Chapter 7 Title 2 of the Columbia Code as amended

# Chapter 7

Columbia Disaster and Emergency Services Act

# Section 1 Title

This Act shall be cited as the Columbia Disaster and Emergency Services
Act.

# Section 2 Purpose

1\) The State of Columbia has long recognized its responsibility to
mitigate the effects of natural, manmade, or war-related emergencies
which result in conditions of disaster or peril to life, property and
the resources of the State. The State further recognizes its
responsibility to ensure that appropriate preparations are made within
the State to deal adequately with such emergencies and disasters.

2\) It is, therefore, necessary to declare and enact the authority as
follows:

a\) To confer upon the Governor and upon the chief executives and
governing bodies of the political subdivisions of Columbia the emergency
powers provided herein, and to provide for State assistance in the
organization and maintenance of the emergency programs of such political
subdivisions;

b\) To provide for a State agency to be known and referred to as the
Division of Disaster and Emergency Services, which will operate within
the Governor's office, and to prescribe the powers and duties of the
director of that office;

c\) To provide for the assignment of functions to State agencies to be
performed during a disaster emergency and for the coordination and
direction of the emergency actions of such agencies;

d\) To provide for the rendering of mutual aid by State government
departments and agencies and by the political subdivisions of the State
in carrying out the purposes of this Act;

e\) To authorize the establishment of such organizations and the taking
of such actions as are necessary and appropriate to carry out the
provisions of this Act;

f\) To reduce the vulnerability of the people and communities of the
State to damage, injury, and loss of life and property resulting from
natural or man-made catastrophes, riots, terrorism or hostile military
or paramilitary action;

g\) To prepare for prompt and efficient rescue, care, and treatment of
persons victimized or threatened by disaster emergency;

h\) To provide conditions conducive to the rapid and orderly restoration
and rehabilitation of persons and property affected by disasters
emergencies;

i\) To clarify and strengthen the roles of the Governor, State agencies
and departments and local governments in the prevention of, preparation
for, response to, and recovery from disaster emergencies.;

j\) To authorize and provide for cooperation in disaster prevention,
preparedness, response and recovery;

k\) To authorize and provide for coordination of activities relating to
disaster prevention, preparedness, response and recovery by agencies,
departments and officers of the State and similar state-local,
interstate, federal-state and foreign activities in which the State and
its political subdivisions may participate;

l\) To provide a disaster management system embodying all aspects of
pre-disaster preparedness and disaster response and post disaster
recovery;

m\) To assist in prevention of disasters which might be caused or
aggravated by inadequate planning for and regulation of public and
private facilities and land use;

n\) To supplement, without in any way limiting, the authority conferred
by previous statutes and increase the capability of the State and local
agencies which have responsibilities for emergency management;

3\) It is further declared to be the purpose of this Act and the policy
of the State that all State emergency services functions be coordinated
as far as possible with the appropriate, comparable agencies and
departments of the State's political subdivisions well as the various
departments and agencies of the federal government, and other states and
private agencies so that the most effective use may be made of all
personnel, resources and facilities for dealing with any disaster or
emergency.

# Section 3 Limitations

Nothing in this Act shall be construed to:

1\) Interfere with any actions authorized by other laws, but all actions
authorized by this Act may be taken when necessary to forestall or
mitigate imminent danger to the public health or safety.

2\) Interfere with the dissemination of news or commentary, but any
communications facility or organization (including but not limited to
radio, television, wire services and newspapers) may be required to
transmit or print public service messages, furnishing information or
instructions in connection with a disaster or emergency; and such
actions may be taken during an emergency or disaster to restrict the
intrusion of media representatives in disaster-affected areas for the
purpose of preserving life and property.

3\) Affect the jurisdiction or responsibilities of police forces, fire
fighting forces, units of the armed forces of the United States, or of
any personnel thereof, when on active duty, but State, local and
interjurisdictional disaster or emergency plans shall place reliance
upon all forces available for performance of appropriate functions
related to disasters and emergencies.

