State Codes and Statutes

Statutes > North-carolina > Chapter_147 > GS_147-33_2

§ 147‑33.2.  Emergencywar powers of the Governor.

Upon his own initiative, or onthe request or recommendation of the President of the United States, the army,navy or any other branch of the armed forces of the United States, the federalDirector of Civilian Defense, or any other federal officer, department oragency having duties and responsibilities related to the prosecution of the waror the health, welfare, safety and protection of the civilian population,whenever in his judgment any such action is in the public interest and isnecessary for the protection of the lives or property of the people of theState, or for the defense and security of the State or nation, or for theproper conduct of the war and the successful prosecution thereof, the Governormay, with the approval of the Council of State, at any time and from time totime during the existing state of war:

(1)        Formulate andexecute plans for:

a.         The inventory,mobilization, conservation, distribution or use of food, fuel, clothing andother necessaries of life and health, and of land, labor, materials,industries, facilities and other resources of the State necessary or useful inthe prosecution of the war;

b.         Organization andcoordination of civilian defense in the State in reasonable conformity with theprogram of civilian defense as promulgated from time to time by the Office ofCivilian Defense of the federal government; and, further, to effectuate suchplans for civilian defense in such manner as to promote and assure thesecurity, protection and mobilization of the civilian population of the Statefor the duration of the war and in the interest of State and national defense.

(2)        Order and carry outblackouts, radio silences, evacuations and all other precautionary measuresagainst air raids or other forms of enemy action, and suppress or otherwisecontrol any activity which may aid or assist the enemy.

(3)        Mobilize, coordinateand direct the activities of the police, fire fighting, health, street andhighway repair, public utility, medical and welfare forces and services of theState, of the political subdivisions of the State, and of private agencies andcorporations, and formulate and execute plans for the interchange and use ofsuch forces and services for the mutual aid of the people of the State in casesof air raid, sabotage or other enemy action, fire, flood, famine, violence,riot, insurrection, or other catastrophe or emergency.

(4)        Prohibit, restrict,or otherwise regulate and control the flow of vehicular and pedestrian traffic,and congregation of persons in public places or buildings, lights and noises ofall kinds and the maintenance, extension and operation of public utility andtransportation services and facilities.

(5)        Accept, or authorizeany officer or department of the State to accept, from the federal governmentor any federal agency or instrumentality, or from any other source, grants offunds and grants or loans of equipment, materials, supplies or other propertyfor war or defense purposes, subject to the terms and conditions appertainingto such grants and loans.

(6)        Authorize anydepartment or agency of the State to lease or lend to the army, navy or anyother branch of the armed forces of the United States, any real or personalproperty of the State upon such terms and conditions as he may impose, or, onbehalf of the State, to make a contract directly therefor.

(7)        Authorize thetemporary transfer of personnel of the State for employment by the army, navyor any other branch of the armed forces of the United States and fix the termsand conditions of such transfers.

(8)        At any time when theGeneral Assembly is not in session, suspend, or modify, in whole or in part,generally or in its application to certain classes of persons, firms,corporations or circumstances, any law, rule or regulation with reference tothe subjects hereinafter enumerated, when he shall find and proclaim after suchstudy, investigation or hearings as he may direct, make or conduct, that theoperation, enforcement or application of such law, or any part thereof,materially hinders, impedes, delays or interferes with the proper conduct ofthe war; said subjects being as follows:

a.         The use of theroads, streets, and highways of the State, with particular reference to speedlimits, weights and sizes of motor vehicles, regulations of automobile lightsand signals, transportation of munitions or explosives and parking orassembling of automobiles on highways or any other public place within theState; provided that any changes in the laws referred to in this subdivisionshall be first approved by the Board of Transportation and the Commissioner ofMotor Vehicles of the State;

b.         Public health,insofar as suspension or modification of the laws in reference thereto may bestipulated by the United States Public Health Service or other authoritativeagency of the United States government as being essential in the interest ofnational safety and in the successful prosecution of the war effort; providedthat such suspension or modification of public health laws shall first besubmitted to and approved by the Commission for Public Health;

