Current through the 2023 Legislative Sessions
Section 37-17.1-06 - State division of homeland security1. The division of homeland security must have professional, technical, secretarial, and clerical employees as necessary for the performance of its functions. The director of the division shall fix the compensation of the staff in conformity with state merit system regulations and may make such expenditures within the appropriations therefor, or from other funds made available to the director for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.2. The division of homeland security shall prepare and maintain a state disaster plan and keep it current, which plan may include provisions for: a. Averting or minimizing the injury and damage caused by disasters or emergencies.b. Prompt and effective response to a disaster or emergency.d. Identification of areas particularly vulnerable to a disaster or emergency.e. Recommendations for zoning, building, and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other mitigation and preparedness measures.f. Assistance to local officials in developing and maintaining local and regional emergency management systems.g. Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from any disaster or emergency.h. Preparation and distribution of emergency management assistance program guidance to the appropriate state and local officials.i. Organization of manpower and chains of command.j. Coordination of federal, state, regional, and local emergency management activities.k. Coordination of state disaster or emergency operations plans with the disaster or emergency plans of the federal government.l. Other necessary matters.3. The division of homeland security shall provide technical assistance for the development and revision of local and regional disaster or emergency operations plans prepared under section 37-17.1-07.4. In preparing and revising state disaster or emergency plans, the division of homeland security shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic, and volunteer organizations and community leaders. In advising local and regional emergency management organizations, the division shall encourage them also to seek advice from these sources.5. State disaster or emergency plans or any parts thereof have the force of law upon implementation by the governor.6. The division of homeland security, in coordination with lead and support agencies, shall: a. Coordinate the procurement of supplies, materials, and equipment during disaster or emergency operations.b. Provide guidance and standards for local and regional disaster or emergency operational plans.c. Periodically review local and regional disaster or emergency operational plans.d. Coordinate state or state and federal assistance to local and regional emergency management organizations.e. Establish and operate or assist local and regional emergency management organizations to establish and operate training programs and programs for emergency public information.f. Make surveys of industries, resources, and facilities, within the state, both public and private, as are necessary to carry out the purposes of this chapter. The use of sensitive and proprietary logistical data submitted to the state in confidence by individual industries and suppliers must be accorded full confidentiality and will be released only in aggregate form.g. Plan and make arrangements for the availability and use of any private facilities, services, and property, and, if necessary and if in fact used, coordinate payment for that use under terms and conditions agreed upon.h. Establish access to a register of persons with types of training and skills important in prevention, mitigation, preparedness, response, and recovery.i. Establish access to a register of equipment and facilities available for use in a disaster or emergency.j. Prepare, for issuance by the governor, executive orders, proclamations, and guidance as necessary or appropriate in managing a disaster or emergency.k. Coordinate and may enter agreements with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster mitigation, preparation, response, and recovery.l. Be the state search and rescue coordinating agency, establish access to a register of search and rescue equipment and personnel in the state, and plan for its effective utilization.m. Do other things necessary, incidental, or appropriate for the implementation of this chapter.7. The division of homeland security shall serve as a central information dissemination point and repository for initial notification information for spills and discharges in the state for hazardous chemicals as defined in section 37-17.1-07.1, oil, gas, and saltwater. The division shall develop processes to ensure proper state and federal agencies that have oversight responsibilities are promptly notified. The division shall also provide notice to local emergency management officials within a time that is consistent with the level of emergency.Amended by S.L. 2013, ch. 268 (HB 1149),§ 1, eff. 8/1/2013.