4.0 Columbia Disaster and Emergency Services Act
4.1. Title
This Act shall be cited as the Columbia Disaster and Emergency Services Act.
4.2. Purpose
  1. The State of Columbia has long recognized its responsibility to mitigate the effects of natural and technological/man-made 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 authority as follows:
    1. To confer upon the governor and upon the chief executives and governing bodies of the political subdivisions of the State 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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;
    6. 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;
    7. To prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by a disaster emergency;
    8. To provide conditions conducive to the rapid and orderly restoration and rehabilitation of persons and property affected by disaster emergencies;
    9. 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;
    10. To authorize and provide for cooperation in disaster prevention, protection, response, recovery and mitigation;
    11. To authorize and provide for coordination of activities relating to disaster prevention, protection, response, recovery and mitigation 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;
    12. To provide a disaster management system embodying all aspects of pre-disaster prevention and protection, disaster response and post disaster recovery and mitigation;
    13. 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;
    14. To supplement, without in any way limiting, the authority conferred by previous statutes and to 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 service functions be coordinated as far as possible with the appropriate, comparable agencies and departments of the State’s political subdivisions as 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.
  4. All State emergency service functions will be accomplished in accordance with the National Preparedness System (NPS), National Incident Management Systems (NIMS), National Disaster Recovery Framework (NDRF), and National Response Framework (NRF).
4.3. 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 prevent, protect from or mitigate against 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; 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, property and the environment.
  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 inter-jurisdictional 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.
4.4. 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.
    1.  “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.
    2. “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 subdivision 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 requiring extraordinary measures beyond the authority vested in the Columbia Public Utilities Council.
    3. “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 the condition which exists upon receipt by the State of a warning from the Federal government indicating that such an enemy attack is probable or imminent.
    4. “Public Health emergency” means the duly proclaimed existence of conditions or imminent threat of illness or health condition that:
      • believed to be caused by any of the following:
        • bioterrorism, or
        • the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;
      • poses a high probability of any of the following harms:
        • a large number of deaths in the affected population,
        • a large number of serious or long-term disabilities in the affected population, or
        • widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.
    5. "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, 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.
    6. “Political subdivision” means any county, city, town, village, township, district, or other unit of local government authorized by law.
    7. “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.
    8. “State agency” means any department, division, commission, independent establishment, or branch of the executive branch of the State government.
    9. “Governing body” means the Board of County Supervisors; County Executive and County Council; Boards of trustees, alderman, or directors; or other administrative managing entity of a political subdivision.
    10. “Chief Executive” means that person authorized by law to act in an administrative and executive capacity for the governing body of a political subdivision.
    11. “Public facility” means any facility of the State or a political subdivision which is owned, operated, or maintained by any combination thereof, through money derived by taxation or assessment.
    12.  “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. 
    13. “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.
    14. “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.
    15. An “operational area” is a level of the State emergency services organization consisting of a county and all political subdivisions within that county.
    16. “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.
    17. “State emergency plan” means the State of Columbia Emergency Plan as approved by the governor.
4.5. 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 inter-jurisdictional disaster emergency plans applicable to the political subdivision or area in question and shall be the 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, materials, and facilities assembled or 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:
    1. 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.
    2. 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.
    3. Transfer the direction, personnel, or functions of State departments and agencies or units thereof for the purpose of performing or facilitating emergency services.
    4. Be 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.
    5. 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.
    6. Prescribe routes, modes of transportation, and destinations in connection with an evacuation.
    7. Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.
    8. Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.
    9. Make provisions for the availability and use of temporary emergency housing.
4.6. State Division of Disaster and Emergency Services
  1. A Division of Disaster and Emergency Services (DDES) 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:
    1. Prevention, protection and and mitigation of injury and damage caused by disaster.
    2. Prompt and effective response to and recovery from disasters.
    3. Emergency relief.
    4. Conducting a hazard vulnerability analysis, identifying areas which are particularly vulnerable to disasters, and identifying those disasters to which the State is most susceptible.
    5. Recommending zoning, building, flood plain, and other land-use control; safety measures for securing mobile homes or for non-permanent or semi-permanent structures; and other preventive, protective and mitigation measures designed to eliminate or reduce disasters or their impact.
    6. Assistance to local officials in designing local emergency action plans.
    7. Authorization and procedures for the erection or other construction of temporary works designed to prevent, protect against or mitigate danger, damage, or loss from flood, conflagration, or other disaster.
