State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-476

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

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

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

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

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

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

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

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

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

(c)        In the event thatthe Governor, in the exercise of his constitutional and statutoryresponsibilities, shall deem it necessary to utilize the services of more thanone subunit of State government to provide protection to the people fromnatural or man‑made disasters or emergencies, including but not limitedto wars, insurrections, riots, civil disturbances, or accidents, the Secretary,under the direction of the Governor, shall serve as the chief coordinatingofficer for the State between the respective subunits so utilized.

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

(e)        Every department ofState government is required to report to the Secretary, by the fastest meanspracticable, all natural or man‑made disasters or emergencies, includingbut not limited to wars, insurrections, riots, civil disturbances, or accidentswhich appear likely to require the utilization of the services of more than onesubunit of State government.

(f)         The Secretary isauthorized to adopt rules and procedures for the implementation of thissection.

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

(h)        Prior to anynotification of proposed grant awards to State agencies for use in pursuing theobjectives of the Governor's Crime Commission pursuant to subsection (a) ofthis section, the Secretary shall report to the Senate and House AppropriationsCommittees for review of the proposed grant awards.

(i)         Expired pursuantto 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).)