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Ex. DUT-NC-003 Standing duty Primary source read

N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency)

Additional powers of the Governor during state of emergency: direction of law enforcement (a)(2); control of ingress, egress, movement and occupancy of premises and of congregation in public places (b)(1), (b)(3); prohibitions and restrictions by declaration (c)(1); Class 2 misdemeanor for violation (d)

General Assembly of North Carolina · North Carolina (State)

The COVID Project

The record

Jurisdiction
North Carolina
Level
State
Authority
North Carolina Emergency Management Act, G.S. ch. 166A, Article 1A, Part 5 (Additional Powers During States of Emergency)
Effective
standing throughout 2020-2021
End
standing (subsec. (c1), Council of State concurrence, added effective Jan. 1, 2023) (read as 2023-01-01)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closureGathering capStanding duty
Addressees
  • persons generally; all businesses and establishments within the emergency area
Character
statutory authority
Collection
Standing duties: North Carolina DUT-NC

Operative words

(c)(1) To impose by declaration prohibitions and restrictions in the emergency area... (d) Violation. - Any person who violates any provision of a declaration or executive order issued pursuant to this section shall be guilty of a Class 2 misdemeanor in accordance with G.S. 14-288.20A.

Penalty

Class 2 misdemeanor, G.S. 166A-19.30(d) and G.S. 14-288.20A(2) (Ex. DUT-NC-004)

What it required

Every person must obey the prohibitions and restrictions the Governor imposes by declaration during a state of emergency (including restrictions on the operation of business establishments and on the congregation of persons under sec. 166A-19.31(b)(2), (5)), the Governor may direct State and local law enforcement to secure compliance (subsec. (a)(2)), and violation of any provision of a declaration or executive order issued under the section is a Class 2 misdemeanor (subsec. (d)). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

The exhibit is the current text. S.L. 2021-180, s. 19E.6(c) (eff. Jan. 1, 2023) added subsec. (c1) requiring Council of State concurrence and tying duration to G.S. 166A-19.20; subsecs. (a)(2), (b)(1), (b)(3), (c)(1) and (d) read in 2020-2021 as quoted, and every COVID-19 order in the library recites subsecs. (a)(2) and (d) as its enforcement basis (e.g., EO 138 sec. 13, Ex. NC-010; EO 141 sec. 15, Ex. NC-011; EO 215 sec. 10, Ex. NC-029; EO 224 sec. 8, Ex. NC-031). the orders' own recitals are the contemporaneous primary confirmation of the operative text.