Bill Seeking To Limit NC Governor Emergency Powers Advances

House Republicans advanced a measure on Tuesday that requires North Carolina’s governor to obtain formal support from other elected leaders to enforce long-term statewide emergency orders.

A state House judiciary committee voted for the legislation, which marks another response by GOP legislators to Democratic Gov. Roy Cooper’s executive orders since his March 2020 emergency declaration due to COVID-19. His directives closed school buildings, fitness centers and bars and restricted mass gatherings. Republicans and some allies have said Cooper has wielded too much individual power during the pandemic.

The bill would require the governor to seek and receive backing for a statewide emergency declaration from a majority of the Council of State. The legislation identified the Council as the lieutenant governor, attorney general and seven other statewide elected officials. Republicans currently hold six of those positions.

If the governor doesn’t receive the council’s “concurrence,” the declaration would expire within seven days, under the bill. Otherwise, declarations cannot be extended without the council’s support, and they can’t go beyond 30 days without further concurrence.

While state law already requires a governor to run some orders past the Council of State, courts have nearly always upheld Cooper’s ability to act unilaterally during the pandemic due to the public health dangers. Last July, Cooper vetoed a bill somewhat similar to the one being considered.

Decisions on emergency orders need the perspectives of a variety of leaders, said Rep. Sarah Stevens, a Surry County Republican supporting Tuesday’s bill. “We need that diversity, and that’s what that bill is about,” Stevens said.

But committee Democrats opposed to the measure said voters believe such emergency decisions should rest with the governor.

“I feel like the executive branch is where the buck stops,” said Rep. Rachel Hunt, a Mecklenburg County Democrat. Her father is former four-term Gov. Jim Hunt.

The bill needs to clear one more committee before going to the House floor.

Photo via North Carolina’s Department of Public Safety.

‹

NC Mulls Incentives for Prison Inmates Who Get Vaccinated

North Carolina prison officials are considering offering rewards to inmates who accept a coronavirus vaccine that will soon become available to them. Todd Ishee, commissioner of prisons, said at a Thursday news conference that the Department of Public Safety is considering offering prisoners a greater number of guest visitations and other perks if they choose […]

North Carolina to Test All Prison Inmates, Staff Members

North Carolina prison officials released a plan Thursday to test all of its inmates and staff members for the coronavirus, following a court mandate ordering the state to release a proposal for universal testing by June 22. It will take at least 60 days to perform COVID-19 tests for all 31,200 offenders, Todd Ishee said during a […]

North Carolina Prisons Get First Wave of COVID Vaccine Doses

North Carolina’s Department of Public Safety announced on Wednesday it has received about 1,000 doses of Moderna’s coronavirus vaccine for inmates and prison staff. “The staff have worked so hard for so long with hope and prayer for a better day down the road,” said a statement from Todd Ishee, the state’s commissioner of prisons. […]

Gov. Cooper Extends North Carolina Stay at Home Order, Reopening for Another 3 Weeks

North Carolina Governor Roy Cooper announced his plans to extend his stay at home order for the state another three weeks, citing recent rises in coronavirus cases and trends. With his order set to expire on Friday, Cooper said at a press briefing on Wednesday he will add an extension through at least November 13. […]

Virus Directives Mean Hundreds More NC Prisoners Go Home

Nearly 200 inmates within North Carolina’s prison system have been allowed to serve the rest of their sentences outside of prison to discourage the spread of COVID-19, state officials said Thursday. The Department of Public Safety released figures showing how it is carrying out an initiative announced last month to allow some prisoners, including those at […]

Interest on NC Taxes Paid Waived in Bill Signed by Cooper

North Carolina income tax filers won’t have to pay interest on payments turned in by the new May 17 deadline in a bill signed into law by Gov. Roy Cooper late Tuesday. The legislation, signed by Cooper after the measure was given final legislative approval earlier Tuesday, addresses a result from an IRS decision to push […]

Cooper Address Focuses On COVID, Finding Agreement With GOP

Written by GARY D. ROBERTSON North Carolina Democratic Gov. Roy Cooper recalled the pain and courage stemming from the COVID-19 pandemic in his State of the State address Monday, while urging Republicans to cooperate with him this year on health care, education and infrastructure needs. “In a year of hardship and loss, we owe it to […]

Broad Support for NC Bill to Bar Shackling Pregnant Inmates

Written by GARY D. ROBERTSON A bipartisan legislative effort to improve the care of pregnant women in North Carolina’s prisons and jails will protect the mothers and newborns without diminishing public safety, supporters said Tuesday. Among other protections, the bill would prohibit physical restraints on incarcerated women before, during and after they deliver their babies. Democratic […]

NC House Votes for Guardrails on Governor's Emergency Powers

Written by GARY D. ROBERTSON North Carolina’s governor would have to get formal support from other elected leaders to carry out long-term emergency orders in a measure approved Wednesday by the state House. The 69-50 party-line result favored Republicans, who’ve chafed under Democratic Gov. Roy Cooper’s directives during the COVID-19 pandemic and drafted the legislation. Cooper’s […]

Bill Seeking To Limit NC Governor Emergency Powers Advances

House Republicans advanced a measure on Tuesday that requires North Carolina’s governor to obtain formal support from other elected leaders to enforce long-term statewide emergency orders. A state House judiciary committee voted for the legislation, which marks another response by GOP legislators to Democratic Gov. Roy Cooper’s executive orders since his March 2020 emergency declaration due […]

›