North Carolina § 147-12 - Powers and duties of Governor.

§ 147-12. Powers and duties of Governor.

In addition to the powers and duties prescribed by the Constitution, the Governor has the powers and duties prescribed in this and the following sections: To supervise the official conduct of all executive and ministerial officers; and when the Governor deems it advisable to visit all State institutions for the purpose of inquiring into the management and needs of the same. To see that all offices are filled, and the duties thereof performed, or in default thereof apply such remedy as the law allows, and if the remedy is imperfect, acquaint the General Assembly therewith. To make the appointments and fill the vacancies not otherwise provided for in all departments. During the physical or mental incapacity of the regular holder of the office to discharge the duties of the office, During the continued absence of the regular holder of the office, or During a vacancy in an office and pending the selection and qualification, in the manner prescribed by statute, of a person to serve for the unexpired term. To make appointments to fill vacancies in offices subject to appointment by the General Assembly as provided in G.S. 120-122. Whenever a statute calls for the Governor to appoint one person from each congressional district to a board or commission, and at the time of enactment of that statute, the gubernatorial appointments do not cover all of the congressional districts, then the Governor, in filling vacancies on that board or commission as they occur, shall make appointments to satisfy that requirement, but shall not be required to remove any person from office to satisfy the requirement. Notwithstanding any other provision of law, whenever a statute calls for the Governor to appoint a person to an office subject to confirmation by the General Assembly, the Governor shall notify the President of the Senate and the Speaker of the House of Representatives by May 15 of the year in which the appointment is to be made of the name of the person the Governor is submitting to the General Assembly for confirmation. Notwithstanding any other provision of law, whenever a statute calls for the Governor to appoint a person to an office subject to confirmation by the Senate, the Governor shall notify the President of the Senate by May 15 of the year in which the appointment is to be made of the name of the person the Governor is submitting to the General Assembly for confirmation. To be the sole official organ between the government of this State and other states, or the government of the United States. To have the custody of the great seal of the State. If the Governor is apprised by the affidavits of two responsible citizens of the State that there is imminent danger that the statute of this State forbidding prizefighting is about to be violated, the Governor shall use, as far as necessary, the civil and military power of the State to prevent it, and to have the offenders arrested and bound to keep the peace. Repealed by Session Laws 1997-443, s. 32.30(j), effective July 1, 1999. In carrying out ex officio duties, to designate the Governor's personal representative to attend meetings and to act in the Governor's behalf as the Governor directs. To appoint such personal staff as the Governor deems necessary to carry out effectively the responsibilities of the Governor's office. To contract in behalf of the State with the government of the United States to the extent allowed by the laws of North Carolina for the purpose of securing the benefits available to this State under the Federal Highway Safety Act of 1966. To that end, the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions relating thereto. Upon being furnished information from law-enforcement officers that public roads or highways or other public vehicular areas, as defined in G.S. 20-4.01, are being blocked by privately owned and operated vehicles or by any other means, thereby impeding the free flow of goods and merchandise in North Carolina, if such information warrants, to declare that a state of emergency exists in the affected area, and to order that the Highway Patrol and/or National Guard remove the offending vehicles or other causes of the blockade from the emergency area. To name and locate State government buildings, monuments, memorials, and improvements, as provided by G.S. 143B-373(a)(1). To oversee and approve all memoranda of understanding and agreements between the State and foreign governments, as defined in G.S. 66-280(c), and international organizations. Any memoranda of understanding or agreements under this subsection to be signed on behalf of the State must first be approved by the Governor after review by the Attorney General, and after execution filed with the Secretary of State in accordance with G.S. 66-280. To negotiate and enter into Class III Tribal-State gaming compacts, and amendments thereto, on behalf of the State consistent with State law and the Indian Gaming Regulatory Act, Public Law 100-497, as necessary to allow a federally recognized Indian tribe to operate gaming activities in this State as permitted under federal law. The Governor shall report any gaming compact, or amendment thereto, to the Joint Legislative Commission on Governmental Operations. The Department of Transportation, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the State Highway Patrol, the Wildlife Resources Commission, the Division of Parks and Recreation in the Department of Natural and Cultural Resources, and the Division of Marine Fisheries in the Department of Environmental Quality shall deliver to the Governor by February 1 of each year detailed information on the agency's litter enforcement, litter prevention, and litter removal efforts. The Administrative Office of the Courts shall deliver to the Governor, by February 1 of each year, detailed information on the enforcement of the littering laws of the State, including the number of charges and convictions under the littering laws of the State. The Governor shall gather the information submitted by the respective agencies and deliver a consolidated annual report, on or before March 1 of each year, to the Environmental Review Commission, the Joint Legislative Transportation Oversight Committee, and the House of Representatives and the Senate Appropriations committees with jurisdiction over Natural and Economic Resources. In every case where the Governor is authorized by statute to make