When the State or a local government declares a State of
Emergency there are always some questions as to what that means. This blog post
is meant to help explain this process and what it means to the general public
and local government.
A simple explanation of “State of Emergency” as defined by
General Statute:
In NC a few of the things a declaration of a State of
Emergency does is allow state and local governments to suspend “normal”
operations and gives authority to local governments to enter into agreements
with disaster relief organizations and provide for response to an emergency and
help with the recovery and clean up operations after a storm or disaster.
The following is an excerpt from the North
Carolina Emergency Management Act explaining the power the act gives the government
during a declared “state of emergency.”
(5)
To enter into agreements with the American National Red Cross, Salvation Army,
Mennonite Disaster Service, and other disaster relief organizations.
(6)
To make, amend, or rescind mutual aid agreements in accordance with G.S.
166A-19.72.
(7)
To utilize the services, equipment, supplies, and facilities of existing
departments, offices, and agencies of the State and of the political
subdivisions thereof. The officers and personnel of all such departments,
offices, and agencies are required to cooperate with and extend such services
and facilities to the Governor upon request. This authority shall extend to a
state of emergency declared pursuant to G.S. 166A-19.20, to the imminent threat
of an emergency that will likely require an emergency to be declared pursuant
to G.S. 166A-19.20, or to emergency management planning and training purposes.
(8)
To agree, when required to obtain federal assistance in debris removal, that
the State will indemnify the federal government against any claim arising from
the removal of the debris.
(9)
To sell, lend, lease, give, transfer, or deliver materials or perform services
for emergency purposes on such terms and conditions as may be prescribed by any
existing law, and to account to the State Treasurer for any funds received for
such property.
(10) In
an emergency, or when requested by the governing body of a political
subdivision in the State, to assume operational control over all or any part of
the emergency management functions within this State.
The NC Emergency Management Act
can be found in it’s entirety at http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_166A.html