4\) Limit, modify, or abridge the authority of the Governor to proclaim
martial law or exercise any other powers vested in him or her under the
constitution, statutes or common law of this State, independent of, or
in conjunction with, any provisions of this Act.

# Section 4 Definitions

1\) Unless the provision or context otherwise requires, the definitions
contained in this section govern the construction of the terms used in
this Act.

2a) "Disaster" means occurrence or imminent threat of widespread or
severe damage, injury, or loss of life or property resulting from any
natural or man-made cause, including, but not limited to, fire, flood,
earthquake, wind, storm, wave action, oil spill or other water
contamination which requires emergency action to avert danger or damage,
volcanic activity, epidemic, air contamination, blight, drought,
infestation, energy shortage, explosion, riot, terrorism, or hostile
military or paramilitary action.

2b) "Local disaster" means the duly proclaimed existence of conditions
of disaster or extreme peril to the safety of persons and property
within the territorial limits of a political subdivisions caused by any
of the conditions enumerated in Paragraph (2a), supra, which are or are
likely to be beyond the control of services, personnel, equipment and
facilities or that political subdivision; or with respect to regulated
energy utilities, a sudden and severe energy shortage requires
extraordinary measures beyond the authority vested in the Columbia
Public Utilities Commission.

2c) "State of war emergency" means the condition which exists
immediately, with or without a proclamation thereof by the Governor,
whenever this State or nation is attacked by an enemy of the United
States, or upon receipt by the State of a warning from the federal
government indicating that such an enemy attack is probable or imminent.

2d) "State disaster" means the duly proclaimed existence of conditions
of disaster or extreme peril to the safety of persons and property
within the State caused by such conditions as are enumerated in
Paragraph 2a) supra or other conditions, causing a state of emergency,
which conditions by reason of their magnitude, are or are likely to be
beyond the control of the services, personnel equipment, and facilities
of any single local jurisdiction, and require the combined forces of a
mutual aid region or regions to combat.

3\) "Political subdivision" means any county, city, town, village,
township, district or other unit of local government authorized by law.

4\) "Governor" means the chief executive of the State of Columbia or the
person upon whom the powers and duties of the office of Governor have
devolved pursuant to the Columbia Constitution.

5\) "State agency" means any department, division, commission,
independent establishment or branch of the executive branch of the State
government.

6\) "Governing body" means the Board of County Commissioners, County
Executive and County Council, Boards of trustees, alderman or directors
or other administrative managing entity of a political subdivision.

7\) "Chief Executive" means that person authorized by law to act in an
administrative and executive capacity for the governing body of a
political subdivision..

8\) "Public facility" means any facility of the State or a political
subdivisions, which is owned, operated or maintained by any combination
thereof, through money derived by taxation or assessment.

9\) "Sudden and severe energy shortage" means a rapid, unforeseen
shortage of energy, resulting from, but not limited to, events such as
an embargo, sabotage, or natural disaster, and which has statewide,
regional or local impact.

10\) "A mutual aid region" is a subdivision of the state emergency
services organization established to facilitate the coordination of
mutual aid and other emergency operations within an area of the State
consisting of two or more county operational areas.

11\) "Master Mutual Aid Agreement" means the Columbia Disaster Master
Mutual Aid Agreement, made and entered into by and between the State of
Columbia, its various departments and agencies, and the various
political subdivisions of the State to facilitate implementation of the
purposes of this Act.

12\) An "operational area" is a level of the State emergency services
organization, consisting of a county and all political subdivisions
within that county.

13\) "Emergency plans" means those official and approved documents which
describe the principles, policies, procedures, activities and methods to
be followed in carrying out emergency operations or rendering mutual aid
during emergencies and disasters. These plans include such matters as
continuity of government, the emergency services of governmental
agencies, mobilization of resources, mutual aid and public information.

14\) "State emergency plan" means the State of Columbia Emergency Plan
as approved by the Governor.

