MODERNIZE NC EMERGENCY MANAGEMENT ACT.

View NCGA Bill Details2011-2012 Session
House Bill 843 (Public) Filed Wednesday, April 6, 2011
TO MODERNIZE THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT AND RELATED STATUTES.
Intro. by Martin.

Status: Ch. SL 2012-12 (House Action) (Jun 11 2012)

Bill History:

H 843/S.L. 2012-12

Bill Summaries:

  • Summary date: Jun 12 2012 - More information

    AN ACT TO MODERNIZE THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT AND RELATED STATUTES. Summarized in Daily Bulletin 4/8/11, 5/24/11, 5/31/12, and 6/5/12. Enacted June 11, 2012. Effective October 1, 2012.


  • Summary date: Jun 5 2012 - More information

    Senate amendment makes the following changes to 3rd edition. Amends proposed changes in GS 14-415.4(e)(6) and GS 14-415.12(b)(8) to remove the strike through of references to statutes that are repealed by the act and instead refers to those repealed statutes as “former.”


  • Summary date: May 31 2012 - More information

    Senate committee substitute makes the following changes to 2nd edition.
    I. Changes to Chapter 166A of the General Statutes.
    Section 1.(b): Makes the following changes within this section:
    GS 166A-19. Short title.
    No change from 2nd edition.
    GS 166A-19.1. Purposes.
    No change from 2nd edition.
    GS 166A-19.2. Limitations.
    No change from 2nd edition.
    GS 166A-19.3. Definitions.
    1) Revises subsection (3) to add new definition of disaster declaration as being a gubernatorial declaration that the impact or anticipated impact of an emergency constitutes a disaster of one of the types enumerated in Article 1A of Chapter 166A (specifically, GS 166A-19.21(b)) and renumbers the remaining subsections of this section accordingly.
    2) Makes technical correction to statutory citation in subsection (4).
    3) Amends subsection (6) definition of emergency to delete reference that the term “emergency” is synonymous with the term “disaster” (change made to conform to new definition of “disaster declaration” added in subsection (3)).
    4) Amends subsection (17) by adding the word “federal” to clarify that Hazard Mitigation Grant Program referenced in this subsection is a federal program.
    5) Makes other technical and conforming changes.
    GS 166A-19.10. Powers of the Governor.
    1) Amends subsection (a) to include “mitigation” among the aspects of the state emergency management program.
    GS 166A-19.11. Powers of the Secretary of Public Safety.
    1) Makes technical change to the title of the Department (was Department of Crime Control and Public Safety).
    2) Amends subsection (3) to make grammatical changes and reference “disaster declaration” (was “emergency declaration”).
    GS 166A-19.12. Powers of the Division of Emergency Management.
    1) Makes technical and conforming change to title of the Department (was Department of Crime Control and Public Safety).
    2) Adds new subsection (15) authorizing new power and duty of the Division to utilize and maintain technology enabling efficient and effective communication and management of resources between governmental entities involved in emergency management.
    3) Adds new subsection (16) authorizing new power and duty of the Division to establish and operate a 24-hour operations center to serve as the single point of contact for local governments in emergency and disaster events and to coordinate state and local response assets.
    4) Adds new subsection (17) authorizing new power and duty of the Division to develop, maintain, and implement emergency response plans for fixed nuclear power generating facilities in or near the state.
    5) Adds new subsection (18) authorizing new power and duty of the Division to maintain the state emergency operations center facility to house the state emergency response team when activated for disaster response.
    6) Adds new subsection (19) authorizing new power and duty of the Division to serve as the agency responsible for managing intrastate and interstate mutual aid plans and resource procurement in emergency response and recovery.
    GS 166A-19.15. County and municipal emergency management.
    1) Makes technical conforming change to statutory citation in subsection (f)(4).
    GS 166A-19.20. Gubernatorial or legislative declaration of state of emergency.
    1) Amends subsection (a) to delete reference to Type L emergency (see further discussion on deletion of Type L emergency in summary of changes to GS 166A-19.21 below).
    2) Deletes existing subsections (b), (c), (d), and (e) and recodifies these subsections in GS 166A-19.21.
    3) Adds new language to subsection (b) requiring that an executive or legislative state of emergency declaration must define the area to which the emergency declaration shall apply.
    4) Adds new language to subsection (c) providing that an executive or legislative state of emergency declaration expires when rescinded by the issuing authority.
    5) Adds language to subsection (d) that was previously in GS 166A-19.20(g) of 2nd edition; language provides that exercise of state powers authorized during a declared state of emergency are not contingent on a disaster declaration being issued.
    GS 166A-19.21. Gubernatorial disaster declaration.
    1) Generally, clarifies distinction between a state of emergency declaration and a disaster declaration: a state of emergency declaration may be issued when an emergency exists; a disaster declaration may be issued if the impact of the emergency results in the finding that a disaster has occurred.
