TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 10

STATE DISASTER PREPAREDNESS ACT

46-1007.  Limitations. Nothing in this act shall be construed to:

(1)  Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;

(2)  Interfere with dissemination of news or comment on public affairs;

(3)  Affect the jurisdiction or responsibilities of police forces, fire fighting forces, local emergency medical service (EMS) agencies licensed by the state department of health and welfare EMS bureau, units of the armed forces of the United States, or of any personnel thereof, when on active duty; but state, local, and intergovernmental disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; or

(4)  Limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in him under the constitution or statutes of this state independent of or in conjunction with any provisions of this act.

History:

[46-1007, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 373, sec. 1, p. 1114.]