c.         Labor and industry;provided, however, that any suspension or modification of laws regulating laborand industry shall be only such as are certified by the Commissioner of Laborof the State as being necessary in the interest of national safety and in thefurtherance of the war program; and provided further that any such changes asmay result in an increase in the hours of employment over and above the limitsof the existing statutory provisions shall carry provision for adequateadditional compensation; and provided, further, that no changes in such laws orregulations shall be made as affecting existing contracts between labor andmanagement in this State except with the approval of the contracting parties;

d.         Whenever it shouldbe certified by the Adjutant General of the State that emergency conditionsrequire such procedure, the Governor, with the approval of the Council ofState, shall have the power to call up and mobilize State militia; to providetransportation and facilities for mobilization and full utilization of theState militia, in such emergency; and to allocate from the Contingency andEmergency Fund such amounts as may be necessary for such purposes during the periodof such emergency;

e.         Manufacture, sale,transportation, possession and use of explosives or fireworks, or articles insimulation thereof, and the sale, use and handling of firearms;

(9)        Cooperate withagencies established by or pursuant to the laws of the United States and theseveral states for civilian protection and the promotion of the war effort, andcoordinate and direct the work of the offices and agencies of the State havingduties and responsibilities directly connected with the war effort and theprotection of the civilian population.

(10)      Aid in theadministration and enforcement in this State of any rationing, freezing, price‑fixingor similar order or regulation duly promulgated by any federal officer oragency under or pursuant to the authority of any act of Congress or of anyorder or proclamation of the President of the United States, by makingtemporarily available personnel and facilities of the State to assist in theadministration thereof and/or by adopting and promulgating in this State anorder or regulation substantially embodying the provisions of such federalorder or regulation, filing the same in the office of the Secretary of State,prescribing the penalties for the violation thereof, and specifying the Stateand local officers and agencies to be charged with the enforcement thereof.

(11)      Formulate and executeplans and adopt rules for:

a.         The organization,recruiting, training, maintenance and operation of aircraft warning services,observation and listening posts, information and control centers and such otherservices and facilities as may be necessary for the prompt and accuratereception and transmission of air‑raid warnings and signals;

b.         The organization,recruiting, training, equipment, identification, conduct, powers, duties,rights, privileges and immunities of air‑raid wardens, auxiliary police,auxiliary firemen and of the members of all other auxiliary defense andcivilian protection forces and agencies.

(12)      Adopt, promulgate,publicize and enforce such orders, rules and regulations as may be necessaryfor the proper and effective exercise of the powers granted by this Article,and amend or rescind the same.

(13)      Hold and conducthearings, administer oaths and take testimony, issue subpoenas to compel theattendance of witnesses and the production of relevant books, papers, recordsor documents, in connection with any investigation made by him under theauthority of this Article. (1943, c. 706, s. 2; 1959, c. 337, s. 6; 1973, c. 476,s. 128; c. 507, s. 5; 1999‑456, s. 33(f); 2007‑182, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_147 > GS_147-33_2

§ 147‑33.2.  Emergencywar powers of the Governor.

Upon his own initiative, or onthe request or recommendation of the President of the United States, the army,navy or any other branch of the armed forces of the United States, the federalDirector of Civilian Defense, or any other federal officer, department oragency having duties and responsibilities related to the prosecution of the waror the health, welfare, safety and protection of the civilian population,whenever in his judgment any such action is in the public interest and isnecessary for the protection of the lives or property of the people of theState, or for the defense and security of the State or nation, or for theproper conduct of the war and the successful prosecution thereof, the Governormay, with the approval of the Council of State, at any time and from time totime during the existing state of war:

(1)        Formulate andexecute plans for:

a.         The inventory,mobilization, conservation, distribution or use of food, fuel, clothing andother necessaries of life and health, and of land, labor, materials,industries, facilities and other resources of the State necessary or useful inthe prosecution of the war;

b.         Organization andcoordination of civilian defense in the State in reasonable conformity with theprogram of civilian defense as promulgated from time to time by the Office ofCivilian Defense of the federal government; and, further, to effectuate suchplans for civilian defense in such manner as to promote and assure thesecurity, protection and mobilization of the civilian population of the Statefor the duration of the war and in the interest of State and national defense.

