FINAL BILL REPORT

SB 5025

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: The Governor may declare a state of emergency in the area of the state affected by a riot, energy emergency, public disorder, or disaster by a written proclamation filed with the Secretary of State. An emergency proclamation takes immediate effect upon physical affixation of the seal of the Secretary of State to a document signed by the Governor proclaiming a state of emergency. A state of emergency applies only to the geographic area specified in the proclamation.

An emergency proclamation enables the Governor to prohibit specific activities, such as public gatherings, transfer of combustible materials, public possession of firearms, and the use of public streets at any time during the state of emergency. In a state of emergency, the Governor may also prohibit activities as the Governor reasonably believes is necessary to help preserve and maintain life, health, property, or the public peace. The Governor has authority to waive or suspend statutory obligations or limitations for certain, limited executive functions, such as purchasing rules, during and in the areas affected by an emergency proclamation. An emergency proclamation enables the Governor to mobilize the National Guard and State Patrol to restore order to affected areas.

The state of emergency ends by the Governor's proclamation, which must be issued when order has been restored to the affected area.

Votes on Final Passage:

Senate	47	2
House	89	8