Section 190.275

Title XII PUBLIC HEALTH AND WELFARE

Chapter 190

Effective - 28 Aug 2014   

  190.275.  Definitions. — As used in sections 190.270 to 190.285, unless the context clearly indicates otherwise, the following terms shall mean:

  (1)  "Declared state disaster" or "emergency", a disaster or emergency event for which a governor's state of emergency proclamation has been issued or that the President of the United States has declared to be a major disaster or emergency;

  (2)  "Disaster period", the period of time that begins ten days before the governor's proclamation of a state of emergency or the declaration by the President of the United States of a major disaster or emergency, whichever occurs first, and extending for a period of sixty calendar days following the end of the period specified in the proclamation or declaration or sixty calendar days from the proclamation or declaration if no end is provided.  The governor may extend the disaster period as warranted;

  (3)  "Infrastructure", property and equipment owned or used by a public utility, communications network, broadband and internet service provider, cable and video service provider, gas distribution system, or water pipeline that provides service to more than one customer or person, including related support facilities.  Infrastructure includes real and personal property such as buildings, offices, power lines, cable lines, poles, communication lines, pipes, structures, and equipment; ^*

  (4)  "Out-of-state business", a business entity:

  (a)  That does not have a presence in the state;

  (b)  That does not conduct business in the state;

  (c)  That has no registrations, tax filings, or nexus in the state before the declared disaster or emergency; and

  (d)  Whose assistance in repairing, renovating, installing, or building infrastructure related to a declared state disaster or emergency is requested by the state, a county, city, town, or other political subdivision of the state or a registered business that owns or uses infrastructure as defined in this section.  

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Out-of-state business includes a business entity that is affiliated with a registered business solely through common ownership as long as that business entity does not have any registrations, tax filings, or nexus in the state before the declared state disaster or emergency.  For purposes of this section, a prior registration as an out-of-state business for a declared disaster or emergency shall not be considered a registration in this state;

  (5)  "Out-of-state employee", an individual who does not work in the state except for disaster or emergency-related work during a disaster period;

  (6)  "Registered business", a business entity that is registered or licensed to do business in the state before the declared state disaster or emergency.

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(L. 2014 H.B. 1190)

*Word "and" appears here in original rolls.