(2)        Order and carry outblackouts, radio silences, evacuations and all other precautionary measuresagainst air raids or other forms of enemy action, and suppress or otherwisecontrol any activity which may aid or assist the enemy.

(3)        Mobilize, coordinateand direct the activities of the police, fire fighting, health, street andhighway repair, public utility, medical and welfare forces and services of theState, of the political subdivisions of the State, and of private agencies andcorporations, and formulate and execute plans for the interchange and use ofsuch forces and services for the mutual aid of the people of the State in casesof air raid, sabotage or other enemy action, fire, flood, famine, violence,riot, insurrection, or other catastrophe or emergency.

(4)        Prohibit, restrict,or otherwise regulate and control the flow of vehicular and pedestrian traffic,and congregation of persons in public places or buildings, lights and noises ofall kinds and the maintenance, extension and operation of public utility andtransportation services and facilities.

(5)        Accept, or authorizeany officer or department of the State to accept, from the federal governmentor any federal agency or instrumentality, or from any other source, grants offunds and grants or loans of equipment, materials, supplies or other propertyfor war or defense purposes, subject to the terms and conditions appertainingto such grants and loans.

(6)        Authorize anydepartment or agency of the State to lease or lend to the army, navy or anyother branch of the armed forces of the United States, any real or personalproperty of the State upon such terms and conditions as he may impose, or, onbehalf of the State, to make a contract directly therefor.

(7)        Authorize thetemporary transfer of personnel of the State for employment by the army, navyor any other branch of the armed forces of the United States and fix the termsand conditions of such transfers.

(8)        At any time when theGeneral Assembly is not in session, suspend, or modify, in whole or in part,generally or in its application to certain classes of persons, firms,corporations or circumstances, any law, rule or regulation with reference tothe subjects hereinafter enumerated, when he shall find and proclaim after suchstudy, investigation or hearings as he may direct, make or conduct, that theoperation, enforcement or application of such law, or any part thereof,materially hinders, impedes, delays or interferes with the proper conduct ofthe war; said subjects being as follows:

a.         The use of theroads, streets, and highways of the State, with particular reference to speedlimits, weights and sizes of motor vehicles, regulations of automobile lightsand signals, transportation of munitions or explosives and parking orassembling of automobiles on highways or any other public place within theState; provided that any changes in the laws referred to in this subdivisionshall be first approved by the Board of Transportation and the Commissioner ofMotor Vehicles of the State;

b.         Public health,insofar as suspension or modification of the laws in reference thereto may bestipulated by the United States Public Health Service or other authoritativeagency of the United States government as being essential in the interest ofnational safety and in the successful prosecution of the war effort; providedthat such suspension or modification of public health laws shall first besubmitted to and approved by the Commission for Public Health;

c.         Labor and industry;provided, however, that any suspension or modification of laws regulating laborand industry shall be only such as are certified by the Commissioner of Laborof the State as being necessary in the interest of national safety and in thefurtherance of the war program; and provided further that any such changes asmay result in an increase in the hours of employment over and above the limitsof the existing statutory provisions shall carry provision for adequateadditional compensation; and provided, further, that no changes in such laws orregulations shall be made as affecting existing contracts between labor andmanagement in this State except with the approval of the contracting parties;

d.         Whenever it shouldbe certified by the Adjutant General of the State that emergency conditionsrequire such procedure, the Governor, with the approval of the Council ofState, shall have the power to call up and mobilize State militia; to providetransportation and facilities for mobilization and full utilization of theState militia, in such emergency; and to allocate from the Contingency andEmergency Fund such amounts as may be necessary for such purposes during the periodof such emergency;

e.         Manufacture, sale,transportation, possession and use of explosives or fireworks, or articles insimulation thereof, and the sale, use and handling of firearms;

(9)        Cooperate withagencies established by or pursuant to the laws of the United States and theseveral states for civilian protection and the promotion of the war effort, andcoordinate and direct the work of the offices and agencies of the State havingduties and responsibilities directly connected with the war effort and theprotection of the civilian population.

