Governor McCrory Releases Statement on House Bill 364

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Governor McCrory Releases Statement on House Bill 364

Published: Monday, April 27th, 2015 @ 4:29 am
By: Stan Deatherage ( More Entries )

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News Release:

    Raleigh, NC     Governor Pat McCrory issued the following statement on allowing House Bill 364 to become law without his signature:

    "On March 16, 2015, a three-judge panel ruled that a provision in the Coal Ash Management Act compelling me to issue an executive order was unconstitutional. This bill removes this provision from the Act, and also removes similar provisions in other statutes. It properly leaves the decision to issue an executive order in my discretion. This bill does not, however, settle the issue as to whether the Legislature could pass future bills that again compel me to issue an executive order. This issue requires a final resolution from the North Carolina Supreme Court.

    "Another part of the bill removes the ability of legislators to serve on two commissions and a board. In place of legislators, it allows legislative appointees to serve. While these entities are mostly advisory in nature, they do perform some executive functions. I believe that it is unconstitutional to allow legislative appointees to serve on boards and commissions that perform executive functions, and the three-judge panel agreed with respect to the Coal Ash Commission and two other commissions. This issue also requires a final resolution from the Supreme Court.

    "For these reasons, I will allow this bill to become law without my signature."

    Contact: Crystal Feldman
       govpress@nc.gov

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