**Section 5 Powers of the Governor**

1\) The Governor is responsible for responding appropriately to the
dangers to the State and its people presented by disasters.

2\) The Governor shall have the powers granted by this act which powers
shall be in addition to any other powers granted to him by law.

3\) The Governor may issue, amend and rescind executive orders,
proclamations, and regulations, which shall have the force and effect of
law, to carry out the provisions of this Act, but in so doing he should
give due consideration to the plans and actions of the federal
government.

4\) The Governor is empowered to expend any appropriation for support of
the Columbia

Disaster and Emergency Services Act to carry out the provisions of this
Act.

5\) The Governor is authorized to establish a Disaster Emergency Council
to advise him on matters relating to disasters.

6\) A disaster emergency shall be declared by executive order or
proclamation of the Governor if he finds a disaster has occurred or that
this occurrence or the threat thereof is imminent. The state of disaster
emergency shall continue until the Governor finds that the threat or
danger has passed or the disaster has been dealt with to the extent that
emergency conditions no longer exist and terminates the state of
disaster emergency by executive order or proclamation. All executive
orders or proclamations issued under this subsection shall indicate the
nature of the disaster, the area or areas affected or threatened, and
the conditions which have brought it about or which justify the state of
disaster emergency. An executive order or proclamation shall be
disseminated promptly by the best means for bringing its contents to the
attention of the general public and, unless the circumstances attendant
upon the disaster prevent or impede doing so, the executive order or
proclamation shall be promptly filed with the state office of Disaster
and Emergency Services, the Columbia State Archives and the local
records-keeping agency in the area or areas to which it applies.

7\) An executive order or proclamation of a state of disaster emergency
shall activate the disaster response and recovery aspects of the State,
local and interjurisdictional disaster emergency plans applicable to the
political subdivision or area in question and shall be authority for the
deployment and use of any forces to which the plan or plans apply and
for the use or distribution of any supplies, equipment, and materials
and facilities assembled, stockpiled to be made available pursuant to
this Act or any other provisions of law relating to disaster
emergencies.

8\) During the continuance of any state of disaster emergency, the
Governor is commander-in-chief of the National Guard and of all other
forces available for emergency duty. To the greatest extent practicable,
the Governor shall delegate or assign command authority by prior
arrangement in appropriate executive orders or regulations, but nothing
herein is intended to restrict his authority to do so by orders issued
at the time of the disaster emergency.

9\) In addition to any other powers conferred upon the Governor by law,
he may:

a\) Suspend the provision of any regulatory statute prescribing the
procedures for conduct of State business, or the orders, rules or
regulations of any State agency if strict compliance with the provisions
of said statute, order, rule or regulations would in any way prevent,
hinder, or delay necessary action in coping with the emergency.

b\) Utilize all available resources of the State government and of each
political subdivision of the State as is reasonably necessary to cope
with the disaster emergency.

c\) Transfer the direction, personnel or functions of State departments
and agencies or units thereof for the purpose of performing or
facilitating emergency services.

d\) Subject to any applicable requirements for compensation required by
law, commandeer or utilize any private property if it is necessary for
coping with the disaster emergency.

e\) Direct and compel the evacuation of all or part of the population
from any stricken or threatened area within the State if it is deemed
necessary for the preservation of life or for disaster mitigation,
response or recovery.

f\) Prescribe routes, modes of transportation and destinations in
connection with an evacuation.

g\) Control ingress and egress to and from a disaster area, the movement
of persons within the area and the occupancy of premises therein.

h\) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives and combustibles.

i\) Make provisions for the availability and use of temporary emergency
housing.

# Section 6 State Division of Disaster and Emergency Services

1\) A Division of Disaster and Emergency Services is hereby established
in the office of the Governor. The Division shall have a director
appointed by the Governor with the consent of the State Senate and shall
serve at the pleasure of the Governor. The Division shall have a
planning officer and such other professional, technical, secretarial and
clerical employees as is necessary for the performance of its functions.
The Division Director shall have all the rights and powers of a
department head as provided by the Columbia Government Code.

