RALEIGH, N.C. (AP) - North Carolina’s current and future governors would be limited in wielding powers during state emergencies unless there’s support from other elected leaders in a bill approved Tuesday by the state Senate.
The bill was filed by Republicans unhappy with many of Democratic Gov. Roy Cooper’s directives on businesses and schools over the past 13 months during the COVID-19 pandemic. The House approved a different bill last month that also attempts to rein in the governor’s powers.
Courts have generally favored Cooper in litigation challenging his authority during the health crisis. Cooper vetoed a bill last year addressing his emergency powers and Council involvement.
The current emergency process provides “one person with unilaterally unchecked power to write or delete laws with complete discretion for any length of time,” said Sen. Amy Galey, an Alamance County Republican and bill co-sponsor.
The measure, approved in a party-line 28-21 vote, says any executive order declaring a state of emergency or taking other actions to respond to an emergency would expire in 10 days of its issuance without the backing of a majority of the Council of State.
The council is identified in the bill as the lieutenant governor, attorney general and seven other statewide elected officials. Republicans currently hold six of those positions. Galey and other bill supporters said having the Council involved would bring a wealth of expertise to the decision-making process and help shape a state response to long-term emergencies.
The Senate bill says an emergency-related declaration or order supported by the Council could last up to 45 days. Further extension would require the approval of both the House and Senate. The General Assembly is already allowed to declare a state of emergency.
Sen. Natasha Marcus, a Mecklenburg County Democrat, opposed the new proposal because she said it would present obstacles to a governor in carrying out the duties that voters elected him to perform.
The bill is “the equivalent of throwing banana peels in the path of the governor,” Marcus said. She said North Carolina has fared better compared to other states during the pandemic in terms of cases and the recovering economy because of Cooper’s leadership in the yearlong emergency.
The measure, which also makes clear which additional emergency actions by a governor is subject to Council review, now goes to the House.
The competing House proposal, approved March 31 also along party lines, left out any legislative involvement to extend emergency declarations issued by a governor. Instead, a governor’s declaration that receives the Council’s concurrence within seven days of issuance could remain enforceable for 30 days without additional backing of the Council.
Please read our comment policy before commenting.