House votes to rein in governor's powers during pandemic

The House voted along party lines Wednesday to limit a governor's power to enact the far-reaching shutdown orders Gov. Roy Cooper has put in place over the past 12 months in response to the coronavirus pandemic.

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.

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.

Rep. Keith Kidwell, R-Beaufort, said the measure wouldn't affect a governor's ability to respond to natural disasters, which are shorter duration and usually affect only a portion of the state. But new restrictions are needed for a pandemic that has stretched on for more than a year, he said.

"In a state of emergency, you should have all hands on deck, not just one set of hands," House Majority Leader John Bell said, noting that government in the U.S. was never set up for unilateral rule.

"There's more than one way to handle this crisis," agreed Rep. Sarah Stevens, R-Surry. "We're doing what one person wants us to do."

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.

House Democrats argued that North Carolina has only one chief executive, and he should have the power to make difficult decisions in the state's overall best interests.

"This is not the time to strip the governor of any power. This is the time to band together," said Rep. Amos Quick, D-Guilford.

Rep. Billy Richardson, D-Cumberland, asked that the bill be amended to require only consultation of the Council of State rather than consent.

"He should be doing that anyway," said Bell, R-Wayne.

He and other backers 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, bill sponsors said.

Rep. Marcia Morey, D-Durham, argued that Cooper hasn't made unilateral decisions. He has routinely consulted state health officials and based his actions on science and data to limit the virus' spread, she said.

"This is a health emergency, and as far as I know, not one member of the Council of State is an expert in public health," Morey said.

After the 69-50 House vote, the bill now heads to the Senate.

Cooper vetoed a similar challenge to his emergency powers last year, but he hasn't commented on this bill.