→
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