EMERGENCY POWERS ACCOUNTABILITY ACT.

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View NCGA Bill Details2021
House Bill 264 (Public) Filed Wednesday, March 10, 2021
AN ACT TO CLARIFY THE EXPIRATION OF A STATEWIDE STATE OF EMERGENCY AND THE EXERCISE OF CERTAIN POWERS UNDER A STATEWIDE STATE OF EMERGENCY, TO CLARIFY THE ABATEMENT OF STATEWIDE IMMINENT HAZARDS, AND TO CLARIFY STATEWIDE QUARANTINES.
Intro. by Kidwell, D. Hall, Bell, Moffitt.
Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Nov 2 2021)

SOG comments (1):

Long title change

Submitted by ddecamillis@sog... on

Senate committee substitute to the 2nd edition changed the long title. Original title was AN ACT TO CLARIFY THE EXPIRATION OF A STATE OF EMERGENCY AND THE EXERCISE OF CERTAIN POWERS UNDER A STATE OF EMERGENCY, TO CLARIFY THE ABATEMENT OF STATEWIDE IMMINENT HAZARDS, AND TO CLARIFY STATEWIDE QUARANTINES.

Bill History:

H 264

Bill Summaries:

  • Bill H 264 (2021-2022)
    Summary date: Nov 2 2021 - View Summary

    The Governor vetoed the act on 11/01/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/53311/0/H264-BD-NBC-9215.

    Courts/Judiciary, Civil, Civil Law, Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Local Government, Health and Human Services, Health, Public Health
    GS 130A, GS 166A
  • Bill H 264 (2021-2022)
    Summary date: Sep 8 2021 - View Summary

    Senate amendment to the 3rd edition makes the following changes.

    Amends GS 130A-145(f) to give the State Health Director, for no more than seven calendar days, the authority to determine and order that a class or category of persons (was, persons or animals) need to be quarantined or isolated to protect the public health.

    Courts/Judiciary, Civil, Civil Law, Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Local Government, Health and Human Services, Health, Public Health
    GS 130A, GS 166A
  • Bill H 264 (2021-2022)
    Summary date: Sep 3 2021 - View Summary

    Senate committee substitute (corrected) amends the 2nd edition as follows. 

    Amends the proposed definition given to the term concurrence of Council of State under GS 166A-19.3, to specifically require the Governor to document the contact and response of each Council of State member on the same website the related executive order is published. Adds that the Governor's release of the information must be prior to, or simultaneously with, exercising the stated authority if consensus is achieved. 

    Revises the proposed changes to GS 166A-19.20(c), which provides for the expiration of a gubernatorial or legislative declaration of a state of emergency, distinguished by whether the declaration applies to a statewide emergency area. For statewide emergency areas, requires concurrence of Council of State to continue (was, to extend) a declaration beyond its expiration seven days following issuance. Now provides for the declaration to expire 45 days after issuance with concurrence of Council of State, unless the NCGA extends the declaration by enactment of general law. Bars the Governor from issuing a substantially similar declaration arising from the same events that were the basis for an initial declaration that was not legislatively extended. 

    Corrects statutory cross-references in new GS 130A-145(f) regarding the State Health Director's quarantine and isolation authority. 

    Changes the act's long title.

    Courts/Judiciary, Civil, Civil Law, Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Local Government, Health and Human Services, Health, Public Health
    GS 130A, GS 166A
  • Bill H 264 (2021-2022)
    Summary date: Sep 1 2021 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes. 

    Corrects statutory cross-references in new GS 130A-145(f) regarding the State Health Director's quarantine and isolation authority. 

    Courts/Judiciary, Civil, Civil Law, Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Local Government, Health and Human Services, Health, Public Health
    GS 130A, GS 166A
  • Bill H 264 (2021-2022)
    Summary date: Mar 30 2021 - View Summary

    House committee substitute amends the 1st edition as follows. 

    Further amends GS 166A-19.20, which states 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, adding a new subsection as follows. Requires the Governor to obtain the concurrence of the Council of State in accordance with requirements for state of emergency declarations for a statewide emergency area under subsection (c)(2), as enacted, when the Governor declares more than one state of emergency based on the same emergency that would extend the application of the emergency area, when combined, to more than two-thirds of the counties of the state. 

    Amends proposed GS 130A-20(c), which grants authority for the Secretary of Health and Human Services (Secretary) to determine that a class or category of property uses presents a statewide imminent hazard and to order persons in control of that type of class or category of property uses to abate the statewide imminent hazard upon notification to the Governor and the Governor's concurrence of the Council of State. Modifies the provisions to limit the Secretary's authority to a period of no more than seven calendar days, with up to 30-day extensions permitted if the Secretary has notified the Governor and the Governor has received the concurrence of the Council of State. Adds new provisions to require the Secretary to notify the Governor, and the Governor to seek the concurrence of the Council of State, prior to the extension of any orders that would extend the application of the class or categories of properties in areas, when combined, to statewide application. Maintains that the Secretary of Environmental Quality has the same powers as those specified for the Secretary in new subsection (c).

    Adds the following. Amends GS 130A-145 regarding the State Health Director and local health directors' quarantine and isolation authority. Makes organizational changes. Authorizes the State Health Director to have the authority to determine and order that a class or category of persons or animals needs to be quarantined or isolated to protect the public health. Limits this new authority to a period of seven days. For statewide orders, or orders that, when combined, would extend application of the class or categories in areas to statewide application, permits the State Health Director to move the court for extensions pursuant to subsection (d) (as organized) after notification of the Governor and the Governor's receipt of concurrence of the Council of State; for orders that apply less than statewide, permits the State Health Director to move the court for extensions without notifying the Governor or the Governor receiving Council of State concurrence. Defines concurrence of Council of State and statewide to align with the definitions provided in GS 166A-19.3, as amended.

    Changes the act's long title.

    Courts/Judiciary, Civil, Civil Law, Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Local Government, Health and Human Services, Health, Public Health
    GS 130A, GS 166A
  • Bill H 264 (2021-2022)
    Summary date: Mar 10 2021 - View Summary

    Amends GS 166A-19.20 to provide for the expiration of a gubernatorially or legislatively declared state of emergency applicable to a statewide emergency area seven days after issuance without concurrence of the Council of State. Allows for a 30-day extension with concurrence of the Council of State. Prohibits the Governor from issuing or extending a declaration applicable to a statewide emergency area the same or substantially similar to that which failed concurrence of the Council of State based on the same emergency.

    Amends 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 of authority requiring a concurrence of the Council of State. Requires the Governor to document and release each contact and response, and deems the documentation a public record. Deems failure to respond a concurrence. Also defines statewide emergency area to mean any emergency area applicable to two-thirds or more of the counties in the state. Defines Council of State.

    Amends GS 166A-19.30, which states 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. Adds the following requirements and limitations with respect to the exercise of those additional powers, including (1) immediate notification of the affected local authorities, (2) concurrence of the Council of State, and (3) expiration of the exercise in the same manner as statewide declarations of emergency under GS 166A-19.20, as amended.

    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 a statewide imminent hazard and to order persons in control of that type of class or category of property uses to abate the statewide imminent hazard upon notification to the Governor and the Governor's 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. 

    Deems any power exercised under a state of emergency or declaration of emergency existing on the date the act becomes law that would require a concurrence of the Council of State pursuant to the act to expire two days after the act becomes law, unless a concurrence of the Council of State is sought and received in accordance with the act. 

    Government, Public Safety and Emergency Management, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, State Government, Executive, Local Government, Health and Human Services, Health, Public Health
    GS 130A, GS 166A
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