Public Safety and Security Committee
AN ACT CLARIFYING THE DEFINITION OF "EMERGENCY" AND "MAJOR DISASTER"
SUMMARY: This act conforms the statutory definitions of “major disaster” and “emergency” to Department of Emergency Management and Homeland Security usage, for purposes of the civil preparedness and emergency management statutes. It updates the statutes by substituting “emergency management director” for “director of civil preparedness” to reflect the term currently used to describe this official. It also makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2011
MAJOR DISASTER AND EMERGENCY
Prior law's definitions of “major disaster” and “emergency” mirrored the federal Stafford Act definitions and applied only when the President determined that federal assistance was warranted. The act includes in the definition of “major disaster” catastrophes that the governor determines are severe enough to warrant declaring a civil preparedness emergency, not just those that the President determines warrant Stafford Act disaster relief.
The act also includes in the definition of “emergency,” situations in which the governor determines that state or federal assistance is necessary to supplement state or local efforts to save lives and protect property, public health and safety, or to avert or lessen the threat of a disaster or catastrophe. Under prior law, “emergency” meant situations in which the President determined that federal assistance was needed to supplement state and local efforts.
BACKGROUND
Stafford Act
This act constitutes the statutory authority for most federal disaster response activities especially as they pertain to Federal Emergency Management Assistance programs.
Civil Preparedness Emergencies
By law, the governor may declare a civil preparedness emergency in the event, or imminent threat, of serious disaster, enemy attack, sabotage, or hostile action. In such cases, the governor may personally take direct operational control of any or all parts of the civil preparedness forces and functions in the state.
OLR Tracking: VR: KS: JL: df