(RALEIGH) -- Gov. Beverly Perdue’s executive order to restore unemployment benefits to about 47,000 North Carolinians could face some legal tests.  That's according top leaders at the state Employment Security Commission and non-partisan legislative staff.

Perdue issued the order to authorize unemployment checks for which the benefits ran out after she and the General Assembly leadership could not agree on an extension. Perdue wanted a bill that dealt with only the extension, but the Republican controlled legislature sent her two bill both also containing a continuing resolution to trim spending if a budget was not approved by July 1.

An email from legislative bill drafting director Gerry Cohen questions the legality of the executive order. “I  know of nothing in the Constitution or laws of this state authorizing the action taken in the executive order, nor do I know of any support in  the Constitution or laws that the Governor is responsible for the general health, safety and welfare of the citizens,” he said in the email.

Cohen  went on to say the issue will be moot should the governor sign the budget that landed on her desk early Saturday morning. A provision in the budget restores the benefits for those affected retroactively.