Senate amendment changes the effective date of the act, as set forth in the 2nd edition, from the date the act becomes law to September 1, 2021.
Bill Summaries: S346 (2021)
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Bill S 346 (2021-2022)Summary date: Apr 27 2021 - View summary
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Bill S 346 (2021-2022)Summary date: Apr 21 2021 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 166A-19.30 by adding that if the Council of State fails to concur with the Governor's executive order exercising power under (a), (b), and (c) of the statute, then the Governor is prohibited from issuing a substantially similar executive order arising from the same events that form the basis to issue the initial executive order that did not receive concurrence.
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Bill S 346 (2021-2022)Summary date: Mar 24 2021 - View summary
Amends GS 166A-19.30 to condition the additional powers granted to the Governor under the statute during a gubernatorially or legislatively declared state of emergency on the concurrence of the Council of State. Makes any executive order issued by the Governor that exercises any of the enumerated powers granted under subsections (a), (b), and (c) of the statute expire 10 calendar days after issuance unless the Council of State concurs; if the Council of State concurs, the order expires 45 calendar days after issuance unless legislatively extended. Prohibits the Governor from issuing a substantially similar executive order arising from the same event as an executive order that was not legislatively extended.
Adds Council of State and executive order to the defined terms in GS 166A-19.3. Adds concurrence of the Council of State and defines the term to mean the consensus, within 10 calendar days of the issuance of an executive order, of a majority of the membership of the Council of State prior to the Governor exercising a power of authority requiring concurrence of the Council of State. Requires the Governor to document the contact with and response of each member and release the member's response, or no response, provided by each member by name and position on the same website in which the executive order is published. Requires simultaneous release of information by the Governor with exercising the stated authority if concurrence is achieved.