2\) The Division of Disaster and Emergency Services shall prepare and
maintain a State disaster plan and keep it current. This plan may
include:

a\) Prevention and minimization of injury and damage caused by disaster.

b\) Prompt and effective response to disasters.

c\) Emergency relief.

d\) Conducting a hazard vulnerability analysis, identifying areas which
are particularly vulnerable to disasters and identify those disasters to
which the State is most susceptible.

e\) Recommending zoning, building, flood plain and other land-use
controls, safety measures for securing mobile homes or for non permanent
or semipermanent structures, and other preventive and preparedness
measures designed to eliminate or reduce disasters or their impact.

f\) Assistance to local officials in designing local emergency action
plans.

g\) Authorization and procedures for the erection or other construction
of temporary works designed to protect against or mitigate danger,
damage, or loss from flood, conflagration or other disaster.

h\) Preparation and distribution to the appropriate State and local
officials of catalogues of federal, State and private assistance
programs.

i\) Organization of manpower and chains of command.

j\) Coordination of federal, State and local disaster activities.

k\) Coordination of the State disaster plan with the disaster plans of
the federal government and the State's political subdivisions.

l\) Other activities which might be necessary and appropriate.

3\) The Division shall take an integral part in the development and
revision of local and interjurisdictional disaster plans prepared under
provisions of this Act. To this end, it shall employ or otherwise secure
the services of professional and technical personnel or consultants who
are capable of providing expert assistance to political subdivisions,
their emergency agencies, and interjurisdictional planning and emergency
agencies. These personnel or consultants shall work with subdivisions
and agencies on a regularly scheduled basis and shall make field
examinations or the areas, circumstances and conditions to which
particular local and interjurisdictional disaster preparedness plans are
intended to apply and may suggest revisions.

4\) In preparing and revising the State disaster preparedness plan, the
Division shall seek the advice and assistance of local subdivisions'
elected and appointed officials, as well as business, labor, industry,
agricultural, civic, volunteer and community organizations. In advising
local and interjurisdictional agencies, the Division shall encourage
them also to seek advice from these representative sources.

5\) Subject to statutory authority, the State disaster preparedness plan
or any part thereof may be incorporated in regulations of the Division
which shall have the force and effect of law.

6\) The Division shall:

a\) Determine the requirements of the State and its political
subdivisions for food, clothing, and other necessities in the event of
an emergency.

b\) Procure and pre-position supplies medicines, materials and equipment
which might be required in the emergency.

c\) Promulgate standards and requirements for local and
interjurisdictional disaster preparedness plans.

d\) Periodically review local and interjurisdictional disaster
preparedness plans and make recommendations for revision where
appropriate.

e\) Provide for mobile support units.

f\) Establish and operate or assist political subdivisions, their
disaster agencies and interjurisdicitonal disaster agencies to establish
and operate training programs, including practice exercises, and
programs of public information and education.

g\) Conduct surveys of industries, resources, and facilities within the
State both public and private, as are necessary to carry out the
purposes of this Act.

h\) Plan and make arrangements for the availability and use of any
private facilities, services and property and if, in fact, used provide
for payment for such use under terms and conditions agreed upon or
according to existing law.

i\) Establish a register of persons with types of specialized training
and skills which might be useful in emergency prevention, preparedness,
response and recovery.

j\) Establish a register of mobile and construction equipment and
temporary housing for possible use in a disaster emergency.

k\) Prepare, for issuance by the governor, executive orders,
proclamations and regulations which are necessary and appropriate for
implementation of this Act.

l\) Cooperate with the federal government and any public or private
agency or entity in achieving the purposes of this Act and in
implementing programs for disaster prevention, preparation, response and
recovery.

m\) Engage in other activities which are necessary and appropriate for
the implementation of this Act.