an appointment to fill a State office, the Governor may also appoint to fill any vacancy occurring in that office, and the person the Governor appoints shall serve for the unexpired term of the office and until the person's successor is appointed and qualified. In every case where the Governor is authorized by statute to appoint to fill a vacancy in an office in the executive branch of State government, the Governor may appoint an acting officer to serve An acting officer appointed in accordance with this subsection may perform any act and exercise any power which a regularly appointed holder of such office could lawfully perform and exercise. All powers granted to an acting officer under this subsection shall expire immediately a. Upon the termination of the incapacity of the officer in whose stead the person acts, b. Upon the return of the officer in whose stead the person acts, or c. Upon the selection and qualification, in the manner prescribed by statute, of a person to serve for the unexpired term. The Governor may determine (after such inquiry as the Governor deems appropriate) that any of the officers referred to in this paragraph is physically or mentally incapable of performing the duties of the office. The Governor may also determine that such incapacity has terminated. The compensation of an acting officer appointed pursuant to the provisions of this subdivision shall be fixed by the Governor. History (1868-9, c. 270, s. 27; 1870-1, c. 111; 1883, c. 71; Code, s. 3320; 1895, c. 28, s. 5; 1905, c. 446; Rev., s. 5328; C.S., s. 7636; 1955, c. 910, s. 3; 1959, c. 285; 1967, c. 1253; 1973, c. 1148; 1981 (Reg. Sess., 1982), c. 1191, ss. 3, 4, 68; 1983, c. 913, s. 46; 1985, c. 122, s. 5; c. 757, s. 181(a); 1985 (Reg. Sess., 1986), c. 955, ss. 106, 107; 1997-14, s. 3; 1997-443, s. 32.30(j); 1999-260, s. 4; 2001-487, s. 92; 2001-512, s. 9; 2001-513, s. 29(a); 2006-6, s. 6; 2006-79, s. 15; 2006-203, s. 114; 2006-259, s. 33(a); 2009-281, s. 1; 2011-145, ss. 19.1(g), (h); 2012-83, s. 58; 2015-241, s. 14.30(ccc); 2017-102, ss. 28, 45; 2017-186, s. 2(ssssss).) Cross References. - As to the Governor's power to appoint, see N.C. Const., Art. III, §§ 5 and 7, and N.C. Const., Art. IV, § 19. For provisions placing the Governor and Council of State in charge of the State's interest in railroads, canals and other works of internal improvements, see G.S. 124-1 et seq. As to Class III gaming on Indian lands, see G.S. 14-292.2. As to Indian Gaming Education Revenue Fund, see G.S. 143C-9-7. As to investment of surplus State funds, see G.S. 147-69.1. Editor's Note. - Session Laws 2001-512, s. 15, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to the agency." Session Laws 2005-1, s. 1, provides that 2005-1 shall be known as "The Hurricane Recovery Act of 2005." For Session Laws 2005-1, ss. 2.1 and 4, containing provisions for legislative findings regarding critical hurricane recovery needs not met by existing state and federal programs and funds, and establishment of the Disaster Relief Reserve Fund, see note at G.S. 143-1. Session Laws 2006-6, s. 12, provides: "Prosecutions for offenses committed before the effective dates in this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. If a final order by a court of competent jurisdiction prohibits possession or operation of video gaming machines by a federally recognized Indian tribe because that activity is not allowed elsewhere in this State, this act is void." Session Laws 2018-2, s. 1(e), provides: "(e) No Conflict. - The legislative power of the State is vested in the General Assembly of the State of North Carolina. The Legislature must declare the policy of the law, fix legal principles which are to control in given cases, and provide standards for guidance in executing the law. The Governor shall take care that the laws be faithfully executed. Therefore, nothing in this section shall be construed, or is intended, to (i) be in conflict with the rights of any person or any mandatory provision of federal law or to infringe on the constitutional powers of the Governor to execute the laws of this State or (ii) preclude or supersede any mitigation agreement entered into under applicable State or federal law." Effect of Amendments. - Session Laws 2006-6, s. 6, as amended by Session Laws 2006-259, s. 33(a), effective June 6, 2006, added the last sentence to subdivision (a)(14). Session Laws 2006-79, s. 15, effective July 10, 2006, deleted "and August 1" following "February 1" from the first and third sentences, in the last sentence, substituted "annual" for "semiannual" and deleted "and September 1" following "March 1." Session Laws 2006-203, s. 114, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, deleted the last sentence in the last paragraph of subdivision (a)(3), which read: "Prior to taking any action under this paragraph, the Governor may consult with the Advisory Budget Commission." Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard" in subdivision (a)(11). Session Laws 2011-145, s. 19.1(g) and (h), effective January 1, 2012, in the first sentence of subsection (b), substituted "Division of Adult Correction of the Department of Public Safety, the Department of Public Safety" for "Department of Correction, the Department of Crime Control and Public Safety." Session Laws 2012-83, s. 58, effective June 26, 2012, deleted "the Department of Public Safety," following "Department of Public Safety," and made minor punctuation changes in subsection (b). Session Laws 2015-241, s. 14.30(ccc), effective July 1, 2015, in subsection (b), in the first sentence, substituted "Department of Natural and Natural Resources" for "Department of Environment and Natural Resources" and "Department of Environmental Quality" for "Department of Environment and Natural Resources, and substituted "Senate appropriations committees with jurisdiction over natural and economic resources" for "Senate Appropriations Subcommittees on Natural and Economic Resources" in the last sentence. Session Laws 2017-102, s. 28, effective July 12, 2017, substituted "G.S. 143B-373(a)(1)" for "G.S. 143B-373(1)" in subdivision (a)(12). Session Laws 2017-102, s. 45, effective July 12, 2017, substituted "Department of Natural and Cultural Resources" for "Department of Natural and Natural Resources [Department of Natural and Cultural Resources]" in subsection (b). Session Laws 2017-186, s. 2(ssssss), effective December 1, 2017, inserted "and Juvenile Justice" in the first sentence of subsection (b).