143B-602. Powers and duties of the Secretary of Public Safety.
The Secretary of Public Safety shall have the powers and duties as are conferred on the Secretary by this Article, delegated to the Secretary by the Governor, and conferred on the Secretary by the Constitution and laws of this State. These powers and duties include the following:
(1) Provision of assistance to other agencies. - The Secretary, through appropriate subunits of the Department, shall, at the request of the Governor, provide assistance to State and local law enforcement agencies, district attorneys, and judges when called upon by them and so directed.
(2) Coordination of government subunits emergencies. - In the event that the Governor, in the exercise of the Governor's constitutional and statutory responsibilities, shall deem it necessary to utilize the services of more than one subunit of State government to provide protection to the people from natural or man-made disasters or emergencies, including, but not limited to, wars, insurrections, riots, civil disturbances, or accidents, the Secretary, under the direction of the Governor, shall serve as the chief coordinating officer for the State between the respective subunits so utilized.
(3) Allocation of State resources during emergencies. - Whenever the Secretary exercises the authority provided in subdivision (2) of this section, the Secretary 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.
(4) Reporting of emergencies to the Secretary. - 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.
(5) Rule making. - The Secretary is authorized to adopt rules and procedures for the implementation of this section.
(6) Powers of Governor and Council of State not superseded. - 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.
(7) Reporting required prior to grant awards. - Prior to any notification of proposed grant awards to State agencies for use in pursuing the objectives of the Governor's Crime Commission pursuant to sub-subdivisions a. through g. of subdivision (8) of this section, the Secretary shall report to the Senate and House of Representatives Appropriations Committees for review of the proposed grant awards.
(8) Other powers and duties. - The Secretary has the following additional powers and duties:
a. Accepting gifts, bequests, devises, grants, matching funds, and other considerations from private or governmental sources for use in promoting the work of the Governor's Crime Commission.
b. Making grants for use in pursuing the objectives of the Governor's Crime Commission.
c. Adopting rules as may be required by the federal government for federal grants-in-aid for criminal justice purposes and to implement and carry out the regulatory and enforcement duties assigned to the Department of Public Safety as provided by the various commercial vehicle, oversize/overweight, motor carrier safety, motor fuel, and mobile and manufactured home statutes.
d. Ascertaining the State's duties concerning grants to the State by the Law Enforcement Assistance Administration of the United States Department of Justice, and developing and administering a plan to ensure that the State fulfills its duties.
e. Administering the Assistance Program for Victims of Rape and Sex Offenses.
f. Appointing, with the Governor's approval, a special police officer to serve as Chief of the State Capitol Police Division.
g. Appointing an employee of the Division of Administration to be the central point of contact for any federal surplus property or purchasing programs.
h. Being responsible for federal and State liaison activities, victim services, the Victim Services Warehouse, and the storage and management of evidence and other contents housed in the warehouse, and public affairs. (2011-145, s. 19.1(b); 2013-289, s. 3; 2015-241, s. 16A.7(g); 2017-57, s. 16B.10(d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143B - Executive Organization Act of 1973
Article 13 - Department of Public Safety.
§ 143B-601 - Powers and duties of the Department of Public Safety[Effective until January 1, 2023]
§ 143B-602 - Powers and duties of the Secretary of Public Safety.
§ 143B-602.1 - Annual report on trooper training reimbursement agreements.
§ 143B-602.2 - Annual report on grant funds received or preapproved for receipt.
§ 143B-603.1 - Continuously Operating Reference Station Fund.
§ 143B-604 - State Reentry Council Collaborative[Recodified effective January 1, 2023 see note]
§ 143B-707 - Reports to the General Assembly[Recodified effective January 1, 2023 see note]
§ 143B-707.4 - Annual report on safekeepers[Recodified effective January 1, 2023 see note]
§ 143B-707.5 - Medicaid services for inmates[Recodified effective January 1, 2023 see note]
§ 143B-708 - Community service program[Recodified effective January 1, 2023 see note]
§ 143B-709 - Security Staffing[Recodified effective January 1, 2023 see note]
§ 143B-721.1 - Parole eligibility reports[Recodified effective January 1, 2023 see note]
§ 143B-805 - Definitions[Effective until January 1, 2023]
§ 143B-807 - Authority to contract with other entities.
§ 143B-808 - Authority to assist private nonprofit foundations.
§ 143B-809 - Teen court programs[Effective until January 1, 2023]
§ 143B-810 - Youth Development Center annual report.
§ 143B-811 - Annual evaluation of intensive intervention services.
§ 143B-812 - Annual report on complaints against certain juveniles[Effective until January 1, 2023]
§ 143B-815 - Juvenile facilities[Effective until January 1, 2023]
§ 143B-817 - Compensation to juveniles in care[Effective until January 1, 2023]
§ 143B-818 - Visits and community activities[Effective until January 1, 2023]
§ 143B-819 - Regional detention services[Effective until January 1, 2023]
§ 143B-820 - State subsidy to county detention facilities[Effective until January 1, 2023]
§ 143B-821 - Authority for implementation[Effective until January 1, 2023]
§ 143B-822 - Juvenile facility monthly commitment report.
§ 143B-830 - Duties and powers of chief court counselors[Effective until January 1, 2023]
§ 143B-831 - Duties and powers of juvenile court counselors.
§ 143B-845 - Legislative intent.
§ 143B-846 - Creation; method of appointment; membership; chair and vice-chair.
§ 143B-847 - Terms of appointment.
