House Republicans on Wednesday marked the one-year anniversary of Gov. Roy Cooper's declaration of a statewide emergency over the coronavirus pandemic to introduce legislation that would limit a governor's ability to enact the far-reaching shutdown orders Cooper has put in place over the past 12 months.
House Bill 264 would require Cooper or any future governor to get approval from the Council of State, a group of 10 officials elected statewide, when ordering schools or large swaths of the economy to close, as Cooper did last spring in an effort to limit the spread of the virus.
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The governor would have up to seven days after issuing a shutdown order to seek the council's support, and the council would then have to reaffirm its support every 30 days after that. The requirement applies only for orders that affect at least two-thirds of North Carolina's 100 counties.
"Today marks one year, 365 days, since our governor put our citizens under a statewide, unilateral lockdown," House Majority Leader John Bell said. "Since then, the governor has exercised absolute power by dictating what businesses can and cannot open, how schools can operate and when and where people can gather."
Bell, R-Wayne, said lawmakers agree that the state needed to take swift action to respond to the pandemic, but the Emergency Management Act that vested those decisions with the governor needs to be updated to take current conditions into account.
"There needs to be more bipartisan input and checks and balances," he said. "There is no unilateral rule in a constitutional republic."
Cooper spokeswoman Dory MacMillan said in an email to WRAL News that the governor would review the bill "but is concerned about legislation that could make it difficult to quickly and effectively respond in an emergency."
Republican officials have frequently criticized Cooper's shutdown orders over the past year, questioning his goal in keeping everything from bars to schools closed for months and decrying the impact on the state economy, family finances and student learning.
Lawmakers passed a slew of bills last summer to reopen gyms, bars, bowling alleys and other businesses, only to have Cooper veto them.
Former Lt. Gov. Dan Forest even sued Cooper, as did several industry groups, to overturn the shutdown orders. Courts usually agreed that the governor had the authority to enact the orders, although Cooper had to relent when churches challenged limiting the number of people allowed at worship services.
On Wednesday, Cooper and legislative leaders announced a deal to get students back into public schools statewide in the coming weeks after the governor had vetoed a bill last month that mandated in-person instruction.
Rep. Destin Hall, R-Caldwell, noted that Cooper sought Council of State approval for his decisions in th early days of the pandemic. But once the council, which has had a 6-4 Republican majority throughout the past year, started questioning his moves, he no longer asked their opinion, Hall said.
"We've got to build public trust [during] an emergency situation," Hall said, noting that Cooper's orders "have become politicized" and resulted in numerous protests across the state.
Lawmakers tried last summer to rein in Cooper's emergency powers, but he vetoed the bill. Hall said the latest effort addresses the governor's concerns by extending from 48 hours to seven days the time he can act before seeking Council of State approval.
"This is not about saying we need to get rid of a certain order now or we need to change a certain order now," Hall said. "This is about saying that one person should not have the ability to shut down businesses, schools and commerce in our state."