North Carolina House passes bill to limit governor’s emergency powers

The North Carolina state House on Wednesday voted to approve a bill introduced earlier this month that seeks to clarify laws surrounding the governor’s powers under a state of emergency. 

The legislation, known as the Emergency Powers Accountability Act, would require the governor to seek the approval from a majority of the Council of State, which includes 10 senior executive offices of the North Carolina government, for any statewide emergency declaration expected to last longer than 30 days. 

Bill sponsor and House Majority Leader John Bell (R) said in a press release announcing Wednesday’s 69-50 vote that the legislation “is not about politics — it is about clarifying the law to restore accountability and ensure stronger bipartisan input.” 

“The Governor was never intended to have such absolute authority, especially for an unlimited time,” Bell said. 

The legislation was unveiled earlier this month on the one-year anniversary of Gov. Roy Cooper’s (D) executive order declaring a state of emergency at the start of the coronavirus pandemic. 

The bill’s lead sponsor, Rep. Keith Kidwell (R), said Wednesday that the legislation came in direct response to Cooper’s executive actions surrounding the pandemic, adding, “No one person should have such sweeping and unilateral authority to shut down our state.”

North Carolina Republicans have pointed out that while Cooper sought approval from the Council of State for his first shutdown order last March, he did not do so for subsequent orders after council members raised questions and concerns on the governor’s emergency powers during the pandemic. 

Bell argued in Wednesday’s press release that a legal loophole in North Carolina state law currently allows the governor to “unilaterally declare a state of emergency and continue issuing executive emergency orders as long as he or she desires.” 

GOP lawmakers in the state further criticized Cooper’s executive actions on COVID-19 after he sought the approval from the Council of State to declare a state of emergency ahead of severe weather earlier this month, arguing he should remain consistent how he goes about the declarations. 

When the executive powers bill was introduced, Cooper’s press secretary, Dory MacMillan, said in a statement to The Hill that the governor was concerned the legislation “could make it difficult to quickly and effectively respond in an emergency.”

The bill now moves to the state Senate for debate and voting, according to Wednesday’s press release. 

Following continued actions placing strict limits on activities in the state, Cooper has begun to ease some restrictions. 

Last week, he issued an order increasing the indoor gathering limit from 25 to 50 people, and the outdoor limit from 50 to 100 people. The order also included the complete opening of certain locations, such as retail stores and salons, and increased the indoor and outdoor capacity limits for restaurants, breweries, gyms and other local businesses.