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48-923. Limitations on effect of act.

48-923

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 9.--EMERGENCY PREPAREDNESS FOR DISASTERS

      48-923.   Limitations on effect of act.Nothing in the emergency management act shall be construed to:

      (a)   Interfere with the courseor conduct of a labor dispute, except that actions otherwise authorized bythis act may be taken when necessary to forestall or mitigate imminent orexisting danger to public health or safety;

      (b)   interfere with dissemination of news or comment on public affairs;but any communications facility or organization, including but not limitedto radio and television stations, wire services and newspapers, may berequired by the governor to transmit or print public service messages,information or instructions in connection with a declared state of disasteremergency;

      (c)   affect, other than during a declared state of disaster emergency,the jurisdiction or responsibilities of police forces, fire fighting forces,units of the armed forces of the United States, or of any personnelthereof, when on active duty; but the state disaster emergency plan andlocal and interjurisdictional disaster emergency plans shall place relianceupon such forces which are available for performance of functions relatedto a declared state of disaster emergency; or

      (d)   limit, modify or abridge the authority of the governor to proclaimmartial law or exercise any other powers vested in thegovernor under theconstitution, statutes or common law of this state independent of, or inconjunction with, any provisions of this act.

      History:   L. 1975, ch. 283, § 3;L. 1994, ch. 248, § 11; July 1.

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