Bill Summary for H 678 (2025-2026)
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| View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE THAT THE GOVERNOR DOES NOT HAVE STATEWIDE EMERGENCY POWERS WHICH PERMIT HIM TO RULE BY DECREE FOR AN INDEFINITE PERIOD OF TIME, TO PROTECT THE CONSTITUTIONAL RIGHTS OF THE PEOPLE DURING A STATE OF EMERGENCY, TO TRIGGER A SPECIAL SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY UPON THE CALLING BY THE GOVERNOR OF A STATEWIDE STATE OF EMERGENCY, TO RESTORE THE ACTUAL INTENT OF THE EMERGENCY MANAGEMENT ACT, AND TO REQUIRE GENERAL ASSEMBLY APPROVAL OF EMERGENCY MEASURES LASTING MORE THAN TWO WEEKS.Intro. by Blust.
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Bill summary
Includes whereas clauses.
Subject to approval by voters at the general election on November 3rd, makes the following changes to the North Carolina Constitution. Amends Section 5 of Article III to specify that nothing in the section, Article, or Constitution gives the Governor emergency powers beyond those expressly granted by law passed by the NCGA. Requires emergency powers to be strictly construed and not used to infringe on or deny the rights of the people. Limits the duration of actions by the Governor exercising emergency powers to two weeks unless ratified by a joint resolution passed by a majority of the members of each house of the NCGA present and voting in an emergency session. Amends Section 11 of Article II by requiring the NCGA to go into an emergency session when the Governor declares a state of emergency that begins seven days after the effective date of the statewide state of emergency (excluding Sundays and holidays). Effective upon certification.
Amends GS 166A-19.20, concerning states of emergency, to set a statewide state of emergency to expire seven calendar days (was, 30) after issuance without concurrence of the Council of State. Requires a declaration of emergency to expire 14 calendar days (was, 60) after issuance when the Council of State concurs with the declaration, unless the NCGA extends the duration.