Bill Summary for S 105 (2019-2020)

Summary date: 

Jun 24 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 105 (Public) Filed Thursday, February 21, 2019
AN ACT TO CLARIFY THE EXPIRATION OF A STATE OF EMERGENCY AND THE EXERCISE OF CERTAIN POWERS UNDER A STATE OF EMERGENCY AND TO CLARIFY THE ABATEMENT OF STATEWIDE IMMINENT HAZARDS.
Intro. by J. Jackson, J. Davis, Britt.

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Bill summary

House amendment makes the following changes to the 4th edition.

Modifies the proposed changes to GS 166A-19.20 to provide for the expiration of a gubernatorially or legislatively declared statewide state of emergency 48 hours after issuance without concurrence of the Council of State (previously, the earlier of the date the declaration is rescinded or 30 days after the declaration). Allows for 30-day extensions with concurrence of the Council of State. Eliminates proposed subsection (e) regarding extension with concurrence. 

Modifies the proposed changes to 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 or authority requiring a concurrence of the Council of State. Maintains the requirement for the Governor to make contact with each member, documenting the contact and response of each member, and releasing member responses. Now requires release of information prior to or simultaneously with exercising GS Chapter 166A authority if consensus is achieved (previously, did not specify consensus qualification). Also defines Council of State, including nine specified State executive officers and any interim officer or acting officer appointed pursuant to the NC Constitution. 

Eliminates the proposed changes to GS 166A-19.30(c), which conditioned the 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, upon concurrence of the Council of State. Instead, amends the statute to require, upon exercise of the additional powers of the Governor in subsection (c), (1) the Governor to immediately notify the affected local authorities and (2) the duration of subdivision (c)(1) powers (regarding prohibitions and restrictions imposed in the emergency area) be limited to 48 hours without a concurrence of the Council of State, and requires concurrence of the Council of State for any extension beyond 48 hours for up to 30 days at a time. 

Makes a technical correction to the proposed changes to GS 130A-20.

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