§ 36. Debris and wreckage removal

(a) Whenever the governor has declared a disaster emergency to exist under the laws of this state, or the president, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:

(1) Notwithstanding any other provision of law, through the use of state departments or agencies, or the use of any of the state's instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property, in any disaster emergency declared by the governor or major disaster as declared by the president.

(2) To accept funds from the federal government and utilize such funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water.

(b) Authority under this chapter shall not be exercised unless the affected local government, corporation, organization, or individual shall first present an unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the state government against any claim arising from such removal.

(c) Whenever the governor provides for clearance of debris or wreckage pursuant to subsections (a) or (b) of this section, employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.

(d) Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or agent complying with orders of the governor and performing duties pursuant thereto under this chapter shall not be liable for death of or injury to persons or damage to property.

(e) The governor is authorized to make rules and regulations to carry out the purposes of this chapter. (Added 1975, No. 97, § 3, eff. April 30, 1975.)