North Carolina 2021-2022 Session Status: In Committee Bipartisan · 5 R · 1 D cosponsors

HB 706 — Realigning Emergency Checks and Balances.

Last action — Passed 1st Reading

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

75 added · 74 removed

Plain-language change summary

In the revised version of House Bill 706, a significant change is the addition of a section that requires the General Assembly to convene an extra session if a state of emergency is declared by the Governor. This new text specifies that after receiving concurrence from a state council, the emergency will only last for a maximum of 21 days unless extended by a majority vote of the General Assembly. This change is important because it establishes clearer oversight and limits on the Governor's emergency powers, ensuring legislative involvement when such emergencies arise.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 706 Short Title:
706 Apr 27, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10347-NBy-29C Short Title:
Representative Kidwell.
Representatives Kidwell, Goodwin, Hanig, and Moss (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO REQUIRE A CONCURRENCE OF THE COUNCIL OF STATE TO EFFECTUATE A STATEWIDE STATE OF EMERGENCY ISSUED BY THE GOVERNOR AND TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO REQUIRETHEGENERALASSEMBLYTOCONVENE INEXTRASESSION IFTHERE EXISTS A STATEWIDE STATE OF EMERGENCY FOR TWENTY-ONE DAYS.
Judiciary 1, if favorable, Rules, Calendar, and Operations of the House April 29, 2021 A BILL TO BE ENTITLED AN ACT TO REQUIRE A CONCURRENCE OF THE COUNCIL OF STATE TO EFFECTUATE A STATEWIDE STATE OF EMERGENCY ISSUED BY THE GOVERNOR AND TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO REQUIRETHEGENERALASSEMBLYTOCONVENE INEXTRASESSION IF THERE EXISTS A STATEWIDE STATE OF EMERGENCY FOR TWENTY-ONE DAYS.
The Council of State shall be given a period of 120 hours to concur or not concur with the exercise of a power or authority requiring a concurrence of the Council of State, and during that period, may meet remotely to consult with the Governor.
The Council of State shall be given a period of 120 hours to concur or not concur with the exercise of a power or authorityrequiring a concurrence of the Council of State, and during that period, may meet remotely to consult with the Governor.
After concurrence of the Council of State, the declaration of a state of *DRH10347-NBy-29C* General Assembly Of North Carolina Session 2021 emergency shall be in effect for no longer than 21 days from the day of issuance.
*H706-v-1* General Assembly Of North Carolina Session 2021 After concurrence of the Council of State, the declaration of a state of emergency shall be in effect for no longer than 21 days from the day of issuance.
During the pendency of a state of emergency in accordance with this subdivision, the Governor shall not issue any further substantially similar orders declaring a state of emergency.
During the pendencyof a state of emergencyin accordance with this subdivision, the Governor shall not issue any further substantially similar orders declaring a state of emergency.
– (1) Upon the convening of an extra session on legislative call in accordance with Section 11(2)(b) of Article II of the State Constitution, the General Assembly shall (i) hold a majority vote by the members present on a joint resolution whether to continue the state of emergency that contains a statewide emergency area issued by the Governor and, if the General Assembly finds an emergency exists, (ii) vote to resolve that the emergency exists and issue appropriate legislation to mitigate or address the emergency.
– (1) Upon the convening of an extra session on legislative call in accordance with Section 11(2)(b) of Article II of the State Constitution, the General Assembly shall (i) hold a majority vote by the members present on a joint resolution whether to continue the state of emergency that contains a statewide emergencyarea issued by the Governor and, if the General Assembly finds an emergency exists, (ii) vote to resolve that the emergency exists and issue appropriate legislation to mitigate or address the emergency.
(2) If the General Assembly is in regular session at the time of a declaration of a state of emergency with a statewide emergency area, or scheduled to reconvene in regular session within 21 days of the date such declaration was issued by the Governor, then the General Assembly shall not convene in extra session, but shall hold a majority vote by the members present on a joint resolutionwhethertocontinuethestateofemergency that containsastatewide emergency area issued by the Governor and, if the General Assembly finds an emergency exists, (ii) vote to resolve that the emergency exists and issue appropriate legislation to mitigate or address the emergency." SECTION 2.(a) Section 11 of Article II of the Constitution of North Carolina reads as rewritten:
(2) If the General Assembly is in regular session at the time of a declaration of a state of emergency with a statewide emergency area, or scheduled to reconvene in regular session within 21 days of the date such declaration was issued bythe Governor, then the General Assembly shall not convene in extra session, but shall hold a majority vote by the members present on a joint resolutionwhethertocontinuethestateofemergencythat containsastatewide emergencyarea issued by the Governor and, if the General Assemblyfinds an emergency exists, (ii) vote to resolve that the emergency exists and issue appropriate legislation to mitigate or address the emergency." SECTION 2.(a) Section 11 of Article II of the Constitution of North Carolina reads as rewritten:
The General Assembly shall meet in regular session in 1973 and every two years thereafter on the day prescribed by law.
The General Assembly shall meet in regular session in 1973 and every two years thereafter on the dayprescribed by law.
(a) upon Upon receipt by the President of the Senate of written requests therefor signed by three-fifths of all the members of the Senate and upon receipt by the Speaker of the House of Representatives of written requests therefor signed by three-fifths of all the members of the House of Representatives.
(a) upon Upon receipt by the President of the Senate of written requests therefor signed bythree-fifths of all the members of the Senate and upon receipt bythe Speaker of the House of Representatives of written requests therefor signed by three-fifths of all the members of the House of Representatives.
"[ ] FOR [ ] AGAINST Constitutional amendment providing that the General Assembly shall convene in extra session upon the declaration of a statewide state of emergency by the Governor." Page 2 DRH10347-NBy-29C General Assembly Of North Carolina Session 2021 SECTION 2.(c) If a majority of votes cast on the question are in favor of the amendment set out in this act, the State Board of Elections shall certify the amendment to the Secretary of State.
"[ ] FOR [ ] AGAINST Page 2 House Bill 706-First Edition General Assembly Of North Carolina Session 2021 Constitutional amendment providing that the General Assembly shall convene in extra session upon the declaration of a statewide state of emergency by the Governor." SECTION 2.(c) If a majority of votes cast on the question are in favor of the amendment set out in this act, the State Board of Elections shall certify the amendment to the Secretary of State.
DRH10347-NBy-29C Page 3
House Bill 706-First Edition Page 3
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