7\) The Governor may assign all or part of his powers and duties under
this Act to the Director of the Division of Disaster and Emergency
Services.

8\) During a state of emergency, the Division Director shall coordinate
the emergency activities of all State agencies in connection with such
emergency and every State agency and officer shall cooperate with the
Division Director in rendering all possible assistance in carrying out
the provisions of this Act.

# Section 7 Financing

1\) It is the intent of the Legislature and declared to be the policy of
the State that funds to meet disaster emergencies shall always be
available.

2\) A Disaster Contingency Fund is hereby established which shall
receive monies appropriated therefor by the Legislature and these monies
shall not be expended for any purpose other than to cope with a disaster
emergency.

3\) It is the legislative intent that the first recourse shall be to
funds which are regularly appropriated for State and local agencies. If
the Governor finds that the demands for funds in coping with a
particular disaster emergency exhaust or unreasonably reduce these
appropriated funds, the Governor may make funds available from the
Disaster Contingency Fund. If monies available from this fund are
inadequate, and if the Governor finds that other sources of money to
cope with the disaster are not available or are insufficient, the
Governor may transfer and expend monies appropriated for other purposes
or borrow for a term not to exceed two (2) years from the United States
Government or any other private or public source.

4\) Nothing contained in this section shall be construed to limit the
Governor's authority to apply for, receive, administer, and expend
grants, gifts, or payments in aid of disaster prevention, preparedness,
response or recovery.

**Section 8 Disaster Agencies and Services**

1\) Each political subdivision within this State shall be within the
jurisdiction of, and be served by, the Columbia Division of Disaster and
Emergency Services and by a local or interjurisdicitonal agency
responsible for disaster prevention, preparedness, response and
recovery.

2\) Each county and city within the State of Colombia shall maintain a
disaster agency or participate in a local or interjurisditional disaster
agency.

3\) Notwithstanding any provision of this Act or other law to the
contrary, the Governor may require a political subdivision to establish
and maintain a disaster agency jointly with one or more contiguous
political subdivisions if he finds that the establishment and
maintenance of such an agency or participation therein is made necessary
by circumstances or conditions that make it unusually difficult to
provide for disaster prevention, preparedness response and recovery
under the provisions of this Act.

4\) The mayor, County Executive, chairperson of a board of supervisors,
commissioners or aldermen or other principal executive officer of each
political subdivision in the State shall notify the Division of Disaster
and Emergency Services regarding the manner in which the particular
political subdivision is providing or securing disaster planning and
emergency services, identify the person who heads the agency from which
the service is obtained and furnish additional information relating
thereto as the Division requires.

5\) It is mandated by this Act that each local and interjurisdictional
agency shall prepare and keep current a local or interjurisdicitonal
disaster emergency plan for its area.

6\) The Governor may enter into a compact or compacts with other states
if he finds that joint action with other state or states is desirable in
meeting common intergovernmental problems of emergency disaster
planning, prevention, preparedness, response and recovery.

# Section 9 Local Disaster Emergencies

1\) A local disaster emergency may be declared only by the principal
executive officer of a political subdivision or the executive head of a
multijurisdictional entity created among or between political
subdivisions pursuant to the authority granted by this Act.

2\) A locally declared disaster emergency shall not be continued or
renewed for a period in excess of seven (7) days except by or with the
consent of the governing board of the political subdivision or joint
multijurisdictional entity. Any order or proclamation declaring,
continuing or terminating a local disaster emergency shall be given
prompt and general publicity and shall be filed promptly with the
principal records-keeping agency.

3\) The effect of a declaration of a local disaster emergency is to
activate the response and recovery aspects of any and all applicable
local or interjurisdictional disaster emergency plans and to authorize
the furnishing and receiving of aid and assistance thereunder.

4\) An interjurisdicitonal agency or official thereof may declare a
local disaster and provide aid and services in accordance with the
authority pursuant to which it functions.

