Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 75 - ARKANSAS EMERGENCY SERVICES ACT OF 1973 (§§ 12-75-101 — 12-75-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-75-101 — 12-75-139) › Section 12-75-107 - Declaration of disaster emergencies

(a)
(1)
A disaster emergency shall be declared by executive order or proclamation of the Governor if he or she finds a disaster has occurred or that the occurrence or the threat of disaster is imminent.
(2)
When time is critical because of rapidly occurring disaster emergency events, the Governor may verbally declare for immediate response and recovery purposes until the formalities of a written executive order or proclamation can be completed in the prescribed manner.
(b)
(1)
The state of disaster emergency shall continue until:
(A)
The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or
(B)
The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin.
(2)
(A)
Except as provided in subdivision (b)(2)(B) of this section, a state of disaster emergency shall not continue for longer than sixty (60) days unless renewed by the Governor.
(B)
A statewide state of disaster emergency related to public health under subsection (g) of this section shall not continue for longer than sixty (60) days unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal.
(c)
(1)
(A)
The General Assembly may terminate a state of disaster emergency, including without limitation a statewide state of disaster emergency related to public health under subsection (g) of this section, at any time by the passage of a concurrent resolution terminating the state of disaster emergency.
(B)
(i)
The House of Representatives shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the Speaker of the House of Representatives or upon the written request of at least fifty-one (51) members of the House of Representatives.
(ii)
The House of Representatives may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.
(C)
(i)
The Senate shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the President Pro Tempore of the Senate or upon the written request of at least eighteen (18) members of the Senate.
(ii)
The Senate may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.
(2)
If the General Assembly enacts a concurrent resolution terminating a state of disaster emergency under subdivision (c)(1) of this section, the state of disaster emergency shall terminate on the date on which the state of disaster emergency will expire as provided in the executive order or proclamation declaring the state of disaster emergency unless the concurrent resolution provides for an earlier date of termination.
(3)
If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a state of disaster emergency within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the same manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution.
(d)
(1)
All executive orders or proclamations issued under this section shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency.
(2)
In the case of a disaster, each provider of utility services whose services were interrupted shall prepare a report describing:
(A)
The type of disaster emergency;
(B)
The duration of the disaster emergency, which includes the time the utility personnel is dispensed to the work site and returns to the personnel's point of origin; and
(C)
The personnel utilized in responding to the disaster emergency.
(3)
If the disaster is related to public health, including without limitation an infectious, contagious, and communicable disease, then the executive order or proclamation shall specify that the state of disaster emergency is related to public health.
(e)
An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, filed promptly with the Secretary of State.
(f)
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 be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to disaster emergencies.
(g)
(1)
The Governor shall declare a statewide state of disaster emergency related to public health if a disaster related to public health, including without limitation an infectious, contagious, and communicable disease, includes:
(A)
At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or
(B)
A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health.
(2)
(A)
The House of Representatives and the Senate shall each convene as a committee of the whole within eight (8) business days of the declaration of a statewide state of disaster emergency related to public health to vote upon and debate a concurrent resolution to terminate the statewide state of disaster emergency related to public health.
(B)
The House of Representatives and the Senate may each convene as a committee of the whole under subdivision (g)(2)(A) of this section at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.
(C)
(i)
If the General Assembly enacts a concurrent resolution to terminate the statewide state of disaster emergency related to public health at committees of the whole under subdivision (g)(2)(A) of this section, the statewide state of disaster emergency related to public health shall terminate on the date on which the statewide state of disaster emergency related to public health will expire as provided in the executive order or proclamation declaring the statewide state of disaster emergency related to public health, unless the concurrent resolution provides for an earlier date of termination.
(ii)
This subdivision (g)(2)(C) does not prohibit the Governor from terminating a statewide state of disaster emergency related to public health at a date earlier than the date specified in the resolutions of the House of Representatives and Senate terminating the statewide state of disaster emergency related to public health.
(D)
If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a statewide state of disaster emergency related to public health within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution.
(3)
(A)
If the General Assembly does not terminate a statewide state of disaster emergency related to public health, the statewide state of disaster emergency related to public health shall not continue for longer than sixty (60) days from the date of the executive order or proclamation declaring the statewide state of disaster emergency related to public health unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal.
(B)
If the Governor desires to renew a statewide state of disaster emergency related to public health, he or she shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the statewide state of disaster emergency related to public health will expire that includes without limitation the following information:
(i)
The number of days that the statewide state of disaster emergency related to public health will continue, not to exceed sixty (60) days; and
(ii)
The rationale for continuing the statewide state of disaster emergency related to public health.
(C)
A statewide state of disaster emergency related to public health under this subdivision (g)(3) shall be renewed unless, by a majority vote of a quorum present, the Legislative Council votes to deny the Governor's request for renewal.
(D)
After receiving the written statement of the Governor under subdivision (g)(3)(B) of this section, the Legislative Council may consider the renewal of a statewide state of disaster emergency related to public health under subdivision (g)(3)(A) of this section at any time prior to the expiration of the statewide state of disaster emergency related to public health.
(E)
If the Legislative Council does not deny the Governor's request for renewal by a majority vote of a quorum present, the statewide state of disaster emergency related to public health shall be renewed for the number of days specified by the Governor in the written statement under subdivision (g)(3)(B)(i) of this section.
(h)
(1)
If a state of disaster emergency related to public health is not statewide upon its initial declaration but later becomes statewide by the addition of areas to the state of disaster emergency declaration, the Governor shall declare a statewide state of disaster emergency related to public health under subdivision (g)(1) of this section.
(2)
The statewide state of disaster emergency declaration under subdivision (h)(1) of this section shall supersede past state of disaster emergency declarations related to the same disaster related to public health.
(i)
(1)
The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly.
(2)
The duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council.
(3)
The Legislative Council may adopt rules concerning the performance of its duties under this section.
Amended by Act 2021, No. 403,§ 2, eff. 3/19/2021.
Acts 1973, No. 511, § 8; A.S.A. 1947, § 11-1941; Acts 1999, No. 646, §§ 13, 14; 1999, No. 913, § 2; 2001, No. 1278, § 1; 2007, No. 197, § 4.