(10)      Aid in theadministration and enforcement in this State of any rationing, freezing, price‑fixingor similar order or regulation duly promulgated by any federal officer oragency under or pursuant to the authority of any act of Congress or of anyorder or proclamation of the President of the United States, by makingtemporarily available personnel and facilities of the State to assist in theadministration thereof and/or by adopting and promulgating in this State anorder or regulation substantially embodying the provisions of such federalorder or regulation, filing the same in the office of the Secretary of State,prescribing the penalties for the violation thereof, and specifying the Stateand local officers and agencies to be charged with the enforcement thereof.

(11)      Formulate and executeplans and adopt rules for:

a.         The organization,recruiting, training, maintenance and operation of aircraft warning services,observation and listening posts, information and control centers and such otherservices and facilities as may be necessary for the prompt and accuratereception and transmission of air‑raid warnings and signals;

b.         The organization,recruiting, training, equipment, identification, conduct, powers, duties,rights, privileges and immunities of air‑raid wardens, auxiliary police,auxiliary firemen and of the members of all other auxiliary defense andcivilian protection forces and agencies.

(12)      Adopt, promulgate,publicize and enforce such orders, rules and regulations as may be necessaryfor the proper and effective exercise of the powers granted by this Article,and amend or rescind the same.

(13)      Hold and conducthearings, administer oaths and take testimony, issue subpoenas to compel theattendance of witnesses and the production of relevant books, papers, recordsor documents, in connection with any investigation made by him under theauthority of this Article. (1943, c. 706, s. 2; 1959, c. 337, s. 6; 1973, c. 476,s. 128; c. 507, s. 5; 1999‑456, s. 33(f); 2007‑182, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_147 > GS_147-33_2

§ 147‑33.2.  Emergencywar powers of the Governor.

Upon his own initiative, or onthe request or recommendation of the President of the United States, the army,navy or any other branch of the armed forces of the United States, the federalDirector of Civilian Defense, or any other federal officer, department oragency having duties and responsibilities related to the prosecution of the waror the health, welfare, safety and protection of the civilian population,whenever in his judgment any such action is in the public interest and isnecessary for the protection of the lives or property of the people of theState, or for the defense and security of the State or nation, or for theproper conduct of the war and the successful prosecution thereof, the Governormay, with the approval of the Council of State, at any time and from time totime during the existing state of war:

(1)        Formulate andexecute plans for:

a.         The inventory,mobilization, conservation, distribution or use of food, fuel, clothing andother necessaries of life and health, and of land, labor, materials,industries, facilities and other resources of the State necessary or useful inthe prosecution of the war;

b.         Organization andcoordination of civilian defense in the State in reasonable conformity with theprogram of civilian defense as promulgated from time to time by the Office ofCivilian Defense of the federal government; and, further, to effectuate suchplans for civilian defense in such manner as to promote and assure thesecurity, protection and mobilization of the civilian population of the Statefor the duration of the war and in the interest of State and national defense.

(2)        Order and carry outblackouts, radio silences, evacuations and all other precautionary measuresagainst air raids or other forms of enemy action, and suppress or otherwisecontrol any activity which may aid or assist the enemy.

(3)        Mobilize, coordinateand direct the activities of the police, fire fighting, health, street andhighway repair, public utility, medical and welfare forces and services of theState, of the political subdivisions of the State, and of private agencies andcorporations, and formulate and execute plans for the interchange and use ofsuch forces and services for the mutual aid of the people of the State in casesof air raid, sabotage or other enemy action, fire, flood, famine, violence,riot, insurrection, or other catastrophe or emergency.

(4)        Prohibit, restrict,or otherwise regulate and control the flow of vehicular and pedestrian traffic,and congregation of persons in public places or buildings, lights and noises ofall kinds and the maintenance, extension and operation of public utility andtransportation services and facilities.

(5)        Accept, or authorizeany officer or department of the State to accept, from the federal governmentor any federal agency or instrumentality, or from any other source, grants offunds and grants or loans of equipment, materials, supplies or other propertyfor war or defense purposes, subject to the terms and conditions appertainingto such grants and loans.

(6)        Authorize anydepartment or agency of the State to lease or lend to the army, navy or anyother branch of the armed forces of the United States, any real or personalproperty of the State upon such terms and conditions as he may impose, or, onbehalf of the State, to make a contract directly therefor.

(7)        Authorize thetemporary transfer of personnel of the State for employment by the army, navyor any other branch of the armed forces of the United States and fix the termsand conditions of such transfers.

