ND crisis managers want power to order evacuations

BISMARCK (AP) -- Legislation that would give North Dakota's local emergency managers power to order mandatory evacuations was questioned during a legislative hearing Friday, with one lawmaker comparing it to "martial law."

The measure includes a fine of up to $500 for people who defy an evacuation order.

Greg Wilz, North Dakota's homeland security director, told the North Dakota House's Political Subdivisions Committee that he would like the measure in place before this spring, when the state is likely to face widespread flooding. To take effect, the legislation needs two-thirds support in both the North Dakota House and Senate, and then the governor's signature.

North Dakota law now gives the governor power to order mandatory evacuations in emergencies. Local emergency managers may advise people to leave their homes in a crisis, but evacuations are not mandatory and there is no penalty for refusing.

The legislation, sponsored by Rep. Todd Porter, R-Mandan, would empower a local emergency commander to order a "partial or total evacuation of a jurisdiction" once an emergency operations plan had been put in place during a disaster.

Refusing to obey the order would be an infraction, an offense that carries a maximum $500 fine, a provision that Rep. Kim Koppelman said "almost looks like martial law."

The bill allows for a mandatory evacuation to be ordered to preserve life or for "other disaster or emergency mitigation." Koppelman, a West Fargo Republican and former city commissioner, said that language was "a pretty broad definition."

"You're talking about, potentially, commanding people to leave their property," Koppelman said. "I understand why that may be necessary sometimes ... but you're also dealing with somebody saying, 'No, I'm going to stay here, my basement is leaking, I've got to keep sandbagging, I've got to keep this sump pump going.'"

The House committee did not take immediate action on the bill Friday.

Wilz, the homeland security official, said he believed local emergency managers could be trusted to exercise the power judiciously. He said the "emergency mitigation" wording was included in case emergency workers needed access to property or to take other steps to prevent a crisis from worsening.

"I don't think that martial law would be the issue here," he said. "This would only be utilized when . . . it is believed that it is going to save lives, and that is what this is all about."

Connie Sprynczynatyk, director of the North Dakota League of Cities and a former Bismarck city commissioner, said a penalty was needed for people who ignore evacuation orders.

She said it would have been useful during flooding in south Bismarck in 2009, when ice jams along the Missouri River caused floodwaters to back up into the city.

"We had a problem with people not evacuating and great confusion about whether or not they could or should," Sprynczynatyk said. "At least one thing this does is put in at least a small penalty, so there is not only the ability to declare a disaster."

The bill is HB1327.