Vetoed by Governor Roy Cooper III

Vote Smart's Synopsis:

Vote to pass a bill requiring legislative approval of all statewide governor emergency declarations lasting beyond 30 days.

Highlights:

• Defines “statewide” as two-thirds or more of the counties in this state (Sec. 4.e).

• Specifies a state of emergency declared will expire as follows (Sec. 2.c):

• If not a statewide emergency area, when it is rescinded by the authority that issued it; or

• If a statewide emergency area, seven calendar days after issuance without a concurrence of the Council of State.

• Establishes the following restrictions for exercise of any of the powers granted to the governor (Sec. 3):

• The Governor will notify the affected local authorities immediately upon exercising any of the powers and any extensions thereof;

• In exercising any of the powers, the Governor will obtain a concurrence of the Council of State; and

• The duration of the exercise of any power by the Governor shall expire in accordance with G.S. 166A-19.20."

• Requires the Secretary of Environmental Quality to have the authority to determine that a class or category of property uses presents a statewide imminent hazard. For a period of no more than seven calendar days, the Secretary may order owners, operators, or other persons in control of that class or category of property to abate the statewide imminent hazard (Sec. 4.c).

• Authorizes quarantine and isolation authority to be exercised only when and so long as the public health is endangered, all other reasonable means for correcting the problem have been exhausted, and no less restrictive alternative exists (Sec. 5.a).

• Prohibits any person other than a person authorized by the State Health Director or local health director from entering quarantine or isolation premises (Sec. 5.b).

• Establishes before applying quarantine or isolation authority to livestock or poultry for the purpose of preventing the direct or indirect conveyance of an infectious agent to persons, the State Health Director or a local health director will consult with the State Veterinarian in the Department of Agriculture and Consumer Services (Sec. 5.c).

• Specifies when quarantine or isolation limits the freedom of movement of a person or animal or of access to a person or animal whose freedom of movement is limited, the period of limited freedom of movement or access shall not exceed 30 calendar days (Sec. 5.d).

• Specifies if the State Health Director or the local health director determines that a 30-calendar-day limitation on freedom of movement or access is not adequate to protect the public health, the State Health Director or local health director must institute in superior court in the county in which the limitation is imposed an action to obtain an order extending the period of limitation of freedom of movement or access (Sec. 5.e).

Full Bill Text