H1170: Executive Order Limitations/Funds. Latest Version
AN ACT to provide for expiration of EXECUTIVE orders and states of emergency issued by the governor.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 166A‑19.20 reads as rewritten:
§ 166A‑19.20. Gubernatorial or legislative declaration of state of emergency.
(a) Declaration. – A state of emergency may be declared by the Governor or by a resolution of the General Assembly, if either of these finds that an emergency exists.
(b) Emergency Area. – An executive order or resolution declaring a state of emergency shall include a definition of the area constituting the emergency area.
(c) Expiration of States of Emergency. – A Except as provided in subsection (c1) of this section, a state of emergency declared pursuant to this section shall expire when it is rescinded by the authority that issued it.
(c1) Expiration of Statewide States of Emergency Declared by the Governor. – A state of emergency declared by the Governor pursuant to this section that contains an emergency area constituting all counties in this State shall expire upon the earliest occurrence of any of the following:
(1) The fourteenth day after the date of issuance by the Governor, unless it is approved by joint resolution adopted by a majority vote of each house of the General Assembly.
(2) It is rescinded by the authority that issued it.
(d) Exercise of Powers Not Contingent on Declaration of Disaster Type. – Once a state of emergency has been declared pursuant to this section, the fact that a declaration of disaster type has not been issued shall not preclude the exercise of powers otherwise conferred during a state of emergency.
SECTION 2. G.S. 166A‑19.30 reads as rewritten:
§ 166A‑19.30. Additional powers of the Governor during state of emergency.
(c1) Expiration of Statewide Executive Orders. – An executive order issued by the Governor during a state of emergency that contains an emergency area constituting all counties in this State shall expire 14 days after the date of issuance, unless approved by joint resolution adopted by a majority vote of each house of the General Assembly.
SECTION 3.(a) There is appropriated from the General Fund to the Department of Public Safety, Division of Emergency Management, the sum of twenty‑five thousand dollars ($25,000) in nonrecurring funds for the fiscal year 2020‑2021 to implement the provisions of this act.
SECTION 3.(b) This section becomes effective July 1, 2020.
SECTION 4. Except as otherwise provided, this act is effective when it becomes law and applies to executive orders and declarations of states of emergency issued after that date.