(1)The office of
emergency management is created within the division of homeland security and
emergency management in the department of public safety. The office of
emergency management exercises its powers, duties, and functions as a type 2 entity, as defined in section 24-1-105. Pursuant to section 13 of article XII of the
state constitution, the director of the division of homeland security and emergency
management shall appoint a director as head of the office of emergency
management.
(2)The office of emergency management shall create a comprehensive
emergency management program that includes policies, plans, and procedures that
address the preparation, prevention, mitigation, response, and recovery from
emergencies and disasters. The office shall prepare, maintain, and kee
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(1) The office of
emergency management is created within the division of homeland security and
emergency management in the department of public safety. The office of
emergency management exercises its powers, duties, and functions as a type 2 entity, as defined in section 24-1-105. Pursuant to section 13 of article XII of the
state constitution, the director of the division of homeland security and emergency
management shall appoint a director as head of the office of emergency
management.
(2) The office of emergency management shall create a comprehensive
emergency management program that includes policies, plans, and procedures that
address the preparation, prevention, mitigation, response, and recovery from
emergencies and disasters. The office shall prepare, maintain, and keep the
program current in order to meet the needs of the state.
(3) The office of emergency management shall take part in the development
and revision of local and interjurisdictional emergency management plans prepared
under section 24-33.5-707. To this end the office of emergency management shall
employ or otherwise secure the services of professional and technical personnel
capable of providing expert assistance to political subdivisions, their emergency
management agencies, and interjurisdictional planning agencies. Such personnel
shall consult with political subdivisions and emergency management agencies and
shall make field examinations.
(4) In preparing and revising the state emergency management program, the
office of emergency management shall ensure a participatory process that includes
the assistance of local government, business, labor, industry, agriculture, civic and
volunteer organizations, academia, other state government agencies, and
community leaders.
(5) The state emergency management program or any part thereof may be
incorporated in regulations of the office of emergency management or executive
orders that have the force and effect of law.
(6) The office of emergency management may do all things necessary for
the implementation of this section, including:
(a) Hiring personnel;
(b) Contracting with federal, state, local, and private entities;
(c) Accepting and expending federal funds.
(7) Whenever the office of emergency management or the division of
emergency management in the department of local affairs is referred to or
designated by any contract or other document, such reference or designation shall
be deemed to apply to the office of emergency management in the division of
homeland security and emergency management in the department of public safety.
(8) (a) Effective July 1, 2012, the office of emergency management in the
division of homeland security and emergency management in the department of
public safety shall execute, administer, perform, and enforce the rights, powers,
duties, functions, and obligations vested previously in the division of emergency
management in the department of local affairs.
(b) (I) On July 1, 2012, all positions of employment in the division of
emergency management in the department of local affairs shall be transferred to
the office of emergency management in the division of homeland security and
emergency management in the department of public safety and shall become
employment positions therein.
(II) On July 1, 2012, all employees of the division of emergency management
in the department of local affairs shall be considered employees of the office of
emergency management in the division of homeland security and emergency
management in the department of public safety. Such employees shall retain all
rights under the state personnel system and to retirement benefits pursuant to the
laws of this state, and their services shall be deemed to have been continuous.
(III) On July 1, 2012, all items of property, real and personal, including office
furniture and fixtures, books, documents, and records of the division of emergency
management in the department of local affairs are transferred to the office of
emergency management in the division of homeland security and emergency
management in the department of public safety and shall become the property
thereof.
(c) Unless otherwise specified, whenever any provision of law refers to the
division of emergency management, that law shall be construed as referring to the
office of emergency management in the division of homeland security and
emergency management in the department of public safety.
(d) No suit, action, or other proceeding, judicial or administrative, lawfully
commenced, or which could have been commenced, by or against the division of
emergency management in the department of local affairs, or any officer thereof in
such officer's official capacity or in relation to the discharge of the official's duties,
is abated by reason of the transfer of duties and functions in this section.