26-304. State emergency council; membership;
powers and duties; definition


A. There is established a state emergency council consisting of the following
persons or their designee:


1. Governor.


2. Secretary of state.


3. Attorney general.


4. Adjutant general.


5. Director of the division of emergency management.


6. Director of the department of transportation.


7. Director of the department of health services.


8. Director of the department of environmental quality.


9. Director of the department of public safety.


10. Director of the department of agriculture.


11. Director of the department of administration.


12. Director of the department of water resources.


13. President of the senate as an advisory member.


14. Speaker of the house of representatives as an advisory member.


B. The powers and duties of the council include:


1. Making recommendations for orders, rules, policies and procedures to the
governor.


2. Recommending to the governor the assignment of any responsibility, service or
activity to a state agency relative to emergencies or planning for emergencies.


3. Issuing, in the event of inaccessibility of the governor, a state of emergency
proclamation under the same conditions by which the governor could issue such a
proclamation, if the action is taken at a meeting of the council called by the director
and if not less than three council members, one of whom is an elected official, approve
the action.


C. The council shall monitor each emergency declared by the governor and the
activities and response of the division to the emergency. The council shall recommend to
the governor or the legislature based on the reports submitted to it by the auditor that
the emergency conditions have stabilized and that the emergency is substantially
contained.


D. For the purposes of this section, "advisory member" means a member who gives
advice to the other members of the state emergency council at meetings of the council but
who is not eligible to vote, is not a member for purposes of determining whether a quorum
is present and is not eligible to receive any compensation or reimbursement of expenses
by the council.