    2) Deletes reference to Type L disaster throughout the section; Type L disaster established in 2nd edition in subsection (b)(4) to reference gubernatorial authority to assume control of local authorities and operations when local control is deemed insufficient. Authority now codified in GS 166A-19.30(c) and no longer designated as a Type L disaster (conforming to distinction between state of emergency declaration and disaster declaration). Also deletes subsection (c)(4) relating to expiration of Type L disaster.
    3) Makes other technical and conforming changes to reference “disaster” instead of “emergency” where appropriate.
    GS 166A-19.22. Municipal or county declaration of state of emergency.
    1) Amends subsection (b) to make technical correction to conform to other sections of Article 1A (removes “state of emergency declaration issued pursuant to this section or by ordinance authorized by this section”).
    2) Amends subsection (b)(1) to clarify that governing body declaring state of emergency may designate emergency area in part or all of the governing body’s jurisdiction.
    3) Amends subsection (b)(2) to clarify that a municipal governing body or mayor may consent to or request county emergency restrictions applying within part or all of the municipal jurisdiction (2nd edition required request or consent by resolution adopted by the municipal governing body).
    4) Amends subsection (b)(3) to add authorizations under this subsection be exercised by the board of commissioners or the board chairman (board of commissioners not included in 2nd edition).
    GS 166A-19.23. Excessive pricing prohibitions
    Adds new section to cross-reference prohibitions against excessive pricing during states of disaster, emergency, or abnormal market disruptions established in existing law under GS 75-37 and 75-38.
    GS 166A-19.30. Additional powers of the Governor during a state of emergency.
    1) Amends subsection (a) and (b) to delete reference to Type L disaster.
    2) Revises subsection (c) to delete reference to Type L disaster and incorporates language in GS 166A-19.20(d)(4) in 2nd edition that provides for circumstances under which Governor may assume control over local authorities and operations during a state of emergency.
    GS 166A-19.31. Powers of municipalities and counties to enact ordinances to deal with states of emergency.
    1) Amends subsection (a) to make technical conforming change to statutory reference (GS 166A-19.22).
    2) Amends subsection (b)(1) to specifically include imposing a curfew among the authorized restrictions and prohibitions and clarifies that evacuations may be ordered as voluntary or mandatory.
    3) Amends subsection (b)(4) to provide that restrictions and prohibitions imposed on dangerous weapons and substances shall not apply to lawfully possessed firearms or ammunition. The term “dangerous weapons and substances” is defined in GS 14-288.1, and the term “firearm” is defined in GS 14-409.39(2) (subsection amended in response to federal court decision on constitutional challenge to existing GS 14-288.12(b) and related statutes).
    4) Amends subsection (e)(1) to clarify that a prohibition or restriction imposed under a local state of emergency declaration may be terminated by either the official or entity that imposed it (was “governing board” in 2nd edition).
    5) Amends subsection (g) to specify October 1, 2012, to conform to the effective date of the act.
    GS 166A-19.40. Use of contingency and emergency funds.
    No change from 2nd edition.
    GS 166A-19.41. State emergency assistance funds.
    Amends subsection (b)(2)a.4. to delete reference to Type L disaster.
    GS 166A-19.42. State Emergency Response Account.
    No change from 2nd edition.
    GS 166A-19.60. Immunity and exemption.
    Amends subsection (b)(1)b. to make technical change to statutory reference (GS 166A-19.22).
    GS 166A-19.61. No private liability.
    No change from 2nd edition.
    GS 166A-19.62. Civil liability of persons who willfully ignore a warning in an emergency.
    Makes technical change to title of statute to read “emergency” instead of “disaster.”
    GS 166A-19.70. Ensuring availability of emergency supplies and utility services.
    Amends subsection (b) to make technical change to title of Department from Crime Control and Public Safety to Public Safety.
    GS 166A-19.71. Accept services, gifts, grants, and loans.
    No change from 2nd edition.
    GS 166A-19.72. Establishment of mutual aid agreements.
    No change from 2nd edition.
    GS 166A-19.73. Compensation.
    No change from 2nd edition.
    GS 166A-19.74. Nondiscrimination in emergency management.
    No change from 2nd edition.
    GS 166A-19.75. Emergency management personnel.
    No change from 2nd edition.
    GS 166A-19.76. Leave options for voluntary firefighters, rescue squad workers, and emergency medical service personnel called into service.
    No change from 2nd edition.
    GS 166A-19.77. Division of Forest Resources designated as emergency response agency.
    No change from 2nd edition.
    GS 166A-19.78. Governor’s power to order evacuation of public building.
    No change from 2nd edition.
    GS 166A-19.79. Severability.
    No change from 2nd edition.
    Section (1).(c).
    No change from 2nd edition.
    Section (1).(d).
    No change from 2nd edition.
    II. Conforming Changes
    Changes made to Sections 2.(g), (i), (j), (k), (l), (m), (n), (r), (cc), and (ww) are technical and conforming except for the following:
    Section 2.(c)
    Repeals GS 166A-288.7, which imposed an automatic prohibition against the possession and use of a dangerous weapon off one’s premises when in the vicinity of a riot or during a state of emergency (statute repealed in response to federal court decision on constitutional challenge to this statute).


