REALIGNING EMERGENCY CHECKS AND BALANCES.

View NCGA Bill Details2021
House Bill 706 (Public) Filed Tuesday, April 27, 2021
AN ACT TO REQUIRE A CONCURRENCE OF THE COUNCIL OF STATE TO EFFECTUATE A STATEWIDE STATE OF EMERGENCY ISSUED BY THE GOVERNOR AND TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO REQUIRE THE GENERAL ASSEMBLY TO CONVENE IN EXTRA SESSION IF THERE EXISTS A STATEWIDE STATE OF EMERGENCY FOR TWENTY-ONE DAYS.
Intro. by Kidwell, Goodwin, Hanig, Moss.

Status: Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 29 2021)
H 706

Bill Summaries:

  • Summary date: Apr 27 2021 - More information

    Amends GS 166A-19.20, providing for the expiration of gubernatorially declared states of emergency for which the emergency area constitutes 45 or more counties at 120 hours after issuance without a concurrence of the Council of State, or 21 days after issuance with concurrence of the Council of State. Prohibits the Governor from issuing any further substantially similar orders declaring a state of emergency during the pendency of a state of emergency in accordance with these provisions. Amends GS 166A-19.3 to define Council of State and statewide emergency area. Adds and defines concurrence of the Council of State as the consensus of the majority of the Council of State prior to the Governor exercising a power or authority requiring the concurrence of the Council of State. Requires the Council of State be given 120 hours to concur or not concur, and permits remote meetings with the Governor during that time. Requires the Governor to document contact and responses of each member and release the response or lack of response by member name and position. Further adds to GS 166A-19.20, requiring the NCGA to take the following actions. Requires the NCGA to hold a majority vote on a joint resolution whether to continue the state of emergency that contains a statewide emergency area issued by the Governor and, if determined a statewide state of emergency exists, vote to resolve that the emergency exists and issue appropriate legislation to mitigate or address the emergency: (1) upon the convening of an extra session on legislative call pursuant to Section 11 of Article II of the NC Constitution, as amended below; or (2) if the NCGA is in regular session at the time of such a declaration or scheduled to be in regular session within 21 days of the declaration, during regular session. Conditioned upon the certification and enrollment of the below constitutional amendment.

    Subject to voter approval at the November 2022 general election, amends Section 11 of Article II of the NC Constitution to require the Senate President and House Speaker to convene the NCGA in an extra session by joint proclamation if the Governor declares a state of emergency applicable to 45 or more counties that has existed continuously for 21 days or more, or at their determination, is expected to be in effect for 21 days or more, and as of the date of the declaration the NCGA has adjourned for more than 21 days jointly and is not scheduled to reconvene in regular session within 21 days of the date of declaration. Effective upon certification. 


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