§ 120-76.1. Prior consultation with the Commission. - North Carolina Statutes

§ 120‑76.1.  Priorconsultation with the Commission.

(a)        Notwithstanding theprovisions of G.S. 120‑76(8) or any other provision of law requiringprior consultation by the Governor with the Commission, whenever an expenditureis required because of an emergency that poses an imminent threat to publichealth or public safety, and is either the result of a natural event, such as ahurricane or a flood, or an accident, such as an explosion or a wreck, theGovernor may take action without consulting the Commission if the action isdetermined by the Governor to be related to the emergency. The Governor shallreport to the Commission on any expenditures made under this subsection nolater than 30 days after making the expenditure and shall identify in thereport the emergency, the type of action taken, and how it was related to theemergency.

(b)        Any agency, board,commission, or other entity required under G.S. 120‑76(8) or any otherprovision of law to consult with the Commission prior to taking an action shallsubmit a detailed report of the action under consideration to the Chairs of theCommission, the Commission Assistant, and the Fiscal Research Division of theGeneral Assembly. If the Commission does not hold a meeting to hear theconsultation within 90 days of receiving the submission of the detailed report,the consultation requirement is satisfied. With regard to capital improvementprojects of The University of North Carolina, if the Commission does not hold ameeting to hear the consultation within 30 days of receiving the submission ofthe detailed report, the consultation requirement of G.S. 120‑76(8)e. issatisfied.

(c)        Consultationsregarding the establishment of new fees and charges and the increase ofexisting fees and charges are governed by G.S. 12‑3.1, and this sectiondoes not apply to those consultations. (1996, 2nd Ex. Sess., c. 18, s. 7.4(a); 2005‑276,s. 6.7(a); 2007‑322, s. 10.)