Vetoed by Governor Brad Little

Vote Smart's Synopsis:

Vote to pass a bill that establishes restrictions on the governor's authority during a disaster emergency.

Highlights:

• Authorizes the governor to proclaim a state of extreme peril and then order into the service the national guard or militia, or any part thereof (Sec. 2).

• Defines “state of extreme peril” as the following, including, but not limited to (Sec. 2):

• The duly proclaimed existence and conditions threatening the safety of individuals or property within the state or any part thereof caused by an enemy attack or imminent enemy attack; or

• The duly proclaimed existence and conditions threatening the safety of individuals or property within the state or any part thereof caused by riot, violent insurrection, violent revolt, explosion, a cyberattack on critical infrastructure, or other conditions that result in mass casualties.

• Defines “enemy attack” as an actual attack by terrorists or a foreign nation by terrorism, hostile air raids, or other forms of warfare upon this state or any other state or territory of the United States (Sec. 2).

• Defines ‘violent insurrection” as violent movement or violent actions by individuals intending to overthrow the lawful government (Sec. 2).

• Authorizes a governor complete control over all executive agencies and departments during a declared state of extreme peril, including all separate boards and commissions (Sec. 2).

• Limits the governor's powers exercised in the proclamation of extreme peril to only the promulgation, issuance, and enforcement of written rules or orders necessary to support the national guard or militia that are essential to protect life or property from violent destruction (Sec. 2).

• Prohibits the aforementioned rules or orders from placing restrictions on an individual’s ability to work, provide for their families, or otherwise contribute to the economy of the state (Sec. 2).

• Prohibits any aforementioned state of extreme peril proclamation from exceeding 60 days in length without the concurrence and approval of the legislature (Sec. 2).

• Specifies that if an aforementioned state of extreme peril proclamation is issued to receive federally declared disaster emergency funds then the order may continue but any conditions or restrictions contained in the order shall no longer be in effect (Sec. 2).

• Prohibits the proclaimed state of extreme peril from imposing federal restrictions on the lawful manufacturing, possession, transfer, sale, storage, display, or use of firearms or ammunition or otherwise limit or suspend the right to peacefully assemble or freely practice religion (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes restrictions on the governor's authority during a disaster emergency.

Highlights:

• Authorizes the governor to proclaim a state of extreme peril and then order into the service the national guard or militia, or any part thereof (Sec. 2).

• Defines “state of extreme peril” as the following, including, but not limited to (Sec. 2):

• The duly proclaimed existence and conditions threatening the safety of individuals or property within the state or any part thereof caused by an enemy attack or imminent enemy attack; or

• The duly proclaimed existence and conditions threatening the safety of individuals or property within the state or any part thereof caused by riot, violent insurrection, violent revolt, explosion, a cyberattack on critical infrastructure, or other conditions that result in mass casualties.

• Defines “enemy attack” as an actual attack by terrorists or a foreign nation by terrorism, hostile air raids, or other forms of warfare upon this state or any other state or territory of the United States (Sec. 2).

• Defines ‘violent insurrection” as violent movement or violent actions by individuals intending to overthrow the lawful government (Sec. 2).

• Authorizes a governor complete control over all executive agencies and departments during a declared state of extreme peril, including all separate boards and commissions (Sec. 2).

• Limits the governor's powers exercised in the proclamation of extreme peril to only the promulgation, issuance, and enforcement of written rules or orders necessary to support the national guard or militia that are essential to protect life or property from violent destruction (Sec. 2).

• Prohibits the aforementioned rules or orders from placing restrictions on an individual’s ability to work, provide for their families, or otherwise contribute to the economy of the state (Sec. 2).

• Prohibits any aforementioned state of extreme peril proclamation from exceeding 60 days in length without the concurrence and approval of the legislature (Sec. 2).

• Specifies that if an aforementioned state of extreme peril proclamation is issued to receive federally declared disaster emergency funds then the order may continue but any conditions or restrictions contained in the order shall no longer be in effect (Sec. 2).

• Prohibits the proclaimed state of extreme peril from imposing federal restrictions on the lawful manufacturing, possession, transfer, sale, storage, display, or use of firearms or ammunition or otherwise limit or suspend the right to peacefully assemble or freely practice religion (Sec. 2).

Full Bill Text