    8. Preparation and distribution to the appropriate State and local officials of catalogues of Federal, State, and private assistance programs.
    9. Organization of manpower and chains of command.
    10. Coordination of Federal, State, and local disaster activities.
    11. Coordination of the State disaster plan with the disaster plans of the federal government and the State’s political subdivisions.
    12. Other activities which might be necessary and appropriate.
  3. The division shall take an integral part in the development and revision of local and inter-jurisdictional 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 inter-jurisdictional planning and emergency agencies. These personnel or consultants shall work with subdivisions and agencies on a regularly scheduled basis and shall make field examinations of the areas, circumstances, and conditions to which particular local and inter-jurisdictional 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, and volunteer and community organizations. In advising local and inter-jurisdictional 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:
    1. Determine the requirements of the State and its political subdivisions for food, clothing, and other necessities in the event of an emergency.
    2. Procure and pre-position supplies, medicines, materials, and equipment which might be required in the emergency.
    3. Promulgate standards and requirements for local and inter-jurisdictional disaster preparedness plans.
    4. Periodically review local and inter-jurisdictional disaster preparedness plans and make recommendations for revision where appropriate.
    5. Provide for mobile support units.
    6. Establish and operate or assist political subdivisions, their disaster agencies, and inter-jurisdictional disaster agencies to establish and operate training programs, including practice exercises and programs of public information and education.
    7. 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.
    8. 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.
    9. Establish a register of persons with types of specialized training and skills which might be useful in emergency prevention, preparedness, response, and recovery.
    10. Establish a register of mobile and construction equipment and temporary housing for possible use in a disaster emergency.
    11. Prepare, for issuance by the governor, executive orders, proclamations, and regulations which are necessary and appropriate for implementation of this Act.
    12. 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, protection, response, recovery and mitigation.
    13. Engage in other activities that 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.
4.7. Finance
  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 therefore by the legislature; 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 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 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.
4.8. 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 inter-jurisdictional agency responsible for disaster prevention, protection, response, recovery and mitigation.
  2. Each county and city within the State of Columbia shall maintain a disaster agency or participate in a local or inter-jurisdictional 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, protection, response, recovery and mitigation under the provisions of this Act.
  4. The mayor; county executive; chairperson of a board of supervisors 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, the identity the person who heads the agency from which the service is obtained, and any additional information relating thereto as the division requires.
  5. It is mandated by this Act that each local and inter-jurisdictional agency prepare and keep current a local or inter-jurisdictional 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 another State or States is desirable in meeting common intergovernmental problems of emergency disaster planning, prevention, protection, response, recovery and mitigation.
4.9. 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 multi-jurisdictional 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 days except by or with the consent of the governing board of the political subdivision or joint multi-jurisdictional 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 the activation of the response and recovery aspects of any and all applicable local or inter-jurisdictional disaster emergency plans and the authorization of the furnishing and receiving of aid and assistance thereto.
  4. An inter-jurisdictional agency or official thereof may declare a local disaster and provide aid and services in accordance with the authority pursuant to which it functions.
4.10. Disaster Prevention
  1. In addition to disaster prevention measures as included in the State, local, and inter-jurisdictional disaster plans, the governor shall consider, on a continuing basis, steps that could be taken to mitigate, prevent, or protect against 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, public health, and intelligence gathering shall make studies of disaster prevention-related matters. The governor from time to time shall make recommendations to the legislature, local governments, multi-jurisdictional entities, and other appropriate public and private entities as may facilitate measures for mitigation, prevention, or protection against 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.
4.11. 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 therefore 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.
4.12. 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 therefore.
  5. Political subdivisions not participating in inter-jurisdictional 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 and 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.
4.13. Districts and Operational Areas
  1. The State of Columbia is divided into three operational districts. All State agencies use the districts to coordinate state and mutual-aid services. During activation of the statewide mutual aid system, responding agencies will coordinate through the State emergency management agency district office, with support from the State Emergency Operations Center (EOC).
  2. 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 Operation Center and DDES District offices.
4.14. 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 deems necessary for the protection of life and property in accordance with the provisions of this Act.
  2. A DDES field representative, District Liaison Officer (DLO), will act as the principle liaison point of coordination between the State Emergency Operations Center and the county emergency management agencies. All request for assistance will be directed through this coordination point to include the requesting of state assets, EMAC , Incident Management Teams, and specialized federal assistance teams and resources. The DLO assigned to each of the districts will be supported by additional state level personnel as necessary based upon the magnitude of the incident.
4.15. 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 days unless it has been ratified by the governing body. The governing body shall review at least every 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 inter-jurisdictional 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 thereof.
  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 notice.

