AN ACT TO CLARIFY THE EXPIRATION OF A STATE OF EMERGENCY AND THE EXERCISE OF CERTAIN POWERS UNDER A STATE OF EMERGENCY, TO CLARIFY THE ABATEMENT OF STATEWIDE IMMINENT HAZARDS, AND TO CLARIFY STATEWIDE QUARANTINES.
House committee substitute amends the 1st edition as follows.
Further amends GS 166A-19.20, which states 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, adding a new subsection as follows. Requires the Governor to obtain the concurrence of the Council of State in accordance with requirements for state of emergency declarations for a statewide emergency area under subsection (c)(2), as enacted, when the Governor declares more than one state of emergency based on the same emergency that would extend the application of the emergency area, when combined, to more than two-thirds of the counties of the state.
Amends proposed GS 130A-20(c), which grants authority for the Secretary of Health and Human Services (Secretary) to determine that a class or category of property uses presents a statewide imminent hazard and to order persons in control of that type of class or category of property uses to abate the statewide imminent hazard upon notification to the Governor and the Governor's concurrence of the Council of State. Modifies the provisions to limit the Secretary's authority to a period of no more than seven calendar days, with up to 30-day extensions permitted if the Secretary has notified the Governor and the Governor has received the concurrence of the Council of State. Adds new provisions to require the Secretary to notify the Governor, and the Governor to seek the concurrence of the Council of State, prior to the extension of any orders that would extend the application of the class or categories of properties in areas, when combined, to statewide application. Maintains that the Secretary of Environmental Quality has the same powers as those specified for the Secretary in new subsection (c).
Adds the following. Amends GS 130A-145 regarding the State Health Director and local health directors' quarantine and isolation authority. Makes organizational changes. Authorizes the State Health Director to have the authority to determine and order that a class or category of persons or animals needs to be quarantined or isolated to protect the public health. Limits this new authority to a period of seven days. For statewide orders, or orders that, when combined, would extend application of the class or categories in areas to statewide application, permits the State Health Director to move the court for extensions pursuant to subsection (d) (as organized) after notification of the Governor and the Governor's receipt of concurrence of the Council of State; for orders that apply less than statewide, permits the State Health Director to move the court for extensions without notifying the Governor or the Governor receiving Council of State concurrence. Defines concurrence of Council of State and statewide to align with the definitions provided in GS 166A-19.3, as amended.
Changes the act's long title.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.