  • Summary date: May 24 2011 - More information

    House amendment makes the following change to 1st edition. Amends the act to specify the effective date is October 1, 2011, for the entire act (previously amendments to GS 14-415.4(c)(6) were effective February 1, 2011).


  • Summary date: Apr 8 2011 - More information

    Repeals Article 1 of GS Chapter 166A, the NC Emergency Management Act of 1977, with the exception of GS 166A-6.1, which is recodified as GS 166A-29. Enacts new Article 1A of GS Chapter 166A, entitled the NC Emergency Management Act. The new Article is largely a reorganization of existing law.
    Part 1 of new Article 1A outlines the purposes of the Act (GS 166A-19.1) and specifies several limitations on the scope of the Act (GS 166A-19.2). It also defines key terms used in the Act, including emergency, and state of emergency (GS 166A-19.3). Notably, the term “emergency” is defined to be synonymous with the term “disaster.”
    Part 2 governs the emergency management system at the state level, specifying the respective powers of the Governor (GS 166A-19.10), the Secretary of Crime Control and Public Safety (GS 166A-19.11), and the Division of Emergency Management (GS 166A-19.12).
    Part 3 (GS 166A-19.15) addresses local emergency management authority. Holds governing bodies of counties responsible for local emergency management and allows for local emergency management agencies (county, city, or joint city-county). Specifies additional emergency powers granted to local governments and requirements that govern county eligibility for state and federal financial assistance.
    Part 4 governs declarations of states of emergency. GS 166A-19.20 authorizes the Governor or the General Assembly (by resolution) to declare a state of emergency and specifies several different categories of emergencies, the conditions that apply to such emergencies and the expirations of such declarations. Identifies a new category of emergency (“Type L Emergency”). While the category of emergency is new, the authority provided for in this category already exists in current GS 14-288.15. GS 166A-19.21 outlines the authority of local governments to declare a state of emergency including the geographical area covered by such declarations, the expiration of the declarations and the effect of the declaration.
    Part 5 specifies additional powers granted to the Governor during a state of emergency (GS 166A-19.30). Also authorizes local governments to enact ordinances governing states of emergency and specifies limitations placed on such ordinances.
    Part 6 governs funding of emergency preparedness and response. GS 166A-19.40 outlines when the Governor may use certain funds and GS 166A-19.41 specifies when the Governor may make state funds available for certain types of emergency assistance. GS 166A-19.42 establishes the State Emergency Response Account as a reserve in the General Fund and authorizes the Governor to use funds in the account under certain circumstances.
    Part 7 addresses immunity and liability of governmental officials and private entities involved in emergency management activities governed by the Act (consistent with current law).
    Part 8 includes several miscellaneous provisions addressing issues such as curfews and ensuring availability of supplies during emergencies, accepting gifts, grants and loans, mutual aid agreements with other states and the federal government, compensation for the taking and use of property, nondiscrimination, and emergency management personnel.
    Adds new GS 14-288.20A to make it a Class 2 misdemeanor for violations of requirements in ordinances, declarations or executive orders issued or adopted under the emergency management authority or to willfully refuse to leave a building as directed by an evacuation order issued by the Governor.
    Makes conforming changes to multiple statutory sections. With the exception of one provision, changes are effective October 1, 2011. A conforming change to GS 14-415.4(e)(6) related to a petitioners request to restore rights to carry firearms is effective February 1, 2011.


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