2009 North Carolina Code
Chapter 143B - Executive Organization Act of 1973.
§ 143B-476. Department of Crime Control and Public Safety - head; powers and duties as to emergencies and disasters; other powers and duties.

§ 143B‑476.  Department of Crime Control and Public Safety – head; powers and duties as to emergencies and disasters; other powers and duties.

(a)        The head of the Department of Crime Control and Public Safety is the Secretary of Crime Control and Public Safety, who shall be known as the Secretary. The Secretary shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred on him by the Constitution and laws of this State. These powers and duties include:

(1)        Accepting gifts, bequests, devises, grants, matching funds and other considerations from private or governmental sources for use in promoting the work of the Governor's Crime Commission.

(2)        Making grants for use in pursuing the objectives of the Governor's Crime Commission.

(3)        Adopting rules as may be required by the federal government for federal grants‑in‑aid for criminal justice purposes and to implement and carry out the regulatory and enforcement duties assigned to the Department of Crime Control and Public Safety as provided by the various commercial vehicle, oversize/overweight, motor carrier safety, motor fuel, and mobile and manufactured home statutes.

(4)        Ascertaining the State's duties concerning grants to the State by the Law Enforcement Assistance Administration of the United States Department of Justice, and developing and administering a plan to ensure that the State fulfills its duties.

(5)        Administering the Assistance Program for Victims of Rape and Sex Offenses.

(6)        Appointing, with the Governor's approval, a special police officer to serve as Director of the State Capitol Police Division.

(b)        The Secretary, through appropriate subunits of the department, shall, at the request of the Governor, provide assistance to State and local law‑enforcement agencies, district attorneys, judges, and the Department of Correction, when called upon by them and so directed.

(c)        In the event that the Governor, in the exercise of his constitutional and statutory responsibilities, shall deem it necessary to utilize the services of more than one subunit of State government to provide protection to the people from natural or man‑made disasters or emergencies, including but not limited to wars, insurrections, riots, civil disturbances, or accidents, the Secretary, under the direction of the Governor, shall serve as the chief coordinating officer for the State between the respective subunits so utilized.

(d)        Whenever the Secretary exercises the authority provided in subsection (c) of this section, he shall be authorized to utilize and allocate all available State resources as are reasonably necessary to cope with the emergency or disaster, including directing of personnel and functions of State agencies or units thereof for the purpose of performing or facilitating the initial response to the disaster or emergency. Following the initial response, the Secretary, in consultation with the heads of the State agencies which have or appear to have the responsibility for dealing with the emergency or disaster, shall designate one or more lead agencies to be responsible for subsequent phases of the response to the emergency or disaster. Pending an opportunity to consult with the heads of such agencies, the Secretary may make interim lead agencies designations.

(e)        Every department of State government is required to report to the Secretary, by the fastest means practicable, all natural or man‑made disasters or emergencies, including but not limited to wars, insurrections, riots, civil disturbances, or accidents which appear likely to require the utilization of the services of more than one subunit of State government.

(f)         The Secretary is authorized to adopt rules and procedures for the implementation of this section.

(g)        Nothing contained in this section shall be construed to supersede or modify those powers granted to the Governor or the Council of State to declare and react to a state of disaster as provided in Chapter 166A of the General Statutes, the Constitution or elsewhere.

(h)        Prior to any notification of proposed grant awards to State agencies for use in pursuing the objectives of the Governor's Crime Commission pursuant to subsection (a) of this section, the Secretary shall report to the Senate and House Appropriations Committees for review of the proposed grant awards.

(i)         Expired pursuant to Session Laws 2008‑142, s. 1, effective June 1, 2009.  (1977, c. 70, s. 1; 1979, 2nd Sess., c. 1310, s. 1; 1981 (Reg. Sess., 1982), c. 1191, s. 17; 1985, c. 757, s. 164(c); 1985 (Reg. Sess., 1986), c. 1018, s. 13; 1998‑212, s. 19.5(a); 2002‑159, s. 31.5(b); 2002‑190, s. 15; 2008‑142, s. 1; 2009‑451, s. 17.3(e).)