# Section 10 Disaster Prevention

1\) In addition to disaster prevention measures as included in the
State, local and interjurisdicitonal disaster plans, the Governor shall
consider on a continuing basis steps that could be taken to mitigate,
prevent or reduce the harmful consequences of disasters. At the
Governor's direction, and pursuant to any other authority and competence
they have, State agencies including, but not limited to, those charged
with responsibilities in connection with flood plain management, stream
encroachment and flow regulation, weather modification, fire prevention
and control, air quality, public works, land use and land use planning
and construction standards, shall make studies of disaster
prevention-related matters. The Governor from time to time shall make
recommendations to the Legislature, local governments,
multijurisdictional entities and other appropriate public and private
entities as may facilitate measures for mitigation, prevention or
reduction of the harmful consequences of disasters.

2\) The appropriate State agency, in cooperation with the Division of
Disasters and Emergency Services, shall continually study land uses and
construction of structures and other facilities to identify areas which
are particularly vulnerable to severe land shifting, subsidence, flood
or other catastrophic occurrences. The studies under this subsection
shall concentrate on means for reducing or avoiding the dangers caused
by the occurrence or the consequences of these events.

# Section 11 Compensation

1\) No personal services may be compensated by the State or any
subdivision or agency thereof except pursuant to statute, or local law
or ordinance.

2\) If the property was commandeered or otherwise used in coping with a
disaster emergency and its use or destruction was ordered by an
authorized individual or agency, appropriate compensation shall be paid.

3\) Any person claiming compensation for the use, damage, loss or
destruction of property under this Act shall file a claim therefor with
the appropriate agency and in the form and manner prescribed.

4\) Unless the amount of compensation for property damaged, lost, or
destroyed is agreed to between the claimant and the appropriate state
agency, the amount of compensation shall be calculated in the same
manner as compensation due for a taking of property pursuant to the
condemnation laws of the State.

# Section 12 Mutual Aid

1\) It is the purpose of the Columbia Legislature in enacting this Act
to facilitate the rendering of aid to areas stricken by an emergency.

2\) Nothing in this Act should be construed as discouraging political
subdivisions from entering into mutual aid agreements with each other.
However, emergency plans duly adopted and approved by the Governor shall
have the effect of satisfying the requirements for mutual aid operations
provided for in the Master Mutual Aid Agreement, notwithstanding the
absence of a formal mutual aid agreement.

3\) During any state of emergency when the need arises for outside aid
in any political subdivision such aid shall be rendered in accordance
with approved emergency plans. It shall be the duty of public officials
to cooperate to the fullest extent possible in carrying out such plans.

4\) In periods other than a state or local emergency, State agencies and
political subdivisions have the authority to exercise mutual aid powers
in accordance with the Master Mutual Aid Agreements and local
ordinances, resolutions, agreements or plans therefor.

5\) Political subdivisions not participating in interjurisditional
arrangements pursuant to this Act nevertheless shall be encouraged and
assisted by the Division of Disaster and Emergency Services to conclude
suitable arrangements for furnishing mutual aid in coping with
disasters. The arrangements shall include provision of equipment, aid by
persons and units in public employ or in volunteer organizations,
including but not limited to, police, fire, public works, public
information, building inspection and other such services as might be
needed in responding to and recovery from a disaster emergency.

6\) The Governor, with the advice of the Division of Disaster and
Emergency Services, is hereby authorized and empowered to divide the
State into mutual aid regions for the more effective application,
administration and coordination of mutual aid and other
emergency-related activities.

# Section 12 Operational Areas

1\) Each county is designated as an operational area. In a state of
emergency, each operational area shall serve as a link in the system of
communications and coordination with the State's emergency operating
centers.

# Section 13 State of War Emergency

1\) During a state of war emergency, the Governor shall have complete
authority over all agencies of the State government and the right to
exercise within the area or regions designated all police power vested
in the State of Columbia in order to effectuate the purposes of this
Act. In the exercise thereof, the Governor shall promulgate and enforce
such orders and regulations as he or she deems necessary for the
protection of life and property in accordance with the provisions of
this Act.

