.1.

The powers granted to the Governor under this section shall remain in effect for a period of six months and may be restored for one or more successive six-month periods by declaration of the Governor that the conditions permitting such powers persist.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SL 1955, ch 236, § 3; SDC Supp 1960, § 41.01C05 (1); SL 1977, ch 271, § 4; SL 1989, ch 283, § 1; SL 2002, ch 162, §§ 1, 2; SL 2004, ch 223, § 1; SDCL § 33-15-8; SL 2020, ch 149, § 1, eff. Mar. 31, 2020.