6 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill modifies the requirements for declaring a statewide state of emergency by the Governor, requiring Council of State concurrence and allowing the General Assembly to convene in extra session after 21 days of such an emergency.

  • N.C.G.S. § 166A-19.3

    (2a) Concurrence of the Council of State. – The consensus 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. The Council of State shall be given a period of 120 hours to concur or not concur with the exercise of a power or authority requiring a concurrence of the Council of State, and during that period, may meet remotely to consult with the Governor. The Governor shall document the contact and response of each Council of State member and shall release the concurrence, nonconcurrence, or no response provided by each member by name and position.

    Adds a requirement for the Governor to obtain concurrence from the Council of State before exercising certain powers during a state of emergency.

  • N.C.G.S. § 166A-19.3

    (20) Statewide emergency area. – Any emergency area applicable to 45 or more counties in this State.

    Defines a 'statewide emergency area' as applying to 45 or more counties.

  • N.C.G.S. § 166A-19.20

    If a statewide emergency area, 30 calendar days after issuance without a concurrence of the Council of State. → If the emergency area constitutes 45 or more counties in this State, 120 hours after issuance by the Governor without a concurrence of the Council of State.

    Shortens the time frame for which a state of emergency lasts if a concurrence from the Council of State is not obtained.

  • N.C.G.S. § 166A-19.20

    After concurrence of the Council of State, the declaration of a state of emergency shall be in effect for no longer than 60 calendar days from the day of issuance. → After concurrence of the Council of State, the declaration of a state of emergency shall be in effect for no longer than 21 days from the day of issuance.

    Reduces the maximum duration of a state of emergency with Council of State concurrence to 21 days.

  • N.C.G.S. § 166A-19.20

    (f) Extra Session; Statewide Emergency Area. – Upon the convening of an extra session on legislative call in accordance with Section 11(2)(b) of Article II of the State Constitution, the General Assembly shall (i) hold a majority vote by the members present on a joint resolution whether to continue the state of emergency that contains a statewide emergency area issued by the Governor and, if the General Assembly finds an emergency exists, (ii) vote to resolve that the emergency exists and issue appropriate legislation to mitigate or address the emergency.

    Requires the General Assembly to vote on whether to continue a statewide state of emergency after it has been declared.

  • N.C.G.S. § 166A-19.20

    (2) If the General Assembly is in regular session at the time of a declaration of a state of emergency with a statewide emergency area, or scheduled to reconvene in regular session within 21 days of the date such declaration was issued by the Governor, then the General Assembly shall not convene in extra session, but shall hold a majority vote by the members present on a joint resolution whether to continue the state of emergency that contains a statewide emergency area issued by the Governor.

    Establishes procedures for the General Assembly to vote on the continuation of a statewide state of emergency during a regular session.

Action History

  1. Passed 1st Reading

  2. Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 5 co-sponsors · 171 not signed on

Sponsors (3)

Co-sponsors (5)

Not signed on (171)

171 members have not signed on to this bill.

Show all 171 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 706?
HB 706 is sponsored by Keith Kidwell (Republican), Edward C. Goodwin (Republican), Hanig, Frank Iler (Republican), Jeffrey C. McNeely (Republican), Rogers, Dante Pittman (Democratic), and Ben T. Moss, Jr. (Republican).
What is the current status of HB 706?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 706?
Track HB 706 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 706

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 706

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →