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  • Summary date: Feb 22 2023 - View Summary

    Under current law, Article III, Section 5(10) (Administrative reorganization), of the North Carolina Constitution permits the Governor to issue executive orders that affect existing law and make changes to the allocation of offices and agencies and in the allocation of functions, powers, and duties necessary for efficient administration, and requires that these orders be submitted to the General Assembly on or before the 60th calendar day of its session. These executive orders become effective upon adjournment sine die of the session, unless specifically disapproved by resolution of either house of the General Assembly or specifically modified by joint resolution of both houses of the General Assembly.

    Amends GS 143B-4 (Policy-making authority and administrative powers of Governor; delegation) to create new subsections (b) (Administrative Function Limitations) and (c) (Multiple Executive Orders). 

    New subsection (b) requires the Governor to submit all executive orders issued in accordance with Article III, § 5(10), of the Constitution to the Council of State for concurrence as defined in GS 166A-19.3(2d), except for orders under the North Carolina Emergency Management Act. Sets an expiration date of 30 days for an executive order that does not receive concurrence. An order that receives concurrence expires after 60 days, unless each house of the General Assembly approves the order by resolution or the General Assembly modifies it by joint resolution. 

    If the Council of State fails to concur with the executive order, new subsection (c) prohibits the Governor from submitting the same or a substantially similar executive order for one year after the initial issuance of the order.