Bill Summary for H 423 (2021-2022)

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Summary date: 

Mar 25 2021

Bill Information:

View NCGA Bill Details2021
House Bill 423 (Local) Filed Thursday, March 25, 2021
AN ACT TO RESTRICT THE APPLICATION OF CERTAIN EMERGENCY MANAGEMENT ACT POWERS TO THE COUNTIES OF YADKIN AND IREDELL.
Intro. by McNeely.

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Bill summary

Requires concurrence from the Council of State or a majority vote of Yadkin County Board of Commissioners for the application of powers to Yadkin County, or by a majority vote of the Iredell County Board of Commissioners for the application of powers to Iredell County, in order for the Governor to exercise his powers under GS 166A-19.30(c), which sets out specified additional powers of the 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.  Requires the county board of commissioners to adopt a resolution introduced by a member of the Board during a regular or special Board meeting that states those powers as exercised under GS 166-19.30(c) by the Governor apply to that county. Allows a person who resides in the jurisdiction of a county that brings an action for declaratory or injunctive relief arising from a case or controversy from the application of this act to a county to file the action and be heard in the superior court of the county in which the claim for relief arises. 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 Yadkin and Iredell 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 Yadkin or Iredell County Board of Commissioners (as the powers relate to that county).