CooperEO133 - Extending Certain Transportation-Related Provisions in Previous Executive Orders
State of North Carolina
April 17, 2020
EXECUTIVE ORDER NO. 133
EXTENDING CERTAIN TRANSPORTATION-RELATED PROVISIONS IN PREVIOUS EXECUTIVE ORDERS
WHEREAS, on March I 0, 2020, the undersigned issued Executive Order No. 116 which declared a State of Emergency to coordinate the State's response and protective actions to address the Coronavirus Disease 2019 (COVID -19) public health emergency and to provide for the health, safety, and welfare of residents and visitors located in North Carolina ("Declaration of a State of Emergency"); and
WHEREAS, on March 11 , 2020, the World Health Organization declared COVID-19 a global pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared the ongoing COVID-19 outbreak a pandemic of sufficient severit y and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Colum bia pursuant to Section 50 I (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C . § 512 1-5207 (the "Stafford Act"); and
WHEREAS, on March 13, 2020, the President of the United States pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. § 1601, et seq. and consistent with Section 1135 of the Social Security Act, as amended (42 U.S.C. § 1320 b-5), declared that the COVID-19 pandemic in the United States constitutes a nation al emergency, retroactive to March 1, 2020; and
WHEREAS, on March 25, 2020, the President of the United States, pursuant to Section 401 of the Stafford Act, approved a Major Disaster Declaration, FEMA-4487-DR, for the State of North Carolina; and
WHEREAS, community spread of COVID-19 continues to increase in North Carolina and nationwide, and increased testing capacity would undoubtedly show that COVID-19 is circulating in communities across North Carolina that have not yet identified a confirmed case; and
WHEREAS, the continued presence of community spread in North Carolina, the rapid increase in COVID-19 cases, and the rising number of COVID-19 related deaths, both globally and in North Carolina, require us to continue our measures to slow the spread of this pandemic; and
WHEREAS, a composite modeling forecast, constructed by experts from North Carolina universities and research organizations, estimates that by the end of May 2020, approximately
250'000 North Carolinians will be infected with the novel coronavirus, even if social distancing measures continue through that date; and
WHEREAS, hospital administrators and health care providers have expressed concerns that unless the spread of COVID-19 is limited, existing health care facilities may be insufficient to care for those who become sick; and
WHEREAS, slowing the community spread of COVID-19 is critical to ensuring that our healthcare facilities remain able to accommodate those who require intensive medical intervention; and
WHEREAS, as proactive steps to prevent and respond to COVID-19, and for the purposes of protecting the health, safety and welfare of the people of North Carolina, the undersigned has issued Executive Order Nos. 116-122, 124-25, and 129-131; and
WHEREAS, Executive Order No. 116, issued on March 10, 2020, included certain suspensions of federal motor carrier safety regulations; and
WHEREAS, 49 C.F.R. § 390.23(a)(l)(ii)(B) allows for the undersigned to extend the suspension of the regulations in 49 C.F.R. Parts 300-399, the federal motor carrier safety regulations, for an additional thirty (30) day period if the undersigned determines that an emergency condition continues to exist; and
WHEREAS, the undersigned has determined that the Executive Order needs to remain in place to allow for the continued expedited movement of vehicles in the State; and
WHEREAS, Executive Order No. 119, issued on March 20, 2020, the undersigned facilitated critical motor vehicle operations; and
WHEREAS, the provisions concerning the Division of Motor Vehicles ('"OMV") in Executive Order No. 119 are set to expire unless the undersigned takes further action; and
WHEREAS, the undersigned has determined that these OMV-related provisions should be extended; and
WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and
WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.10(b)(2), the undersigned may make, amend, or rescind necessary orders, rules, and regulations within the limits of the authority conferred upon the Governor in the Emergency Management Act; and
WHEREAS, N.C. Gen. Stat. § 166A-19.10(b)(3) authorizes and empowers the undersigned to delegate any Gubernatorial vested authority under the Emergency Management Act and to provide for the subdelegation of any authority.
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED:
Section 1. Extensions and technical amendments
For the reasons and pursuant to the authority set forth above and set forth in the relevant Executive Orders referenced below, the undersigned orders as follows:
A. Executive Order Nos. 116 and 119.
1. Sections 3 to 6 of Executive Order No. 119 are hereby extended through the end of the calendar day on May 19, 2020.
2. Sections 5 and 6 of Executive Order No. 116 (which were rewritten by Section 7 of Executive Order No. 119 ) and Sect ions 7 and 8 of Executive Order No. 116, which interpret and implement those sect ions , are also hereby extended through the end of the calendar day on May 19, 2020. Nothing in this Executive Order modifies the effectiveness of any provisions of Executive Order No. 116 other than Sections 5 through 8.
3. This Executive Order does not amend the sixty (60) day postponement of OMV-re lat e d hearings established in Sect io n 3.f of Executive Order No. 119.
4. The first sentence of Section 8 of Executive Order No. 119 is an1ended to read:
"This Executive Order is effective immediately and shall remain in effect until the end of the calendar day on May 19, 2020, or until rescinded or superseded by another applicable Executive Order; provided, however, that expiration of this Executive Order will not invalidate postponements of OMV-related hearings that occurred under Section 3.f of this Executive Order."
B. Miscellaneous provisions. For avoidance of doubt:
1. Future Executive Orders may extend the term of the restrictions, delegations, and requirement s listed above.
2. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order.
Section 2. Distribution
I hereby order that this Executive Order be: ( I) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public ; (2) promptly filed with the Secretary of the North Carolina Department of Public Safety, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the State of Emergency would prevent or impede such filing; and (3) distributed to others as necessary to ensure proper implementation of this Executive Order.
Section 3. Effective Date
This Executive Order is effective immediately. This Executive Order shall remain in effect for the periods stated in Sections 1.A.1 and 3 of this Executive Order, unless this Executive Order is repealed, replaced, or rescinded by another applicable Executive Order. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 17th day of April in the year of our Lord two thousand and twenty.
Elaine F. Marshall
Secretary of State