(8)        At any time when theGeneral Assembly is not in session, suspend, or modify, in whole or in part,generally or in its application to certain classes of persons, firms,corporations or circumstances, any law, rule or regulation with reference tothe subjects hereinafter enumerated, when he shall find and proclaim after suchstudy, investigation or hearings as he may direct, make or conduct, that theoperation, enforcement or application of such law, or any part thereof,materially hinders, impedes, delays or interferes with the proper conduct ofthe war; said subjects being as follows:

a.         The use of theroads, streets, and highways of the State, with particular reference to speedlimits, weights and sizes of motor vehicles, regulations of automobile lightsand signals, transportation of munitions or explosives and parking orassembling of automobiles on highways or any other public place within theState; provided that any changes in the laws referred to in this subdivisionshall be first approved by the Board of Transportation and the Commissioner ofMotor Vehicles of the State;

b.         Public health,insofar as suspension or modification of the laws in reference thereto may bestipulated by the United States Public Health Service or other authoritativeagency of the United States government as being essential in the interest ofnational safety and in the successful prosecution of the war effort; providedthat such suspension or modification of public health laws shall first besubmitted to and approved by the Commission for Public Health;

c.         Labor and industry;provided, however, that any suspension or modification of laws regulating laborand industry shall be only such as are certified by the Commissioner of Laborof the State as being necessary in the interest of national safety and in thefurtherance of the war program; and provided further that any such changes asmay result in an increase in the hours of employment over and above the limitsof the existing statutory provisions shall carry provision for adequateadditional compensation; and provided, further, that no changes in such laws orregulations shall be made as affecting existing contracts between labor andmanagement in this State except with the approval of the contracting parties;

d.         Whenever it shouldbe certified by the Adjutant General of the State that emergency conditionsrequire such procedure, the Governor, with the approval of the Council ofState, shall have the power to call up and mobilize State militia; to providetransportation and facilities for mobilization and full utilization of theState militia, in such emergency; and to allocate from the Contingency andEmergency Fund such amounts as may be necessary for such purposes during the periodof such emergency;

e.         Manufacture, sale,transportation, possession and use of explosives or fireworks, or articles insimulation thereof, and the sale, use and handling of firearms;

(9)        Cooperate withagencies established by or pursuant to the laws of the United States and theseveral states for civilian protection and the promotion of the war effort, andcoordinate and direct the work of the offices and agencies of the State havingduties and responsibilities directly connected with the war effort and theprotection of the civilian population.

(10)      Aid in theadministration and enforcement in this State of any rationing, freezing, price‑fixingor similar order or regulation duly promulgated by any federal officer oragency under or pursuant to the authority of any act of Congress or of anyorder or proclamation of the President of the United States, by makingtemporarily available personnel and facilities of the State to assist in theadministration thereof and/or by adopting and promulgating in this State anorder or regulation substantially embodying the provisions of such federalorder or regulation, filing the same in the office of the Secretary of State,prescribing the penalties for the violation thereof, and specifying the Stateand local officers and agencies to be charged with the enforcement thereof.

(11)      Formulate and executeplans and adopt rules for:

a.         The organization,recruiting, training, maintenance and operation of aircraft warning services,observation and listening posts, information and control centers and such otherservices and facilities as may be necessary for the prompt and accuratereception and transmission of air‑raid warnings and signals;

b.         The organization,recruiting, training, equipment, identification, conduct, powers, duties,rights, privileges and immunities of air‑raid wardens, auxiliary police,auxiliary firemen and of the members of all other auxiliary defense andcivilian protection forces and agencies.

(12)      Adopt, promulgate,publicize and enforce such orders, rules and regulations as may be necessaryfor the proper and effective exercise of the powers granted by this Article,and amend or rescind the same.

(13)      Hold and conducthearings, administer oaths and take testimony, issue subpoenas to compel theattendance of witnesses and the production of relevant books, papers, recordsor documents, in connection with any investigation made by him under theauthority of this Article. (1943, c. 706, s. 2; 1959, c. 337, s. 6; 1973, c. 476,s. 128; c. 507, s. 5; 1999‑456, s. 33(f); 2007‑182, s. 2.)

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