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
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 noteThe 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.