EMER. MGT./POWERS/RUTHERFORD/POLK COUNTY.

View NCGA Bill Details2021
House Bill 166 (Local) Filed Thursday, February 25, 2021
AN ACT TO RESTRICT THE APPLICATION OF CERTAIN EMERGENCY MANAGEMENT ACT POWERS TO THE COUNTIES OF RUTHERFORD AND POLK.
Intro. by Rogers.

Status: Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 1 2021)
H 166

Bill Summaries:

  • Summary date: Feb 25 2021 - More information

    Requires concurrence from the Council of State or a majority vote of the Rutherford County Board of County Commissioners for the application of powers to Rutherford County, or by a majority vote of the Polk County Board of Commissioners for the application of powers to Polk County, in order for the Governor to exercise his powers under GS 166A-19.30(c), which sets out specified additional powers of theĀ Governor during a gubernatorially or legislatively declared state of emergency when the Governor has determined that local control of the emergency is insufficient to assure adequate protection for lives and property. Defines concurrence of Council of State to mean 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. Applies only to Rutherford and Polk counties. Applies to the exercise of power under a state of emergency declared by the Governor or North Carolina General Assembly existing on or after the date that the act becomes law. Sets any power exercised under a state of emergency by the Governor existing on that date and applicable to Rutherford and Polk Counties to expire two calendar days after this act becomes law, unless a concurrence of the Council of State is sought and received in accordance with this act or approved by a majority of the members of the Rutherford County Board of Commissioners.


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