Summary — HB 678: "Ensure Constitutional Government" (North Carolina)
Status & Key Dates
- Bill number: HB 678 — "Ensure Constitutional Government"
- Sponsor: Rep. Blust (primary)
- Filed: Nov 12, 2024; Passed First Reading.
- Major procedural next step: The bill would amend the North Carolina Constitution and — if approved by the General Assembly per the constitutionally required process — must be ratified by voters at the statewide general election on November 3, 2026. If approved by voters, the constitutional changes become effective upon certification of the election results.
Purpose / Intent
- The bill aims to limit the scope and duration of gubernatorial emergency powers in North Carolina, strengthen legislative oversight during statewide emergencies, and preserve constitutional rights (assembly, religious exercise, due process, etc.) by restricting prolonged unilateral executive action.
Primary Provisions
1. Constitutional amendment (adds two new subsections):
- Article III, Section 5 — adds subsection (10a) (Limitation):
- Clarifies that the Governor only has emergency powers expressly granted by statute passed by the General Assembly.
- Requires strict construction of emergency powers and prohibits their use to infringe constitutional rights.
- Provides that any executive emergency actions may not remain valid for more than two weeks unless ratified by a joint resolution passed by a majority of each house “present and voting” in an emergency session of the General Assembly convened as provided in Article II, Section 11.
- Article II, Section 11 — adds subsection (3) (Emergency sessions):
- Requires the General Assembly to go into an emergency session beginning seven days after the effective date of a statewide state of emergency (excluding Sundays and state/federal holidays).
- Statutory amendment (Section 2):
- Proposes changes to G.S. 166A-19.20 (the Emergency Management Act provision on gubernatorial or legislative declaration of a state of emergency). Text in the provided materials is truncated, but the stated aim is to "restore the actual intent of the Emergency Management Act" and to require legislative approval for emergency measures of longer than two weeks.
Who Would Be Affected
- Governor’s office: curtails duration/automatic continuation of emergency orders without legislative ratification.
- General Assembly: gains expedited/mandatory emergency-session timing and an express role in ratifying emergency measures beyond two weeks.
- Council of State and other executive branch entities: implicated in legislative findings and the preamble; the bill references prior statutory constraints requiring Council of State consent for many gubernatorial emergency measures.
- All North Carolina residents and businesses: potential change in how long emergency restrictions remain in force and who approves them; impacts public-health, public-safety, and economic measures taken during emergencies.
Procedural / Timeline Notes
- Because the bill proposes a constitutional amendment, it must be submitted to voters. The bill specifies the referendum be held at the Nov 3, 2026 general election with the precise ballot question included in the text. If a majority approves, the amendment becomes effective upon certification.
- The bill also amends state statute; statutory changes would take effect according to the bill’s language (constitutional amendment taking priority where applicable).
Potential Implications (non-exhaustive)
- Increases legislative check on executive emergency powers (more frequent/earlier convening of the General Assembly; time-limited executive orders).
- Could limit the Governor’s ability to sustain long-term emergency measures without legislative buy-in — this may accelerate political/legislative debates about public-health or disaster responses.
- May create operational and logistical burdens to convene the legislature quickly during emergencies.
- Could prompt legal and administrative clarifications about what constitutes “emergency measures,” timing rules, and implementation logistics.
Note
- The full statutory rewrite of G.S. 166A-19.20 is not included in the provided excerpt (truncated), so specifics of statutory changes beyond the constitutional provisions are not fully available here.
