CLARIFY EMERGENCY POWERS. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 105 (Public) Filed Thursday, February 21, 2019
AN ACT TO CLARIFY THE EXPIRATION OF A STATE OF EMERGENCY AND THE EXERCISE OF CERTAIN POWERS UNDER A STATE OF EMERGENCY AND TO CLARIFY THE ABATEMENT OF STATEWIDE IMMINENT HAZARDS.
Intro. by J. Jackson, J. Davis, Britt.

Status: Failed To Override Veto (Jul 8 2020)

SOG comments (2):

Long title change

House committee substitute to the 2nd edition changed the long title.  Original title was AN ACT TO IMPLEMENT REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT (PRISM) PROGRAM.

Long title change

House committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO SEND A TAX REFUND TO TAXPAYERS WITH A NET NORTH CAROLINA TAX LIABILITY FOR 2018 AND TO APPROPRIATE FUNDS TO THE CITY OF ROANOKE RAPIDS TO REDUCE THE EXISTING DEBT INCURRED TO FINANCE THE ROANOKE RAPIDS THEATRE.

Bill History:

S 105

Bill Summaries:

  • Summary date: Jul 2 2020 - More information

    The Governor vetoed the act on 07/02/20. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2019/8614/0/S105-BD-NBC-8604


  • Summary date: Jun 24 2020 - More information

    House amendment makes the following changes to the 4th edition.

    Modifies the proposed changes to GS 166A-19.20 to provide for the expiration of a gubernatorially or legislatively declared statewide state of emergency 48 hours after issuance without concurrence of the Council of State (previously, the earlier of the date the declaration is rescinded or 30 days after the declaration). Allows for 30-day extensions with concurrence of the Council of State. Eliminates proposed subsection (e) regarding extension with concurrence. 

    Modifies the proposed changes to GS 166A-19.3 to define concurrence of the Council of State to mean the consensus, within 48 hours of contact, of a majority of the Council of State prior to the Governor exercising a power or authority requiring a concurrence of the Council of State. Maintains the requirement for the Governor to make contact with each member, documenting the contact and response of each member, and releasing member responses. Now requires release of information prior to or simultaneously with exercising GS Chapter 166A authority if consensus is achieved (previously, did not specify consensus qualification). Also defines Council of State, including nine specified State executive officers and any interim officer or acting officer appointed pursuant to the NC Constitution. 

    Eliminates the proposed changes to GS 166A-19.30(c), which conditioned the additional powers of the Governor in the event of insufficient local control of a gubernatorially or legislatively declared state of emergency to assure adequate protection for lives and property, upon concurrence of the Council of State. Instead, amends the statute to require, upon exercise of the additional powers of the Governor in subsection (c), (1) the Governor to immediately notify the affected local authorities and (2) the duration of subdivision (c)(1) powers (regarding prohibitions and restrictions imposed in the emergency area) be limited to 48 hours without a concurrence of the Council of State, and requires concurrence of the Council of State for any extension beyond 48 hours for up to 30 days at a time. 

    Makes a technical correction to the proposed changes to GS 130A-20.


  • Summary date: Jun 23 2020 - More information

    House committee substitute makes the following changes to the 3rd edition. Deletes the content of the 3rd edition and replaces it with the following.

    Amends GS 166A-19.20 to provide for the expiration of a gubernatorially or legislatively declared statewide state of emergency upon the earlier of the date the declaration is rescinded or 30 days after the declaration (current law provides for expiration upon rescission only for both statewide and non-statewide declarations). Adds new subsection (e) to allow for an extension of a statewide declaration upon concurrence of the Council of State.

    Amends GS 166A-19.3 to define concurrence of the Council of State to mean the Governor making contacts with each member, documenting the contact and response of each member, and releasing member responses prior to or simultaneously with exercising GS Chapter 166A authority. Also defines statewide emergency area to mean any emergency area applicable to two-thirds or more of the counties in the state.

    Amends GS 166A-19.30 to condition the additional powers of the Governor in the event of insufficient local control of a gubernatorially or legislatively declared state of emergency to assure adequate protection for lives and property, upon concurrence of the Council of State.