 

4.16. Preservation of Local Government

The legislature recognizes that, if this State or Nation were attacked by an enemy of the United States, many areas in Columbia may 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.

4.17. 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.
4.18. 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. These political subdivisions may also voluntarily act to carry out mutual aid and may enter into mutual aid agreements with other jurisdictions.
4.19. Effective Date

This Act shall take effect immediately.

4.20. Implementing the National Incident Management System

Great State of Columbia

Governor’s Office

PROCLAMATION

IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM July 20, 2007 WHEREAS, The National Response Framework (NRF) is part of the National Strategy for Homeland Security that presents the guiding principles enabling all levels of domestic response partners to prepare for and provide a unified national response to disasters and emergencies. Building on the existing National Incident Management System (NIMS) standardization, the NRF’s mission areas and coordinating structures are always in effect for implementation at any level and at any time for local, State, and national emergency or disaster response.

WHEREAS, In Homeland Security Presidential Directive (HSPD), the President directed the Secretary of the Department of Homeland Security to develop and administer the National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, tribal and local governments to work together more effectively and efficiently to prevent, protect against, respond to, recover from and mitigate against domestic incidents, regardless of cause, size, or complexity; and

WHEREAS, the collective input and guidance from all Federal, State, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS; and

WHEREAS, it is necessary that all Federal, State, local, and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and

WHEREAS, to facilitate efficient and effective incident management it is critical that Federal, State, tribal and local organizations utilize standard terminology; standard organizational structures; uniform personnel qualification standards; uniform standards for planning, training and exercising; comprehensive resource management; and designated incident facilities during emergencies or disasters; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the State’s ability to utilize Federal funding to enhance local and State agency readiness, maintain first responder safety, and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State, including all public safety and emergency response organization training programs; and

WHEREAS, The NIMS Coordination structures (Emergency Operations Centers, Multiagency Coordination Groups and the Joint Information System) are adopted throughout the State; and

WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.

NOW THEREFORE, Pursuant to the authority vested in me by the Constitution and the provisions of the Columbia State Code (2 Col. C.S. Section 7-1 et seq., as amended), I do hereby mandate the National Incident Management System be utilized for all incident management in the Great State of Columbia.

I further proclaim this to take effect immediately.

GIVEN under my hand and the Seal of the Governor, in Capital City, this twentieth day of July in the year of our Lord two thousand seven and of this State the two hundred and thirtieth.

Robert Van Deusen
Governor

4.21. State Mutual Aid System

Great State of Columbia

Governor’s Office

PROCLAMATION

CREATING A STATE MUTUAL AID SYSTEM OCTOBER 20, 2020 WHEREAS, The National Response Framework (NRF) is part of the National Strategy for Homeland Security that presents the guiding principles enabling all levels of domestic response partners to prepare for and provide a unified national response to disasters and emergencies. Building on the existing National Incident Management System (NIMS) standardization, the NRF’s mission areas and coordinating structures are always in effect for implementation at any level and at any time for local, State, and national emergency or disaster response.

WHEREAS, In Homeland Security Presidential Directive (HSPD), the President directed the Secretary of the Department of Homeland Security to develop and administer the National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, tribal and local governments to work together more effectively and efficiently to prevent, protect against, respond to, recover from and mitigate against domestic incidents, regardless of cause, size, or complexity; and

WHEREAS, the collective input and guidance from all Federal, State, tribal and local emergency management and homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS, and to effective response to the needs of the citizens of Columbia; and

WHEREAS, the emergency officials of the State of Columbia have recommended the creation of a statewide mutual aid system in consonance with the national Emergency Management Assistance Compact (EMAC); and WHEREAS, the Great State of Columbia is a signatory to EMAC and it is prudent public policy to better organize both internal and external mutual aid capability.

NOW THEREFORE, Pursuant to the authority vested in me by the Constitution and the provisions of the Columbia State Code (2 Col. C.S. Section 7-1 et seq., as amended), I do hereby mandate that a State-Wide Mutual Aid System be established in consonance with the principles and doctrine of the Emergency Management Assistance Compact and that it shall be administered by the State of Columbia Division of Disaster and Emergency Services and the various county emergency management agencies. And, I do further mandate that these activities shall be carried out in conformance with the requirements of the National Incident Management System, including but not limited to resource typing and incident personnel qualification, certification and credentialing.

I further proclaim this to take effect immediately.

GIVEN under my hand and the Seal of the Governor, in Capital City, this twentieth day of October in the year of our Lord two thousand seven and of this State the two hundred and thirtieth.

Robert Van Deusen
Governor