§ 143B-848 - Vacancies; removal.
§ 143B-849 - Meetings; quorum.
§ 143B-850 - Compensation of members.
§ 143B-851 - Powers and duties[Effective until January 1, 2023]
§ 143B-852 - Department of Public Safety to report on Juvenile Crime Prevention Council grants.
§ 143B-853 - Funding for programs[Effective until January 1, 2023]
§ 143B-900 - Recodified as G.S143B-911 by Session Laws 2014-100, s17.1(i), effective July 1, 2014.
§ 143B-903 - Collection of traffic law enforcement statistics.
§ 143B-904 - Collection of statistics on the use of deadly force by law enforcement officers.
§ 143B-905 - Criminal Information Network.
§ 143B-906 - Criminal statistics.
§ 143B-907 - Public law enforcement database regulation.
§ 143B-911 - Creation of State Capitol Police Division; powers and duties.
§ 143B-915 - Bureau of Investigation created; powers and duties.
§ 143B-918 - Transfer of personnel.
§ 143B-921 - Use of private investigators limited.
§ 143B-922 - Investigations of child sexual abuse in child care.
§ 143B-923 - Cooperation of local enforcement officers.
§ 143B-925 - Study and report on use of pseudoephedrine products to make methamphetamine.
§ 143B-927 - Personnel of the State Bureau of Investigation.
§ 143B-929 - Operation and management of Information Sharing and Analysis Center.
§ 143B-930 - Criminal history background investigations; fees.
§ 143B-931 - Criminal record checks of school personnel.
§ 143B-933 - Criminal record checks for foster care.
§ 143B-934 - Criminal record checks of child care providers.
§ 143B-938 - Criminal record checks of McGruff House Program volunteers.
§ 143B-942 - Criminal record checks of applicants for licensure as massage and bodywork therapists.
§ 143B-945 - Criminal record checks for municipalities and county governments.
§ 143B-946 - Criminal record checks of applicants for locksmith licensure or apprentice designation.
§ 143B-949 - Criminal record checks of applicants for licensure and licensees.
§ 143B-950 - Criminal record checks for the Judicial Department.
§ 143B-951 - Criminal record checks for the Department of Information Technology.
§ 143B-952 - Criminal record checks of EMS personnel.
§ 143B-953 - Criminal record checks of applicants for licensure as chiropractic physicians.
§ 143B-959 - Criminal record checks of petitioners for restoration of firearms rights.
§ 143B-965 - Criminal record checks of applicants and recipients of programs of public assistance.
§ 143B-966 - Criminal record checks for the Office of State Controller.
§ 143B-967 - Criminal record checks for the Department of Revenue.
§ 143B-968 - Criminal record checks for the Office of State Human Resources.
§ 143B-970 - Criminal record checks for employees of county boards of elections.
§ 143B-972 - National criminal record checks for child care institutions.
§ 143B-973 - Criminal record checks for the Legislative Services Commission.
§ 143B-974 - Criminal record checks for sheriffs.
§ 143B-976 - (Effective July 1, 2023) Criminal record check for platform licensees.
§ 143B-981 - The National Crime Prevention and Privacy Compact.
§ 143B-986 - Authority to provide protection to certain public officials.
§ 143B-987 - Authority to designate areas for protection of public officials.
§ 143B-990 - Creation of Alcohol Law Enforcement Division of the Department of Public Safety.
§ 143B-1000 - Division of Emergency Management of the Department of Public Safety.
§ 143B-1010 - North Carolina Center for Missing Persons established.
§ 143B-1012 - Control of the Center.
§ 143B-1013 - Secretary to adopt rules.
§ 143B-1014 - Submission of missing person reports to the Center.
§ 143B-1015 - Dissemination of missing persons data by law-enforcement agencies.
§ 143B-1016 - Responsibilities of Center.
§ 143B-1018 - Release of information by Center.
§ 143B-1020 - Improper release of information; penalty.
§ 143B-1021 - North Carolina AMBER Alert System established.
§ 143B-1022 - North Carolina Silver Alert System established.
§ 143B-1023 - North Carolina Blue Alert System established.
§ 143B-1030 - Civil Air Patrol Section - powers and duties.
§ 143B-1031 - Personnel and benefits.
§ 143B-1032 - State liability.
§ 143B-1040 - Office of Recovery and Resiliency.
§ 143B-1041 - Interagency coordination.
§ 143B-1101 - Governor's Crime Commission powers and duties.
§ 143B-1103 - Additional duties of the Grants Management Section.
§ 143B-1104 - Recodified as G.S143B-853 by Session Laws 2020-83, s5, effective July 1, 2020.
§ 143B-1105 - Grants reporting.
§ 143B-1150 - Short title[Recodified effective January 1, 2023 see note]
§ 143B-1151 - Legislative policy[Recodified effective January 1, 2023 see note]
§ 143B-1152 - Definitions[Recodified effective January 1, 2023 see note]
§ 143B-1154 - Eligible population[Recodified effective January 1, 2023 see note]
§ 143B-1156 - Contract for services[Recodified effective January 1, 2023 see note]
§ 143B-1161 - Justice Reinvestment Council[Recodified effective January 1, 2023 see note]
§ 143B-1200 - Assistance Program for Victims of Rape and Sex Offenses.
§ 143B-1201 - Restitution; actions.
§ 143B-1203 - Transfer; definitions.
§ 143B-1205 - Compensation and expenses of Board members; travel reimbursements.