§ 166A-7. County and municipal emergency management. - North Carolina Statutes

§ 166A‑7.  County andmunicipal emergency management.

(a)        The governing bodyof each county is responsible for emergency management, as defined in G.S. 166A‑4,within the geographical limits of such county. All emergency management effortswithin the county will be coordinated by the county, including activities ofthe municipalities within the county.

(1)        The governing bodyof each county is hereby authorized to establish and maintain an emergencymanagement agency for the purposes contained in G.S. 166A‑2.

(2)        The governing bodyof each county which establishes an emergency management agency pursuant tothis authorization will appoint a coordinator who will have a directresponsibility for the organization, administration and operation of the countyprogram and will be subject to the direction and guidance of such governingbody.

(3)        In the event anycounty fails to establish an emergency management agency, and the Governor, inhis discretion, determines that a need exists for such an emergency managementagency, then the Governor is hereby empowered to establish an emergencymanagement agency within said county.

(b)        All incorporatedmunicipalities are authorized to establish and maintain emergency managementagencies subject to coordination by the county.

(b1)      Counties andincorporated municipalities are authorized to form joint emergency managementagencies composed of a county and one or more municipalities within thecounty's borders, between two or more counties, or between two or more countiesand one or more municipalities within the borders of those counties.

(c)        Each county andincorporated municipality in this State is authorized to make appropriationsfor the purposes of this Article and to fund them by levy of property taxespursuant to G.S. 153A‑149 and G.S. 160A‑209 and by the allocationof other revenues, whose use is not otherwise restricted by law.

(d)        In carrying out theprovisions of this Article each political subdivision is authorized:

(1)        To appropriate andexpend funds, make contracts, obtain and distribute equipment, materials, andsupplies for emergency management purposes and to provide for the health andsafety of persons and property, including emergency assistance, consistent withthis Article;

(2)        To direct andcoordinate the development of emergency management plans and programs inaccordance with the policies and standards set by the Division of EmergencyManagement, consistent with federal and State laws and regulations;

(3)        To assign and makeavailable all available resources for emergency management purposes for servicewithin or outside of the physical limits of the subdivision; and

(4)        To delegate powersin a local state of emergency under G.S. 166A‑8 to an appropriateofficial.

(5)        To coordinate thevoluntary registration of functionally and medically fragile persons in need ofassistance during a disaster either through a registry established by thissubdivision or by the State. All records, data, information, correspondence,and communications relating to the registration of persons with special needsor of functionally and medically fragile persons obtained pursuant to this sub‑subdivisionare confidential and are not a public record pursuant to G.S. 132‑1 orany other applicable statute, except that this information shall be availableto emergency response agencies, as determined by the local emergency managementdirector. This information shall be used only for the purposes set forth inthis subdivision.

(e)        Each county whichestablishes an emergency management agency pursuant to State standards andwhich meets requirements for local plans and programs may be eligible toreceive State and federal financial assistance, including State and federalfunding appropriated for emergency management planning and preparedness, and forthe maintenance and operation of a county emergency management program. Suchfinancial assistance is subject to an appropriation being made for thispurpose. Where the appropriation does not allocate appropriated funds amongcounties, the amount allocated to each county shall be determined annually bythe Division of Emergency Management. The size of this allocation shall bebased in part on the degree to which local plans and programs meet Statestandards and requirements promulgated by the Division, including thoserelating to professional competencies of local emergency management personnel.However, in making an allocation determination, the Division shall, whereappropriate, take into account the fact that a particular county may lacksufficient resources to meet the standards and requirements promulgated by theDivision.  (1951,c. 1016, s. 6; 1953, c. 1099, s. 4; 1957, c. 950, s. 2; 1959, c. 337, s. 5;1973, c. 620, s. 9; 1975, c. 734, ss. 12, 14, 16; 1977, c. 848, s. 2; 1979, 2ndSess., c. 1310, s. 2; 1995, c. 509, ss. 126, 127; 2009‑196, s. 2; 2009‑225,s. 2.)