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 12-75-114 - Governor - Disaster emergency responsibilities

(a)
The Governor is responsible for meeting and mitigating, to the maximum extent possible, dangers to the people and property of the state presented or threatened by disasters.
(b)
(1)
Under this chapter, the Governor may issue executive orders, proclamations, and rules and amend or rescind them.
(2)
Executive orders, proclamations, and regulations have the force and effect of law.
(c)
(1)
There is created within the office of the Governor a disaster response and recovery fund and a hazard mitigation fund, which are separate and apart from the Governor's standard emergency fund.
(2)
The amount of the disaster response and recovery fund shall be ten million two hundred fifty thousand dollars ($10,250,000) for use to defray the cost of immediate emergency response.
(3)
The amount of the hazard mitigation fund shall be six million dollars ($6,000,000), solely for use in hazard mitigation assistance.
(4)
The Governor's disaster response and recovery fund may be increased from time to time at the discretion of the Governor.
(5)
Expenditures from the disaster response and recovery fund may only be made in the event of a disaster as defined in §
12-75-103
and only upon proclamation by the Governor.
(6)
Expenditures from the disaster response and recovery fund shall be made by executive order of the Governor, upon recommendation and verification by the Director of the Division of Emergency Management, and may only be made to defray immediate costs associated with response activities by emergency forces of state and local governments and private nonprofit forces duly registered in accordance with §
12-75-129
.
(7)
(A)
Expenditures from the hazard mitigation fund shall be made by executive order of the Governor.
(B)
The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund.
(d)
(1)
During the continuance of any state of disaster emergency, the Governor is Commander-in-Chief of all forces available for emergency duty.
(2)
To the greatest extent practicable, the Governor shall delegate or assign operational control by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the Governor's authority to do so by orders issued at the time of the disaster emergency.
(e)
In addition to any other powers conferred upon the Governor by law, the Governor may:
(1)
Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders or rules of any state agency, if strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency;
(2)
Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency;
(3)
Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management;
(4)
Subject to any applicable requirements for compensation under §
12-75-124
, commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency;
(5)
Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
(6)
Prescribe routes, modes of transportation, and destinations in connection with evacuation;
(7)
(A)
Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.
(B)
This chapter does not permit the Governor to prohibit members of the General Assembly from accessing the seat of government;
(8)
Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and
(9)
Make provision for the availability and use of temporary emergency housing.
(f)
(1)
An executive order or proclamation issued to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health under §
12-75-107(g)
:
(A)
Shall be in effect for the remaining duration of the statewide state of disaster emergency related to public health; and
(B)
Except as provided in subdivision (f)(3) of this section, shall be submitted to the Legislative Council for review.
(2)
(A)
If the Governor seeks to renew a statewide state of disaster emergency related to public health under §
12-75-107(g)
, he or she may also request the renewal of an executive order or proclamation under subdivision (f)(1) of this section.
(B)
If the Governor requests the renewal of more than one (1) executive order or proclamation under subdivision (f)(2)(A) of this section, the Legislative Council may consider each executive order or proclamation individually.
(C)
If the Legislative Council does not deny the Governor's request to renew the executive order or proclamation by a majority vote of a quorum present prior to the expiration of the statewide state of disaster emergency related to public health, the executive order or proclamation shall be renewed for the same time period as the statewide state of disaster emergency related to public health.
(3)
(A)
If the Governor issues an executive order or proclamation to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health after a statewide state of disaster emergency related to public health has been renewed under §
12-75-107(g)(3)
, the executive order or proclamation is subject to termination by the Legislative Council.
(B)
(i)
An executive order or proclamation issued under subdivision (f)(3)(A) of this section shall become effective immediately upon its issuance by the Governor and shall remain in effect unless the Legislative Council, by a majority vote of a quorum present, votes to terminate the executive order or proclamation.
(ii)
If the Governor issues more than one (1) executive order or proclamation under subdivision (f)(3)(A) of this section, the Legislative Council may consider each executive order or proclamation individually.
(C)
If the Legislative Council does not terminate an executive order or proclamation under this subsection, the executive order or proclamation shall expire when the statewide state of disaster emergency declared for public health purposes expires or is terminated.
(4)
(A)
The Legislative Council may meet at any time to perform its duties under this subsection, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly.
(B)
The duties of the Legislative Council under this subsection shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council.
(C)
The Legislative Council may adopt rules concerning the performance of its duties under this section.
Amended by Act 2021, No. 403,§ 4, eff. 3/19/2021.
Amended by Act 2021, No. 403,§ 3, eff. 3/19/2021.
Amended by Act 2021, No. 372,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 969, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 968, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 967, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5882, eff. 7/1/2019.
Amended by Act 2013, No. 547,§ 1, eff. 8/16/2013.
Acts 1973, No. 511, § 8; 1985, No. 629, § 2; A.S.A. 1947, § 11-1941; Acts 1993, No. 1049, § 3; 1995, No. 116, § 2; 1999, No. 449, § 7; 1999, No. 646, §§ 20, 21; 2001, No. 1278, § 4; 2007, No. 1290, § 86; 2009, No. 165, §§ 38, 39.