North Carolina § 166A-19 - Short title.

§ 166A-19. Short title.

This Article may be cited as "North Carolina Emergency Management Act." History (1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, s. 120; 2012-12, s. 1(b).) Editor's Note. - This Chapter is former Chapter 166 , as rewritten by Session Laws 1977, c. 848, and recodified. Where appropriate, the historical citations to the sections in the former Chapter have been added to corresponding sections in the Chapter as rewritten and recodified. Session Laws 2012-12, s. 1, effective October 1, 2012, repealed former Article 1 of Chapter 166A , the North Carolina Emergency Management Act of 1977, and enacted present Article 1A of Chapter 166A in its place. Where appropriate, the historical citations to the sections in former Article 1 have been added to corresponding sections in Article 1A. Many of the cases and Opinions of the Attorney General cited under the various sections in this Article were decided under corresponding sections of former Article 1 of this Chapter. At the end of former Article 1 and preceding new Article 1A are tables showing comparable sections and their disposition in new Article 1A. This section was formerly codified as G.S. 166A-1. It was recodified as G.S. 166A-19 by Session Laws 2012-12, s. 1(b), effective October 1, 2012. Session Laws 2001-424, s. 12.3(b), provides: "The Statewide Floodplain Mapping Unit is transferred from the Office of State Budget and Management to the Department of Crime Control and Public Safety [now the Department of Public Safety], Division of Emergency Management. This transfer has all of the elements of a Type I transfer as defined in G.S. 143A-6." Session Laws 2012-142, s. 6.3(c), (d), provides: "(c) The Department of Public Safety shall (i) coordinate with the federal First Responder Network Authority in continuing to develop and implement the VIPER system; (ii) ensure that the system complies with any standards issued by the Authority; and (iii) ensure that the VIPER system is interoperable with any communications system implemented pursuant to those standards. "(d) The Department of Public Safety shall report to the Joint Legislative Committee on Information Technology and the Joint Legislative Oversight Committee on Justice and Public Safety on a quarterly basis on the progress of the State's VIPER system." Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2013-360, s. 16B.5(a), (b), provides: "(a) It is the intent of the General Assembly to continue to support development and implementation of the State's Voice Interoperability Plan for Emergency Response (VIPER) system in subsequent fiscal years. The Department is hereby authorized to spend up to five million dollars ($5,000,000) during the 2013-2014 fiscal year and ten million dollars ($10,000,000) during the 2014-2015 fiscal year to continue development and implementation of the State's VIPER system by constructing towers that will facilitate system expansion. Notwithstanding any other provision of law, State agencies, offices, commissions, and non-State entities shall not spend more than the amount of State funds authorized in this section for this purpose during the 2013-2015 fiscal biennium. This prohibition shall not be construed to prevent the expenditure of federal funds. This section does not impair or authorize the breach of any contract and instead affects the availability of appropriated funds within the meaning of G.S. 143C-6-8 and the terms of the North Carolina Information Technology Procurement Office General Terms and Conditions for Goods and Related Services related to availability of funds as specified in the applicable contract or contract extension. "(b) The Department of Public Safety shall report to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on a quarterly basis on the progress of the State's VIPER system." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2015-241, s. 16B.2, as amended by Session Laws 2016-94, s. 17B.1, provides: "The Department of Public Safety shall report no later than March 1 and quarterly thereafter to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the progress of the State's VIPER system." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' " Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2018-5, s. 16B.1(a)-(c) provides: "(a) The Department of Public Safety (Department) shall determine the value of all in-kind contributions made by units of local government, the federal government, and nongovernmental entities to support the North Carolina Voice Interoperability Plan for Emergency Responders (VIPER) system. As used in this subsection, an in-kind contribution includes cash, land, buildings, towers, and equipment for VIPER sites. The Department shall report its findings to the Joint Legislative Oversight Committee on Justice and Public Safety by July 1, 2019. "(b) The Department shall increase outreach to VIPER stakeholders beyond those that participate in the State Interoperability Executive Committee. The outreach may include zone or regional meetings conducted by the State Highway Patrol with local chiefs of police, sheriffs, fire chiefs, and representatives of emergency medical services. "(c) The Department shall conduct an annual survey of local, State, and federal users of VIPER in order to track and measure user satisfaction and feedback over time. Beginning November 1, 2019, and annually thereafter, the Department shall report the survey results to the Joint Legislative Oversight Committee on Justice and Public Safety. This subsection expires July 1, 2025." Session Laws 2021-4, s. 4, provides: "The Governor is authorized and empowered to order the closure of a local school administrative unit during the remainder of the 2020-2021 school year only as follows: "(1) The Governor may order, by executive order, an individual local school administrative unit to close to full-time in-person instruction and provide hybrid or remote learning options, or to otherwise close, restrict, or reduce operations within schools of that unit when necessary to protect the health and safety of students and employees in that unit. "(2) For any order issued as provided in subdivision (1) of this section, the Governor shall provide reasons specific to that local school administrative unit for requiring closure, restriction, or reduction in the operation of those schools. The Governor may require such actions for any reason deemed necessary by the Governor. "(3) The Governor shall not order a statewide closure, restriction, or reduction of the operation of schools in a single executive order. "(4) The Governor shall not use the authority granted in Article 1A of Chapter 166A of the General Statutes, or any other provision of law other than the authority granted by this section, to direct the statewide closure, restriction, or reduction of the operation of schools during the 2020-2021 school year."