# Section 14 Local Emergency

1\) A local emergency may be proclaimed by the governing body of the
political subdivision or by an official so designated and authorized by
ordinance or resolution adopted by such governing body.

2\) Whenever a local emergency is proclaimed by an official designated
and authorized by ordinance or resolution, the local emergency shall not
remain in effect for more than seven (7) days unless it has been
ratified by the governing body. The governing body shall review at least
every fourteen (14) days until such local emergency is terminated, the
need for continuing the local emergency and shall proclaim the
termination of such local emergency at the earliest possible date that
conditions warrant.

3\) When two or more political subdivisions have created an
interjurisdictional entity or Policy Group to jointly administer and
coordinate the emergency response and recovery activities of the
participating jurisdictions, the official selected by members of said
Policy Group shall have the authority to proclaim a local emergency.

4\) In periods of local emergency, political subdivisions have the full
power to provide mutual aid to any affected area in accordance with
local ordinances, resolutions, emergency plans or agreements therefor.

5\) State agencies may provide mutual aid, including personnel,
equipment, and other available resources, to assist political
subdivisions during a local emergency or in accordance with mutual aid
agreements or at the direction of the Governor.

6\) In an appropriately proclaimed State or local emergency, the cost of
extraordinary services incurred by political subdivisions in executing
mutual aid agreements shall constitute a legal charge against the State
when approved by the Governor in accordance with orders and regulations
promulgated as prescribed in this Act. The Governor may delegate this
power of approval.

7\) During a local emergency, the governing body of a political
subdivision or officials designated thereby, may promulgate orders and
regulations necessary to provide for the protection of life and
property, including orders or regulations imposing a curfew within
designated boundaries where necessary to preserve the public order and
safety. Such orders, regulations, amendments and recessions thereof
shall be in writing and shall be given widespread public and public
notice.

# Section 15 Preservation of Local Government

1\) The Legislature recognizes that, if this State or nation were
attacked by an enemy of the United States, many areas in Columbia might
be subjected to the effects of said enemy attack and some or all of
these areas could be severely damaged. During such attacks and in the
reconstruction period following such attacks, law and order must be
preserved and, so far as possible, governmental services must be
continued or restored. To help preserve law and order and to continue or
restore local governmental services, it is essential that the local
units of government continue to function.

*Reference: The Emergency Interim Executive and Judicial Succession Act
which provides for the continuity of the executive and judicial
functions of the State by providing for additional officers who can act
as Governor, by providing for emergency interim succession to other
executive offices of the State; by providing for special emergency
judges and by authorizing political subdivisions to enact resolutions
and ordinances relating to this subject.*

# Section 16 Columbia Emergency Council

1\) There is hereby created a Columbia Emergency Council to consist of
individuals representing State and local agencies and private
organizations, all of whom possess expertise or responsibilities with
respect to preventing, preparing for, responding to or recovering from
disaster emergencies.

2\) Members of this Council shall be appointed by the Governor and shall
serve at the Governor's pleasure.

# Section 17 Local Emergency Councils

1\) Political subdivisions may create emergency councils to develop
plans for meeting any condition constituting a local emergency, State
emergency or state of war emergency. Such plans shall provide for the
effective mobilization of all the resources within the political
subdivision, both public and private.

2\) The governing body of the political subdivision may in any ordinance
or resolution adopted pursuant to this section provide for the
organization, powers and duties, services and staff of the emergency
organization.

3\) Political subdivisions may enact ordinances and resolutions and
establish rules and regulations or authorize emergency councils to
recommend to the director of the local emergency organization rules and
regulations for dealing with local emergencies, and may voluntarily act
to carry out mutual aid and may enter into mutual aid agreements with
other jurisdictions.

# Section 18 Effective Date

This Act shall take effect immediately.