    Amends GS 130A-20, which provides authority for the Secretary of Health and Human Services (Secretary), Secretary of Environmental Quality, and local health directors to order abatement of an imminent hazard; enter upon property and take abatement action upon noncompliance after notice; and take a lien on the property for cost of abatement. Separates the authority of the Secretaries from the local health directors. Clarifies that the authority of local health directors applies to specific properties.

    Adds new subsection (c) to grant the Secretary the authority to determine that a class or category of property uses presents an imminent hazard and to order persons in control of that type of class or category of property uses to abate the imminent hazard upon notification to the Governor and the Governor's receipt of concurrence of the Council of State. Explicitly prohibits any action to close a category or class of properties without a concurrence of the Council of State. Allows the Secretary to enter the property and take necessary abatement actions for noncompliance with the order after notice or a reasonable attempt to notify the persons in control of a specific property. Deems the Secretary of Environmental Quality to share the rights set out in new subsection (c) to enforce the waste management and drinking water regulations of Articles 9 and 10. Aligns the defined terms concurrence of Council of State, and statewide, with the new terms set out in GS 166A-19.3, as amended. 

    Makes conforming changes to the act's titles.


  • Summary date: Oct 31 2019 - More information

    House committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.

    Part I.

    Directs the Department of Revenue (DOR) to issue refund checks for overpayments that result from a tax credit allowed to a qualifying North Carolina taxpayer. Directs DOR to automatically apply the credit to a qualifying taxpayer's tax return instead of a qualifying taxpayer claiming the tax credit. Requires that an explanatory insert be included with the check. Requires that the checks be mailed on on before October 1, 2020. Sets the refund amount as the lesser of the amount of tax due or the following: (1) $250 for married filing jointly; (2) $125 for all other taxpayers. Requires a taxpayer to have filed an individual income tax return for 2018 by October 15, 2019, in order to qualify for the refund. Provides that a tax refund issued under these provisions is subject to overpayment setoff under GS Chapter 105A, the Setoff Debt Collection Act, or under another setoff debt collection program authorized by law. Requires the State Controller to reserve funds necessary to issue the refunds from the General Fund, and provides that to the extent the funds are required to be appropriated, the funds are appropriated.

    Appropriates $5,560,000 in nonrecurring funds for 2019-20 from the General Fund to DOR to cover costs incurred for implementing these requirements. 

    Part II.

    Appropriates $7.5 million in nonrecurring funds for 2019-20 from the General Fund to the Office of State Budget and Management (OSBM) to be provided to the City of Roanoke Rapids to reduce the existing debt incurred by the City to finance the Roanoke Rapids Theatre. Reverts the funds to the General Fund if not disbursed by August 31, 2020. Requires the following conditions to be met before OSBM may disburse the funds to the City: (1) the City must have applied to the Local Government Commission for approval of a plan to apply the appropriated funds to reduce the existing debt incurred by the City to finance the Roanoke Rapids Theatre, which plan must include a proposal for the payment of the existing debt that is not prepaid; and (2) the Local Government Commission must have approved the application.

    Makes conforming changes to the act's titles. 


  • Summary date: Mar 6 2019 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Makes technical changes to the proposed additions to GS 20-54 and GS 20-110, which require the DMV to deny, cancel, or rescind registration of a vehicle of a motor carrier under certain circumstances.


  • Summary date: Feb 21 2019 - More information

    Enacts new GS 20-43.3 to allow the Division of Motor Vehicles (DMV) to collect and maintain motor carrier or commercial motor vehicle data in a manner that complies with the information system established by the US Secretary of Transportation.

    Amends GS 20-54 by requiring the DMV to deny registration of a vehicle of a motor carrier if the applicant fails to disclose material information required; if the applicant has made a materially false statement on the application; if the applicant has applied as a subterfuge for the real party in interest who has been issued a Federal out-of-service order; or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration. Also requires denying registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration. Previously, required the DMV to refuse registration or issuance of a certificate of title or any transfer of registration when the applicant motor carrier is subject to an order issued by the Federal Motor Carrier Safety Administration or the DMV to cease all operations based on a finding that the continued operations of the motor carrier pose an imminent hazard. Makes the same changes to the requirements of GS 20-110 concerning cancelling and rescinding registration of a vehicle of a motor carrier. 

    Makes conforming changes to GS 20-381.

    Effective 90 days after the act becomes law. 

     


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