Title: S.L. 1979-1310
Category: Introduced Bills

General Assembly of North Carolina	1979

NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 1310
HOUSE BILL 1744

AN ACT TO PROVIDE FOR BETTER STATE RESPONSE TO MAN-MADE OR NATURAL DISASTERS OR ACCIDENTS AND TO CHANGE CIVIL PREPAREDNESS TO EMERGENCY MANAGEMENT.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 143B-476, as the same is found in Volume 3C of the General Statutes, 1978 Replacement, is hereby amended by adding new subsections (d), (e), (f) and (g) to read as follows:
"(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."
Sec. 2.  Chapter 166A of the North Carolina General Statutes, as the same is found in the 1979 Supplement to Volume 3D of the General Statutes, 1976 Replacement, is hereby renamed the North Carolina Emergency Management Act; this Chapter is further amended by deleting the words "Civil Preparedness" or "civil preparedness", each time they appear, and substituting in lieu thereof the words "Emergency Management" or "emergency management" respectively.
Sec. 3.  Article 13 of Chapter 113A of the General Statutes as the same is found in the 1979 Supplement to Volume 3A, Part II, 1978 Replacement, is hereby repealed.
Sec. 4.  This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 25th day of June, 1980.

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